JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Saturday, March 11, 2006




War crimes prosecutor calls for arrest and trial of fugitives after Milosevic death
Bernard Hibbitts on March 11, 2006 4:10 PM ET

[JURIST] ICTY Chief Prosecutor Carla del Ponte marked the sudden death of Slobodan Milosevic [JURIST report] Saturday by reiterating her call [JURIST report] for the remaining fugitives from the Hague war crimes tribunal to be brought to justice and tried. She said in a statement:

The death of Slobodan Milosevic, a few weeks before the completion of his trial, will prevent justice to be done in his case. However, the crimes for which he was accused, including genocide, cannot be left unpunished. There are other senior leaders accused of these crimes, six of them who are still at large. The international community and the Tribunal are responsible to the victims to ensure that all of these accused are brought to justice and tried in The Hague, especially Radovan Karadzic and Ratko Mladic.
Milosevic was found dead in his cell early Saturday. A few hours afterwards Zdenko Tomanovic, a Belgrade-based lawyer for Milosevic, told reporters that Milosevic had told him that he feared he was being poisoned [Reuters report] in detention, and had asked Tomanovic to apply for protection on his behalf to the Russian embassy in The Netherlands and to the Russian Foreign Ministry in Moscow. A spokesperson for the International Criminal Tribunal for the Former Yugoslavia meanwhile denied suggestions [AFP report] that the Tribunal was in any way responsible for Milosevic's demise. Spokesman Christian Chartier told AFP, "The tribunal has nothing to be blamed for...The International Criminal Tribunal for the former Yugoslavia take[s] the utmost care of its indictees and of [Milosevic] in particular...We cannot be blamed for negligence."

Reaction to Milosevic's death and the consequent end of his lengthy trial has poured in from around the world. Serbian Foreign Minister Vuk Draskovic [official profile], noting that Milosevic had personally ordered murders of his party members and attempts on his own life, said he was simply "sorry that he was being tried in The Hague, not in Belgrade, for what he had done to our nation". The head of the Socialist Party of Serbia, Milosevic's own political party, said however that Milosevic had been "murdered" at The Hague: "The decision of the Tribunal to disallow Milosevic's medical treatment at the Bakunin Institute in Moscow represents a prescribed death sentence against Milosevic."

Political leaders in neighboring Croatia and Bosnia-Herzegovina, whose populations were decimated in Milosevic's Balkan Wars, regretted that Milosevic had died before justice could be done. The office of Croatian President Stjepan Mesic said "It's a pity that Milosevic did not live through the trial and get his deserved sentence."

EU representatives meanwhile urged Serbs to look to the future after Milosevic's passing. EU foreign policy chief Javier Solana [official website], who headed NATO during the bombing campaign against Yugoslavia in the late 1990s after the expulsion of ethic Albanians from Kosovo, issued a statement [PDF] attempting to strike a conciliatory and optimistic tone:
The death of any individual is a sad event. I think particularly of his family. Personally I have had a long, difficult relationship with Slobodan Milosevic from many encounters in dramatic circumstances.

But we cannot ignore the fact that many men and women suffered from the consequences of his policies. My thoughts also go to them.

My message today to the Serbian people is to come to terms with the legacy of Milosevic. This will help them in moving forward towards the family of European nations to which they belong.
From Belgrade, B92 has more.





Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Lawmakers to go ahead with vote on Dubai firm ports deal
Bernard Hibbitts on March 11, 2006 2:59 PM ET

[JURIST] US lawmakers have indicated that they intend to press ahead with a vote next week on legislation to block the transfer of operations at 6 US ports to United Arab Emirates-owned Dubai Ports World. The controversial deal is widely considered to be dead after DPW announced Thursday that it would transfer its operating rights, newly acquired from British P&O, to a US firm, but some observers say that transfer might not be as easy as it might sound and that lawmakers would take no chances.

Last Wednesday the US House Appropriations Committee [official website] voted 62-2 [JURIST report] to amend an emergency appropriations bill for Iraq and Gulf Coast reconstruction with a provision [PDF] blocking the deal, and a spokesman for House Speaker Dennis Hastert says that a vote in the full House would take place Wednesday or Thursday. The White House has threatened to veto the appropriations bill if it comes forward with that provision. Even if the amendment is defeated, however, extended debate on it could be politically damaging to President Bush, who has come in for sharp criticism from members of his own Republican party for allowing the deal to go as far as it did. Reuters has more.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Classified ruling issued in terror financing case after evidence queried for wiretaps
Bernard Hibbitts on March 11, 2006 2:17 PM ET

[JURIST] A New York federal judge Friday issued a highly-unusual classified ruling rejecting a defense motion to dismiss a US case brought against two Albany mosque members originally charged [JURIST report] with money laundering and supporting terrorism after their arrests in a government sting operation. The designation of the ruling as secret and not merely sealed means that the defense lawyers in the case cannot even read the judge's reasons for why their motion was refused. The defense had brought the motion alleging that evidence in the case may have been illegally obtained through National Security Agency wiretaps under the President's controversial domestic surveillance program [JURIST news archive]. Judge Thomas J. McAvoy of the United States District Court for the Northern District of New York made his ruling after prosecutors gave him classified documents relevant to the case. The lawyer for one of the accused told the New York Times that the classification of the ruling had convinced him that evidence from secret wiretaps had in fact been used.

A specific terrorism charge against Yassin Aref, 35, an imam at the Masjid as-Salam mosque [mosque website] in Albany and Mohammed Hossain, 50, a mosque founder who owns a restaurant, was later dropped when it was found to be based on a Defense Department mistranslation of evidence [NYT report]. Hossain is currently out on bail pending trial; Aref has been re-arrested on new charges. The New York Times has more. The number of secret proceedings in US federal courts [JURIST report] has increased in recent years, according to new studies.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Pentagon defends force-feeding at Guantanamo
Stefanie Presley on March 11, 2006 1:21 PM ET

[JURIST] Pentagon officials said Friday that the force-feeding of hunger-striking detainees [JURIST news archive] at Guantanamo Bay [JURIST news archive] would continue despite opposition from doctors who signed an open letter [PDF] published in the British medical journal Lancet [journal website] earlier this week. The letter, endorsed by 263 doctors from seven countries [JURIST report], called for the US to halt force-feeding by stomach tubes and the use of restraint chairs for prisoners, and called for an independent medical evaluation of the situation. The letter also noted that the World Medical Association [profession website] specifically bans the use of force-feeding in declarations to which the American Medical Association [group website] is a party.

The Pentagon says there are 6 detainees currently on a hunger strike, including 3 being tube-fed, down from a peak of about 130 hunger strikers in September 2005. The Pentagon also challenges the jurisdiction of the WMA to condemn the practice, noting: "Professional organization declarations by doctors, lawyers, dentists, etc. are not international treaties, therefore are nonbinding and not applicable to sovereign nation-states." Reuters has more.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Jury acquits former Atlanta mayor of corruption charges
Stefanie Presley on March 11, 2006 1:10 PM ET

[JURIST] After a day and half of deliberation a federal jury Friday found former mayor of Atlanta Bill Campbell [Wikipedia backgrounder] not guilty of racketeering, fraud and bribery charges, although he was found guilty on three counts of tax evasion. Campbell, mayor from 1994 to 2002, was charged [US DOJ indictment summary, PDF] two years later with taking bribes of more than $160,000 [JURIST report] in exchange for city contracts during his administration.

Campbell's indictment stemmed from a seven year corruption probe which later convicted 10 others from his administration. Campbell could receive to up to nine years in prison. No sentencing date has yet been set. AP has more.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Judge grants Libby limited access to presidential briefings
Bernard Hibbitts on March 11, 2006 11:39 AM ET

[JURIST] A federal judge ruled Friday that former vice-presidential Chief of Staff I. Lewis "Scooter" Libby [defense profile; JURIST news archive] be given limited access to presidential security briefing transcripts to assist him in his defense against perjury charges in the CIA leak case [JURIST news archive]. Libby claims that he was so busy with security matters around the time of the leak that he simply forget his conversation with reporters about the identity of former CIA operative Valerie Plame [JURIST news archive].

US DC District Court Judge Reggie B. Walton addressed security concerns [JURIST report] voiced by the CIA about potential release of the secret top-level briefings by saying that the agency only needed to provide redacted versions of the material - "tables of contents" or topic indexes of the documents "sufficient...for the defendant to refresh his recollection to
adequately accomplish the objectives of his defense."

The Court has painstakingly endeavored to ensure that the defendant is provided with the information he truly needs to prepare his defense based upon what he has represented through counsel will be his theory of why he should not be held culpable for the offenses charged in the indictment. It is based upon this assessment that the Court has concluded that the topic areas of the documents used to brief the defendant during his morning intelligence briefings and the subjects areas of documents that contain the inquiries the defendant made during these briefings are material to the preparation of the defense and thus discoverable under Rule 16. Accordingly, and consistent with this opinion, the Court will require the government to produce either (1) redacted versions of those documents with the defendant being provided what in effect is a table of contents for each set of documents or separate topic overviews of the subject matter contained in those documents and (2) the topic areas of any documents reflecting the inquiries made by the defendant for additional information during his morning intelligence briefings.
Read the full text of the memorandum opinion [PDF]. AP has more.





Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


BREAKING NEWS ~ Milosevic found dead in prison cell
Bernard Hibbitts on March 11, 2006 8:53 AM ET

[JURIST] Former Yugoslav President Slobodan Milosevic [JURIST news archive], on trial at The Hague for genocide and war crimes [ICTY case materials], has died suddenly, according to the International Tribunal for the Former Yugoslavia [official website]. The cause of death is not yet known. The Tribunal has issued the following statement:

Today, Saturday 11 March 2006, Slobodan Milosevic was found lifeless on his bed in his cell at the United Nations Detention Unit in Scheveningen.

The guard immediately alerted the Detention Unit Officer in command and the Medical Officer. The latter confirmed that Slobodan Milosevic was dead.

The Dutch Police and a Dutch coroner were called in and started an enquiry. A full autopsy and a toxicological examination have been ordered. Pursuant to his authority under the Tribunal’s Statute and Rules of Detention, the Tribunal President, Judge Fausto Pocar, has ordered a full inquiry.

Slobodan Milosevic’s family has been informed.
Milosevic was the first head of state ever to go before an international war crimes court. He had been suffering from heart problems which had delayed the proceedings [JURIST report] against him numerous times, and late last year he asked the ICTY [JURIST report] to provisionally release him for treatment in Russia, urging it in February to speed its ruling [JURIST report]. The court recently rejected the request [JURIST report], to the noted displeasure of the Russian Foreign Ministry [JURIST report]. The ruling was under appeal at the time of Milosevic's death.

Milosevic's trial was in its fifth year [JURIST report], making it probably the longest war crimes trial on record, and was expected by most observers to conclude in the next few months. Trained as a lawyer, Milosevic had vigorously represented himself throughout, sparring frequently with judges and witnesses. Defense lawyers were later assigned to assist him but complained he would not co-operate, so much so that at one point they sought permission to withdraw. The UK judge who originally presided over Milosevic's trial, Sir Richard May, died in July 2004 [JURIST report].

Earlier this week another Serb already sentenced for war crimes by the ICTY was found dead in his cell after commiting suicide [JURIST report] at the same UN facility outside The Hague that housed Milosevic.

10:08 AM ET - Stephen Kay, the senior British barrister assigned to defend Milosevic, has told the BBC [recorded audio] that it is unlikely Milosevic committed suicide. as his recent statements to Kay and his own appeal for medical treatment indicated that he wanted to continue his defense.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


UN session on new rights council postponed to next week
Bernard Hibbitts on March 11, 2006 7:23 AM ET

[JURIST] UN General Assembly President Jan Eliasson [official profile] has postponed until next week a scheduled plenary to approve the proposed UN Human Rights Council [JURIST news archive], the body anticipated to take the place of the severely-criticized UN Commission on Human Rights. Eliasson had hoped to have a draft resolution [JURIST document; Eliasson briefing video] on the Council approved by the time the next session of the Commission was scheduled to begin in Geneva on March 13, but last-minute objections [JURIST report] from the United States - itself a severe critic [JURIST report] of the Commission - have forced a delay as diplomats attempt to negotiate an acceptable agreement on precisely what form the new Council will take.

Eliasson has said that he wants to proceed by consensus on the Council resolution, already a compromise document constructed through long negotiations: "I think it is very important that the president's text is adopted without a vote as is the tradition in the United Nations. If there is a vote, there is always the risk that a number of amendments are being proposed and that the draft resolution will be hard to recognize after such an exercise...". The UN News Center has more. AP has additional coverage.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org