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Legal news from Sunday, April 30, 2006




Moussaoui jury to resume deliberations after dictionary debacle
Bernard Hibbitts on April 30, 2006 9:07 PM ET

[JURIST] The jurors in the sentencing trial of Zacarias Moussaoui [JURIST news archive] are set to resume deliberations Monday after spending a weekend at home. The Alexandria, Virginia, jury stopped work Friday in the wake of an admonishment from Judge Leonie Brinkema against doing "outside research", prompted by one of the jurors looking up the potentially-key word "aggravating" in his son's dictionary Thursday evening. The juror later admitted to the judge that he made the investigation contrary to Brinkema's instructions, saying he thought her mandate against research was limited to Internet surfing. Brinkema ruled that the breach of her directions was not intentional or material, but told jurors that they all had to work from the same information, and encouraged them to send her notes if they were not sure of something. Monday marks the beginning of the second week of the Moussaoui deliberations; the case went to the jury [JURIST report] last Monday after closing arguments. The Washington Post has more.

Moussaoui pleaded guilty [JURIST report] to six conspiracy charges [indictment] last year. The jury has already determined that Moussaoui is eligible for the death penalty [JURIST report] and now must decide whether he deserves it, or will get life in prison instead. Review the special verdict form [PDF] that the jury foreman will fill out once the deliberations are over.






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EU deadline for Serbia to deliver Mladic passes with no arrest
Jeannie Shawl on April 30, 2006 8:42 PM ET

[JURIST] A European Union-imposed deadline [JURIST report] for Serbia to turn over war crimes fugitive Ratko Mladic [ICTY case backgrounder; JURIST news archive] passed Sunday with no arrest of the former general. EU Enlargement Commissioner Olli Rehn [official website] said last week that the EU would have "no other option than to call off the next round of negotiations" if Mladic was not turned over within days, but reports Sunday indicated that Rehn would extend the deadline [EuroNews report] until May 3.

Mladic has been indicted [text] by the International Criminal Tribunal for the former Yugoslavia [official website] on charges of genocide, crimes against humanity, and war crimes stemming from the execution of over 7,000 Muslim prisoners and the shelling and sniping of innocent civilians during the siege of Sarajevo. The EU has made Serbia's cooperation in turning over Mladic and other war crimes fugitives, including former Bosnian Serb leader Radovan Karadzic [ICTY case backgrounder], a condition of continuing membership talks. BBC News has more.






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JURIST, Court TV neck and neck in homestretch for law Webby award
Jeannie Shawl on April 30, 2006 8:12 PM ET

[JURIST] JURIST [academic website], the non-commercial legal news and research service powered by law students led by Professor Bernard Hibbitts at the University of Pittsburgh School of Law [academic website], is running neck and neck with US legal television network Court TV [corporate website] in the final days of voting for the annual Webby Awards "People's Voice" award for best Law website of 2006. With voting set to close Friday, May 5, JURIST and Court TV were both polling 28 percent late Sunday afternoon, followed by FindLaw [corporate website], owned by legal publishing giant Thomson Corporation, at 25 percent. New York Times-NPR collaboration Justice Learning and legal self-help site Nolo were far back with 10 percent and 7 percent voter support respectively.

JURIST has been riding a wave of support from law students and law professors across the United States, joined by leading lawyers and members of the general public worldwide. Voting has been going on since the 2006 Webby nominations were announced [JURIST report] in New York April 11. Last year over 200,000 People's Voice votes were cast.

Called the "Oscars of the Internet" by the New York Times and presented by the International Academy of Digital Arts and Sciences [profession website], the "Webbies" are the leading international awards honoring excellence in Web design, creativity, usability and functionality. The Webby People's Voice awards run in parallel with a judges' competition; the results of both will be announced in New York on May 9.

To show your support for JURIST and documented legal news coverage with a global perspective, click here for the People's Voice website, then register and vote in the Law category. And please encourage your friends and colleagues to vote!

The People's Voice website also lets voters write and leave website reviews for the information of other voters.






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Israel cabinet approves changes to security fence route
Jeannie Shawl on April 30, 2006 7:26 PM ET

[JURIST] The Israeli Cabinet on Sunday approved several amendments to the route of the Israeli security fence [IDF website] around Jerusalem and the West Bank and Israeli Prime Minister-designate Ehud Olmert [BBC profile] urged that the barrier be completed as soon as possible. Following the deadly suicide bombing in Tel Aviv earlier this month, Olmert convened top security officials to determine how best to complete the security fence. The cabinet unanimously approved several changes in the route, including a modification [AP report] which will prevent thousands of Palestinians from being enclosed on the "Israeli" side of the wall.

The security fence has been the subject of many court challenges and earlier this month, the Israeli Supreme Court [official website] approved construction of a portion of the fence [JURIST report] around Jerusalem. The International Court of Justice [official website], however, handed down an advisory opinion [text; JURIST report] in 2004 that the fence violated international law. AFP has more.






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US journalist convicted of torture in Afghanistan released from prison
Stefanie Presley on April 30, 2006 4:13 PM ET

[JURIST] US journalist Edward Caraballo, one of three US citizens jailed in 2004 [JURIST report] on charges of running a private jail and torturing eight Afghan men, was released Sunday from Kabul's Pul-i-Charki prison by presidential decree. Caraballo, former US Green Beret Jonathan Idema [BBC profile], and ex-servicemen Brett Bennett entered Afghanistan on a freelance terrorist hunt and were arrested as vigilantes in July 2004 when Afghan forces raided their house in Kabul and found that the men were holding eight Afghan citizens captive.

An Afghanistan appeals court last year reduced [JURIST news report] Caraballo's initial sentence from eight to two years after dismissing a charge that the three US citizens had entered the country illegally. Idema has insisted that he and the others entered the country legally under US and Afghan government sanction to track down Taliban militants and that Caraballo's role was minimal and confined to filming the anti-terrorist mission. The US government has refused to corroborate [JURIST news report] Idema's account, stating that the trio operated outside of the government's command. AP has more.






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Egypt extends emergency law as crackdown on protesters continues
Stefanie Presley on April 30, 2006 3:11 PM ET

[JURIST] The Egyptian parliament on Sunday extended the country's emergency laws [EOHR backgrounder] for two more years in order to allow more time for the government to draft anti-terrorism legislation. The emergency laws, which would have expired in June, were implemented in 1981 in response to the assassination of former President Anwar Sadat [CNN profile] and grant the Egyptian government broad power to arrest anyone who may pose a threat to state security and detain them for renewable 45-day periods. The opposition Muslim Brotherhood [party website; FAS backgrounder] has opposed renewal of the emergency laws [press release], saying they have only resulted in disaster in the country, but were unable to overcome the National Democratic Party's majority in parliament. Reuters has more.

Meanwhile, Egyptian officials have arrested and detained [MB press release] 43 Muslim Brotherhood members, 25 of whom were hanging posters in protest of the emergency laws. Brotherhood members said the arrests were made "with excessive force" and were part of an overall "campaign launched by the Egyptian regime against all the political forces and currents demanding political reform." The Brotherhood has also said that Egyptian police beat members with batons during a protest Thursday staged by the group in support of judges who face disciplinary hearings [JURIST report] for alleging fraud in the 2005 parliamentary elections. Egyptian police have thus far refused to comment on the Muslim Brotherhood's allegations. AP has more.






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Nepal parliament approves measure to draft new constitution
Kiran Chapagain on April 30, 2006 2:12 PM ET

[JURIST] In a ground-breaking political development in Nepalese history, the country's recently reinstated parliament on Sunday unanimously endorsed a proposal to hold elections for a constituent assembly that will draft a new constitution [current text]. "Honorable members, there was no 'nay' heard during the voice voting on the motion. I hereby declare that the resolution tabled by Honorable Prime Minister Girija Prasad Koirala has been passed unanimously," Deputy Speaker Chitralekha Yadav announced at the end of the four-hour long discussion on the motion in the parliament Sunday evening. The idea of holding a constituent assembly in Nepal was first floated back in 1951, when democracy was first established in this Himalayan Kingdom ending the 104-year long Rana oligarchy. Nepal's 237-year old monarchy [official website] has been against the constituent assembly since then. Many believe the election could decide the fate of the monarchy.

The path toward creating a constituent assembly was cleared earlier this week as King Gyanendra [official profile; BBC profile] reinstated the parliament [JURIST report] dissolved in 2002 amidst nationwide people's unrest against the king's 15-month long direct rule. Altogether 18 people were killed and thousands injured during the 18-day people's uprising [JURIST news archive]. The unrest prompted the king to accept the election of the constituent assembly as demanded by Nepal's seven pro-democracy parties and Maoist rebels [BBC backgrounder].

The endorsement of the constituent assembly has addressed one of the main demands set forth by the Maoists to end their 10-year armed insurgency, during which over 13,000 people have been killed, and has opened the doors to a political solution to the insurgency. Speaking in parliament, Nepal's newly appointed Prime Minister Girija Prasad Koirala [OPM website; Wikipedia profile] called on Maoists rebels to negotiate and urged a permanent ceasefire.

Kiran Chapagain is a special correspondent for JURIST writing from Nepal. He is an Assistant Senior Reporter for the Kathmandu Post.






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Sudan government agrees to accept Darfur peace deal
Elizabeth Schultz on April 30, 2006 11:58 AM ET

[JURIST] The Sudanese government [official website] said Sunday that it is ready to formally accept [Reuters report] the peace deal [AU materials] mediated by the African Union [official website] for the war-torn region of Darfur [JURIST news archive]. Majzoub al-Khalifa, head of the government negotiating team, said that Sudan is willing to sign the agreement despite some reservations and added, "The government wishes to confirm its full commitment to implement the agreement in good faith. The delegation is also fully convinced that any difficulties that might come up in the implementation stages can be resolved by consensus between all the parties." Sunday is the deadline set by the AU for the conclusion of two years of talks between the government and rebel groups.

The three major rebel groups in negotiations with the government have not yet agreed to the deal and one has asked for an extension on the deadline. Rebel groups said they have not had enough time to review the draft document and raised concerns about provisions related to security and power sharing. AU negotiator Salim Ahmed Salim has said, however, that the deal cannot be changed [BBC report] and that, "We have done everything that is possible to make an agreement possible." AP has more. The Sudan Tribune has local coverage.






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Malawi VP arrested on treason charges for assassination plot against president
Elizabeth Schultz on April 30, 2006 10:54 AM ET

[JURIST] Malawi [government website] Vice President Cassim Chilumpha has been arrested on treason charges for allegedly plotting to assassinate Malawi President Bingu wa Mutharika [BBC profile], Justice and Constitutional Affairs Minister Henry Phoya said Saturday. Chilumpha was arrested late Friday evening and Phoya said he allegedly asked a prominent businessman to hire an assassin to kill the president so that he could take over the office in exchange for government contracts. Phoya told reporters that some of these conversations were taped and that the assassination attempt would have been carried out in March except that the assassin backed out of the deal. AP has more. Malawi's Nation Online has local coverage.

Chilumpha's lawyer told AP that Chilumpha's arrest was "the continuation of political vindictiveness," on the president's part. In February, President Mutharika attempted to dismiss Chilumpha from his post accusing him of abusing the oath of office. The president was prevented from sacking Chilumpha [BBC report] after a judge ruled that a full judicial review of the charges against the vice president was required. This prompted the president to leave the ruling United Democratic Front [Wikipedia backgrounder] and form the Democratic Progressive Party [Wikipedia backgrounder]. Mutharika is also facing impeachment charges [JURIST report] for allegedly misusing funds and violating the constitution. BBC News has more.






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FBI issued over 9,000 national security letters in 2005: DOJ report
Elizabeth Schultz on April 30, 2006 10:05 AM ET

[JURIST] The FBI issued a total of 9,254 National Security Letters (NSLs) [PDF sample text; ACLU backgrounder] in 2005 related to 3,501 US citizens and legal residents, according to a new US Department of Justice [official website] report. The NSLs allow the executive branch to gather information about individuals suspected in terrorism or espionage cases from banks, credit card, telephone and Internet companies without court approval or a grand jury subpoena. The report was made Friday to US House and Senate leaders as required under the renewal [JURIST report] of the USA Patriot Act [JURIST news archive]. The number of NSLs issued in previous years remains classified.

The report also revealed that the Foreign Intelligence Surveillance Court [FJC backgrounder, JURIST news archive] issued 155 warrants to examine business records since April 2005, a significant increase from the prior 17 months when only 35 such warrants were issued. The court also issued 2,072 special warrants last year, twice the number issued in 2000, for secret wiretaps and searches of suspected terrorists and spies. AP has more.






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