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Legal news from Wednesday, June 21, 2006 |
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Former Canada high court judge assails handling of Air India case as inquiry opens
James M Yoch Jr on June 21, 2006 6:46 PM ET

[JURIST] A retired Canadian Supreme Court justice said Wednesday that major flaws plaguing the Canadian justice system contributed to the mismanagement of the criminal trial and investigation into the 1985 bombing of an Air India flight [CBC backgrounder] from Montreal that exploded over the Atlantic near Ireland, killing 329 people, most of them Canadians. A judicial inquiry into the bombing, headed by former justice John C. Major [official profile] and announced [JURIST report] by Prime Minister Stephen Harper [official website] last month, opened today with a statement from Major, who is slated to begin hearing evidence on September 25 and is expected to report his findings by September 2007. The inquiry will examine whether terrorist threats have been eliminated and whether systemic problems concerning terrorism and other crimes have been resolved, but it will not determine culpability.
The 1985 bombing was the largest single modern terror attack against a Western target before September 11, 2001, and it resulted in the longest and most expensive trial in Canadian history. Ripudaman Singh Malik and Ajaib Sing Bagri were tried on charges [indictment, PDF] of conspiracy to commit murder, first-degree murder of the passengers and crew of Air India Flight 182, and attempted murder of the passengers and crew, but the suspects were acquitted on all charges [JURIST report] last year. Reuters has more. Canadian Press has additional coverage.


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FCC to review media ownership rules
James M Yoch Jr on June 21, 2006 6:31 PM ET

[JURIST] The Federal Communications Commission (FCC) [official website] on Wednesday approved a review of media ownership rules [FCC news release, PDF; fact sheet, PDF], including limits on ownership of broadcast stations by one company and on cross-ownership by broadcasters and newspapers. FCC Chairman Kevin J. Martin [official profile] said [statement, PDF] that the rules, which must be reviewed every four years, will be subject to more public hearings and research studies than in previous reviews and will be available for public comment for a longer time. But the minority FCC Democrats, Michael J. Copps and Jonathan S. Adelstein [statements], criticized the review even while voting for it, saying it does not allow for enough public comment and should be more transparent.
Copps noted the importance of public comment, saying: [W]e need to include the people in our process instead of trying to exclude them. We need to hear from anybody who has a stake in how this is resolved. And everyone has an interest and a stake. ... Good hearings must include all sides of the debate and be held in diverse communities around the country. ... And citizens have a right to expect direct access to decision-makers at the FCC. When a regulatory agency is charged by the law with important public policy matters, it has the obligation to reach out, explain and solicit citizen input. A handful of generalized FCC hearings are not themselves enough. I hope citizens in hundreds of communities across this country will gather to discuss the future of the media. These issues deserve to be discussed in every community because they are going to affect every community. Two years ago, the US Third Circuit Court of Appeals overturned [opinion, PDF] some of the rules because the commission used an improper procedure to change them, and the US Supreme Court let the decision stand without comment [JURIST report]. The commissioners have struggled to agree on an appropriate review process and last summer dropped a scheduled review [JURIST report] from the agenda of a monthly meeting. AP has more.


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BREAKING NEWS ~ Marines charged with murder in Hamdania Iraqi civilian killing
Jaime Jansen on June 21, 2006 4:17 PM ET

[JURIST] The US Marine Corps on Wednesday charged seven Marines and one Navy corpsman with murder and kidnapping in connection to the April 26 death of an Iraqi man outside his home in Hamdania. The eight men allegedly dragged an Iraqi civilian outside of his home, shot him, and then placed an AK-47 rifle and a shovel near his body to make him look like an insurgent burying a roadside bomb. US commanders in Iraq ordered the Naval Criminal Investigative Service [official website] to investigate the incident [MNF-Iraq press release] late last month after local Iraqis told Marine leaders about it at a regularly scheduled May 1 meeting. After investigations began, the eight enlisted service members returned to San Diego-area Camp Pendleton, where they have remained pending the investigation and charges since May. The eight men will now be assigned military lawyers and the US military will likely begin Article 32 [JAG backgrounder; USMJ text] proceedings, similar to a grand jury investigation, which could lead to courts-martial.
The seven Marines from Camp Pendleton-based 3rd Battalion, 5th Marine Regiment [official website] and the Navy corpsman have also been charged with conspiracy and providing false official statements. A civilian lawyer representing one of the Marines announced in early June that charges were expected [JURIST report], though the military has taken longer than expected to charge the eight men. Defense attorneys representing two of the Marines claimed last week that NCIS interrogated their clients under coercive conditions [JURIST report], including making threats about the death penalty. The Hamdania probe is separate from a military investigation into the death of 24 Iraqi civilians in Haditha [JURIST report] last November.


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Annan cites North Korea, Iran in call to strengthen nuclear treaties
Joshua Pantesco on June 21, 2006 2:10 PM ET

[JURIST] UN Secretary-General Kofi Annan called on the world's governments Wednesday to ensure the goal of nuclear non-proliferation by devaluing nuclear weapons and strengthening the treaties to limit and control them. Addressing the opening session of the United Nations Conference on Disarmament (CD) [official website] in Geneva, Annan advocated renewed international efforts to secure compliance with the Nuclear Non-Proliferation Treaty (NPT) [PDF text; UN backgrounder] and buttress that with other agreements.
In May Annan said in Tokyo that the NPT "faces a crisis in confidence and complicity" [JURIST report] as thousands of nuclear weapons still exist, and few nuclear powers seem to be genuinely considering cutbacks in nuclear strength. Now, he observed: We must also resolve two specific situations. The impasse on the Korean Peninsula is especially disappointing given last September's agreement, in the six-party talks, which included a set of principles for a verifiable denuclearization of the Peninsula. I hope the leaders of the DPRK will listen to what the world is telling them, and take great care not to make the situation on the Peninsula even more complicated. Iran, for its part, needs to enable the IAEA to assure the world that its nuclear activities are exclusively peaceful in nature. In both cases, we need solutions that are not only peaceful, but that buttress the NPT's integrity. The NPT has proved an effective instrument. It is an achievement worth strengthening. And the Conference on Disarmament has a central role to play in that effort. Annan reminded the Conference that its last success, the Comprehensive Test-Ban Treaty [text; materials], was passed nine years ago and has still not been ratified by enough countries to take effect. He also urged the resumption of negotiations to end the production of fissile material, and asked for talks on heading off the weaponization of outer space. The US has refused to discuss outer-space militarization [CD press release], while Russia and China support negotiations. Read the full text of Annan's remarks. Reuters has more.


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DOJ agent killed by prison guard indicted in corruption probe
Jaime Jansen on June 21, 2006 2:05 PM ET

[JURIST] A guard at a federal detention center in Tallahassee, Florida, shot and killed a US Justice Department agent before being shot and killed himself Wednesday as FBI and Justice Department investigators arrived at the prison to arrest six men, including the guard, who were indicted Tuesday on corruption charges. The six allegedly brought contraband into the female quarters of the Tallahassee Federal Correctional Institution [official website] and sold it in exchange for sex with the female inmates or silence concerning their activities. Also shot in the exchange was an employee of the federal Bureau of Prisons. The deceased agent was with the DOJ Office of the Inspector General [official website]. The attorney for the deceased guard, Ralph Hill, said afterwards that his client had been co-operating with prosecutors [Tallahassee Democrat report] in the investigation for months and had denied allegations against him.
No inmates were involved in the shootings. The remaining five men, all arrested without further incident, could face up to 20 years in prison if convicted on charges of engaging in a conspiracy to commit acts of bribery, witness tampering, mail fraud and interstate transportation in aid of racketeering. The detention center, which houses early 1,500 inmates, is now in lockdown status. AP has more. The Tallahassee Democrat has local coverage. Watch the press conference [recorded video] from Tallahassee police officer John Newland.


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US, Japan finalize landmark legal assistance treaty
Jaime Jansen on June 21, 2006 2:00 PM ET

[JURIST] The United States and Japan have finalized a treaty that will allow law enforcement authorities from both countries to deal with each other directly to facilitate criminal investigations, rather than going through diplomats. The Mutual Legal Assistance Treaty (MLAT) [draft text, PDF], which the two countries initially signed [US DOJ press release] on August 5, 2003, will take effect July 21 and allow the US and Japan to cooperate in regular legal proceedings, including taking testimonies, obtaining evidence, locating people and providing other assistance. The treaty will facilitate the investigation into crimes such as terrorism, drug trafficking, child exploitation and obscenity, antitrust violations, environmental crimes, fraud and white collar offenses.
Though the US has signed over 50 similar treaties [US DOS backgrounder] with other countries, this is the first MLAT for Japan. The first MLAT the US entered into was with Switzerland in 1977. The US signed a MLAT with China [JURIST report] last year. Each party in the bilateral treaties designate a central authority, generally the Justice Department, to handle direct communication relating to criminal investigations and prosecution. Xinhua has more.


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Bush suggests US trials for Guantanamo detainees at US-EU summit close
Joshua Pantesco on June 21, 2006 1:20 PM ET

[JURIST] Speaking Wednesday at a news conference [transcript] after a US-EU summit meeting in Vienna [press release; White House backgrounder], President George W. Bush suggested that the White House is open to having Guantanamo Bay [JURIST news archive] detainees tried in US courts, as opposed to Guantanamo-based military commissions where a few are currently facing trial. After reaffirming his commitment to "ending Guantanamo" [JURIST report] and to releasing some detainees into the custody of their home nations, Bush said: There are some who need to be tried in U.S. courts. They're cold-blooded killers. They will murder somebody if they're let out on the street. And yet, we believe there's a -- there ought to be a way forward in a court of law, and I'm waiting for the Supreme Court of the United States to determine the proper venue in which these people can be tried. This is not the first time the White House has floated the idea of US trials for Guantanamo prisoners. In a May 4 interview [transcript] for a German television station, Bush said, "I very much would like to get [Guantanamo detainees] to a court. And we're waiting for our Supreme Court to give us a decision as to whether the people need to have a fair trial in a civilian court or in a military court." Bush echoed the possibility of trying Guantanamo detainees in US courts during a May 9 joint press conference [transcript] with Prime Minister Rasmussen of Denmark, when he said, "I believe they ought to be tried in courts here in the United States. We will file such court claims once the Supreme Court makes its decision as to whether or not -- as to the proper venue for these trials. And we're waiting on our Supreme Court to act." The US Supreme Court has been asked to determine the legality of military commission trials for foreign detainees in Hamdan v. Rumsfeld [Duke Law case backgrounder; JURIST report]. The Court's opinion is expected by the end of June.
In the joint summit declaration released after the US-EU meeting Wednesday, the US appeared to acknowledge criticism of its Guantanamo policy by promising to "ensure that measures taken to combat terrorism comply fully with our international obligations, including human rights law, refugee law and international humanitarian law. We attach great importance to our ongoing in-depth dialogue on our common fight against terrorism and our respective domestic and international legal obligations."


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Libby supporters raise over $2 million for defense
Jaime Jansen on June 21, 2006 11:13 AM ET

[JURIST] I. Lewis "Scooter" Libby [defense profile; JURIST news archive] supporters have raised more than $2 million for his legal defense in the CIA leak case [JURIST news archive] since last fall, according to Barbara Comstock, a member of Libby's defense team. Supporters of Vice President Cheney's former aide have hosted several fundraisers, including one Tuesday evening, hosted by former Cheney spokeswoman Mary Matalin [Wikipedia profile], former Energy Secretary Spencer Abraham [official profile], former Rep. Bob Livingston [Wikipedia profile] and oil industry executive and former Commerce Secretary Don Evans [official profile]. Former Sen. Fred Thompson [Wikipedia profile] hosted a similar fundraiser last month.
Libby has pleaded not guilty [JURIST report] to obstruction of justice and perjury charges [PDF indictment; JURIST report] in connection with the investigation into the leak of covert CIA operative Valerie Plame's identity to the media. Speculation that President Bush will pardon Libby [Newsday report] has increased following last week's revelation that Karl Rove [official profile], Bush's top political advisor, will not face criminal charges [JURIST report] in the three-year investigation. Political theorists speculate that the timing of a presidential pardon [JURIST backgrounder; Wikipedia backgrounder] will be governed by whether the Republicans retain control of Congress in the mid-term elections, while others believe he will wait until his last days to issue the pardon, a tactic employed by many former presidents to avert political consequences. Bush could be motivated to pardon Libby to avoid disclosures of government documents and the possibility of Cheney testifying [JURIST report] at trial. AP has more.


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Syrian writer faces military trial on insult charges as crackdown on dissent continues
Joshua Pantesco on June 21, 2006 10:21 AM ET

[JURIST] A Syrian writer and his son have been charged with insulting government employees and will be tried before a military tribunal, the Syrian National Organization for Human Rights said Tuesday, as a crackdown on dissent in Syria continues. Journalist Ali Al-Abdallah and his son Mohamed are members of the state-recognized Atassi Forum for National Dialogue, a political group critical of the current Baath administration of President Bashar al-Assad [BBC profile], and were arrested [HREA report] on May 15, 2005, around the same time that a prominent human rights lawyer was arrested [JURIST report]. Earlier this month another writer, Mohammad Ghanem, was sentenced to six months [JURIST report] for "insulting the Syrian president, discrediting the Syrian government and fomenting sectarian unrest."
On Monday, Syrian activists said that the government fired 17 workers for signing the Damascus-Beirut declaration of May 12 [text, in Arabic], signed by 500 Syrian dissidents, which calls for normalization of relations between Syria and Lebanon, a properly demarcated border, the release of political prisoners and the exchanging of ambassadors. The government in May arrested 10 signatories to the declaration [JURIST report], as well as the eight remaining members of the Atassi Forum [BBC report]. The declaration echoes appeals made in newly-adopted [BBC report] UN Security Council Resolution 1680 [summary and text] urging Syria to establish diplomatic relations with Lebanon. Ties between Lebanon and Syria [JURIST news archives] have become increasingly strained throughout the investigation into the assassination of former Lebanese Prime Minister Rafik Hariri [JURIST news archive], which has implicated Syrian security forces in Hariri's death.
In a related development, the Syrian government is working on a law that could ease the way for other political parties to challenge political dominance of the Baath party, which has been in power for 43 years. A Syrian spokesperson said the draft law will soon be published on the Internet, but cautioned that allowing more political parties to participate will not necessarily mean that the Baath party will lose its leading role in the government. Aljazeera has more.


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Rights group sues to block Georgia sex-offender law
Joe Shaulis on June 21, 2006 10:20 AM ET

[JURIST] A civil rights group has sued the state of Georgia [JURIST news archive], arguing that a new law designed to protect children from sex crimes all but forbids convicted offenders from living in urban and suburban areas. The Southern Center for Human Rights (SCHR) [advocacy website] filed a complaint [PDF] on Tuesday in the US District Court for the Northern District of Georgia [official website] in Rome, asking the court to certify the lawsuit as a class action and to issue an injunction blocking the enactment of House Bill 1059 [legislative materials], which takes effect on July 1. The statute, in part, provides that: (a) No individual required to register pursuant to Code Section 42-1-12 shall reside or loiter within 1,000 feet of any child care facility, church, school, or area where minors congregate. ... (b)(1) No individual who is required to register under Code Section 42-1-12 shall be employed by any child care facility, school, or church or by any business or entity that is located within 1,000 feet of a child care facility, a school, or a church. A violation is a felony punishable by 10 to 30 years in prison. The SCHR contends that the law violates a number of provisions in the US Constitution [text], including the Ex Post Facto, Takings and Due Process clauses, the Eighth Amendment, and the rights to freedom of association and interstate travel, as well as the Religious Land Use and Institutionalized Persons Act of 2000 [text].
The lead plaintiff is a 26-year-old criminal justice student who, at age 17, engaged in a consensual sex act with a 15-year-old, according to an SCHR press release [text]. Further, the press release says, "the sheer quantity of school bus stops throughout Georgia makes it extremely difficult to find housing that meets the requirements of HB 1059." A spokeswoman for Georgia Gov. Sonny Perdue (R) [official website], who signed the bill, said the governor would "vigorously" defend the law [Rome News-Tribune report]. AP has more.


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Cuba blasts US rights record at Human Rights Council meeting
Jaime Jansen on June 21, 2006 9:45 AM ET

[JURIST] Cuba and the United States exchanged barbs Tuesday over the US human rights record on the second day [press release] of the inaugural session [opening ceremony statements; JURIST report] of the UN Human Rights Council official website; JURIST news archive] in Geneva, Switzerland. Cuban Foreign Minister Felipe Perez Rogue accused [transcript] the US of running a "concentration camp" at the US detention center in Guantanamo Bay, Cuba, and claimed that Cuba needed to represent the rights of American people because the US does not have a seat on the 47-member Council. Velia De Pirro, a member of the US observer delegation, called Cuba's attacks on the US "gratuitous and unfounded," adding that the US delegation can adequately speak for the American people. The US chose not to seek a seat [JURIST report] in the first year of the Human Rights Council, after opposing its creation [JURIST report] as an insufficient corrective to the problematic UN Commission on Human Rights [official website]. The US has said it may run for a position next year.
The Council's first meeting is focused on establishing new operating procedures, particularly the format of a universal periodic review to evaluate the human rights records of all countries. The Council then plans to move onto passing two "vital documents" that will guarantee the rights of indigenous peoples and another that will oppose enforced disappearances. Reuters has more. Cuban news agency Prensa Latina has additional coverage, in Spanish.


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Argentina begins first Dirty War trial in 20 years
Joe Shaulis on June 21, 2006 9:18 AM ET

[JURIST] For the first time in 20 years, a former government official is on trial for crimes committed during the Dirty War [GlobalSecurity.org backgrounder] in Argentina [JURIST news archive]. The trial of Miguel Osvaldo Etchecolatz [Project Disappeared profile], former chief investigator of the Buenos Aires province police, began Tuesday in La Plata, with the defendant refusing to testify. Etchecolatz told a panel of three federal judges that the court did not have "moral authority" because the charges fell under military jurisdiction. Etchecolatz, who is charged with murder, kidnapping and torture, is the first former official to be prosecuted since the Argentine Supreme Court [official website] struck down two laws that blocked prosecutions [JURIST report] of crimes committed during the Dirty War, the military junta's campaign against its domestic opponents - at least 13,000 of whom "disappeared" from 1976 to 1983. "We are finally seeing the results of last year's historic Supreme Court decision," said Jose Miguel Vivanco of Human Rights Watch [advocacy website], which said in a statement [text] that the trial "marks the end of 20 years of impunity."
The amnesty laws, known as the Full Stop Law [text] and the Law of Due Obedience [text], were passed in the 1980s by the democratically elected government that replaced the junta and were meant to prevent rebellions among the military. Etchecolatz was convicted of illegal arrest in 1986, but his 23-year sentence was vacated by the Due Obedience Law. Human rights groups estimate that hundreds of former officials could now be prosecuted. AP has more. BBC News has additional coverage. La Nacion has local coverage, in Spanish.


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Rights group asks federal court to preserve evidence in Guantanamo Bay suicide
Joshua Pantesco on June 21, 2006 9:10 AM ET

[JURIST] In an effort to learn more about the circumstances surrounding the suicide of three Guantanamo Bay detainees [JURIST report], the Center for Constitutional Rights filed an Emergency Motion for Preservation of Evidence [PDF text; press release] in federal court late Monday on behalf of the father of detainee Salah Ali Abdullah Al-Salami. The motion asks the district court in Washington, DC to compel the government to: (1) produce to the Court official documentation of Al-Salami's death; and, (2) preserve and maintain all evidence related to his death, his detention, the reasons for his detention, any interrogations of him, his treatment and potential mistreatment, along with any and all other evidence sufficient to test the veracity of any official documentation of death produced by Respondents. The motion contends that based on the "meager" information released by the government regarding the suicides as of yet, "it is not possible to even know who died in [the government's] custody, let alone how," and that a preservation order would not be unduly burdensome on the government.
CCR represented Al-Salami in his habeas corpus petition challenging his continued detention at Guantanamo Bay [JURIST news archive]. The government's investigation into the suicides is being conducted by the Naval Criminal Investigative Service (NCIS) [official website], the federal law enforcement group that threatened to remove itself from Guantanamo Bay interrogations [JURIST report] in 2002 due to detainee abuse. CCR has been critical of detainee conditions [press release] at Guantanamo Bay, and condemned the US military [JURIST report] for a delay in notifying them and families about the suicides. AP has more.


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Nurses file class-action antitrust suits against hospitals over wages
Jaime Jansen on June 21, 2006 8:47 AM ET

[JURIST] A group of nurses filed four class-action lawsuits [press release; case materials] around the country Tuesday against multiple hospitals [summary, PDF], alleging the hospitals violated antitrust laws by conspiring to keep wages low for nurses despite a national shortage of nurses. The four lawsuits - filed in Chicago, Illinois [PDF complaint; Chicago Tribune report]; Memphis, Tennessee [PDF complaint; Tennessean report]; San Antonio, Texas [PDF complaint; Express-News report]; and Albany, New York [PDF complaint; Times Union report] - seek back compensation and legal costs of "hundreds of millions" of dollars, charging that various hospital systems discussed nurses' wages regularly in an effort to systematically depress wages. The Service Employee International Union [union website] worked with the plaintiffs in investigating the alleged conspiracy and Daniel Small, the Washington, DC, area lawyer that filed all four lawsuits in federal courts Tuesday, said that dozens of former and current hospital employees provided information for the lawsuits against 20 different hospital systems throughout the four cities.
Though a spokesman for the Nashville-based HCA [corporate website], the largest hospital chain in the country, said the lawsuits are frivolous, nurses' wages defied long standing market theories by stagnating in 2003 and falling in 2004 in the midst of a nationwide nurse shortage, according to a report [PDF text] from the Institute for Women's Policy Research [advocacy website]. Experts disagree on a resolution for the nursing shortage, saying that low wages deter people from entering the field, while others believe the heavy workload mixed with lack of respect for the profession deter people from entering. Reuters has more.


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Saddam defense lawyer killed after abduction
Jaime Jansen on June 21, 2006 8:01 AM ET

[JURIST] A defense lawyer in the Saddam Hussein trial [JURIST news archive] was abducted and killed Wednesday, just two days after the prosecution presented their closing arguments in the trial, calling for the death penalty [JURIST report] for Hussein and four of his co-defendants. Khamis al-Obeidi, a lawyer for both Hussein and his half-brother Barzan al-Tikriti, had chosen to continue living in Baghdad throughout the trial, despite the murder of two other defense lawyers [JURIST report] last year. Khalil al-Dulaimi, the leader of Hussein's defense team, blamed Shiite death squads that allegedly infiltrated the Interior Ministry to carry out the murder. Several men dressed in police uniforms abducted al-Obeidi early Wednesday morning, and police found his body later in the day.
Last fall Adel al-Zubeidi, a lawyer representing former Vice President Taha Yassin Ramadan, was killed in an ambush, and ten masked gunmen killed Saadoun Sughaiyer al-Janabi [JURIST reports]. The defense team will conclude the trial with their closing arguments, scheduled to begin on July 10. After the killings last year, the defense team asked for increased protection, however and threatened to boycott the trial [JURIST report] if added security is not provided. AP has more.


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