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Legal news from Thursday, September 14, 2006 |
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Missouri judge rules voter ID law unconstitutional
Natalie Hrubos on September 14, 2006 8:56 PM ET

[JURIST] A Missouri judge ruled Thursday that a state law [SB 1014 text, PDF; summary] requiring voters to show a Missouri-issued photo identification at the polls [Missouri Dept. of Revenue backgrounder] violates the state constitution [text] because it is "an impermissible additional qualification to vote." Those who support the law say it would prevent voter fraud; opponents [JURIST report] say it would place an unnecessary burden on voters, effectively keeping them from the polls [JURIST report] by requiring them to prove they are in the country legally by showing a birth certificate or a passport. Although the ID cards [JURIST news archive] themselves are free, voters would have to pay for the documents required to obtain the cards.
Ruling on two consolidated challenges to the legislation, Cole County Circuit Judge Richard Callahan wrote that the law would impose a great and perhaps even insurmountable burden on the elderly, the poor, the under-educated, or the otherwise disadvantaged who were least able to bear the costs and the bureaucratic burden of obtaining the IDs. Callahan also indicated that the law could present a special obstacle for married women who have changed their last names, as well as for Missouri residents born in other states. Similar voter ID bills have recently been blocked in Georgia and Pennsylvania [JURIST reports], while a state court in June upheld Arizona's voter ID requirement [JURIST report]. AP has more. The St. Louis Post-Dispatch has local coverage.


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India court hands down fifth guilty verdict in 1993 Mumbai bombing trial
Jaime Jansen on September 14, 2006 11:12 AM ET

[JURIST] An Indian court in Mumbai convicted a fifth man Thursday in connection with the 1993 Mumbai bombings [BBC backgrounder], a series of attacks which killed 257 people and injured over 700 others in India's financial center. The court found that Mohammed Ghanser planted explosives near the Zaveri Bazaar market which caused a blast that killed 17 people, opening Ghanser up to the possibility of capital punishment. Ghanser is the eighth defendant for which the court has reached a verdict out of 123 defendants charged in connection with the bombings, in a trial that has lasted over a decade. The court on Tuesday convicted four men [JURIST report], all members of the Memon family, of conspiracy and aiding a terrorist act, while also finding three other members of the Memon family not guilty.
The court will likely take several weeks to announce the verdicts of all the defendants, and will wait to sentence those found guilty until after all of the verdicts have been announced. Eleven defendants have died since proceedings began, and 36 suspects, including suspected mastermind Dawood Ibrahim [BBC profile], remain at large. BBC News has more.


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Mexico to destroy presidential ballots after disputed election
Jaime Jansen on September 14, 2006 10:56 AM ET

[JURIST] The paper ballots from Mexico's disputed July 2 presidential election [JURIST news archive] will be destroyed under the order of the Federal Electoral Tribunal [official website, in Spanish], despite objections from President-elect Felipe Calderon [campaign website, in Spanish; BBC profile] who wanted the ballots preserved in an effort to strengthen public confidence in his controversial victory. In a letter to Calderon, the electoral court said it made the decision according to existing law, which mandates that election ballots be destroyed once a candidate has been declared victorious. Though the electoral court declared Calderon the winner [JURIST report] last week, opposition candidate Andres Manuel Lopez Obrador [campaign website, in Spanish; BBC profile] has refused to recognize [JURIST report] Calderon's victory. Lopez Obrador has also said he plans to establish a parallel government [press release, in Spanish] representing what he called a "true, authentic republic."
Lopez Obrador argued before the court that preliminary results [JURIST report] giving Calderon a victory by just 0.6 percent of the vote were marred by fraud [JURIST report], but the court rejected most of Lopez Obrador's challenges [JURIST report] on the grounds that there was no evidence of systematic fraud. BBC News has more.


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Pakistan delays Sharia law changes after rape jurisdiction deal fails
Holly Manges Jones on September 14, 2006 10:40 AM ET

[JURIST] The government of Pakistan [JURIST news archive] has delayed introducing legislation that would change Islamic rape and adultery laws after a deal with Islamist parties over a watered-down version of the 2006 Protection of Women Bill [BBC report] fell through, according to Pakistani officials Thursday. Earlier this month, members of an Islamist alliance threatened to quit the Pakistan parliament [official website] over the original version of the 2006 Protection of Women Bill [BBC report], which would have revised the so-called Hudood Ordinances [Pakistan Government backgrounder] by removing rape from religious rule and moving it to the penal code. Under the anticipated compromise with the Islamist Muttahida Majlis-e-Amal (MMA) [GlobalSecurity backgrounder] opposition group, however, rape would come under the jurisdiction of both legal regimes.
Members of the Muttahida Qaumi Movement (MQM) [party website], allied with the ruling Pakistan Muslim League [party website], have expressed outrage at the government's decision, criticizing conservatives for wanting the country to remain in "medieval times." Human rights and women's groups are highly critical of the current Islamic law on rape, which mandates a rape victim to face prosecution for adultery if she cannot give the names of four male witnesses to the alleged crime and allows a woman to be sentenced to death if she commits adultery. The Pakistani government says it wants additional time to reach a consensus between the opposing parties before the bill is formally introduced into Parliament. Reuters has more; AKI/DAWN has additional coverage.


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US House passes government contracts database bill to address ethics concerns
Holly Manges Jones on September 14, 2006 10:28 AM ET

[JURIST] The US House of Representatives [official website] Wednesday passed the Federal Funding Accountability and Transparency Act of 2006 [S 2590 summary], legislation that provides for the creation of a website to allow the public access to information regarding companies which receive government contracts and grants. The new measure, which was approved by a voice vote, calls for the Internet site to be operational by 2008. The ethics legislation comes after several contract abuse scandals involving Republicans, including one involving former US Rep. Randy "Duke" Cunningham [Wikipedia backgrounder], who pleaded guilty [JURIST report] to receiving $2.4 million in bribes related to US Defense Department [official website] contracts, and Jack Abramoff [JURIST news archive], who pleaded guilty [JURIST report] to fraud charges in connection to his lobbying efforts with Republican leaders.
House Republicans are also attempting to pass another bill this week which would require the sponsors of federally funded local projects to be listed publicly. The practice, called "earmarking" or "pork barrel" spending [Wikipedia backgrounder], has been criticized as being secretive by members of both parties who commonly use it to bring funds home to their constituencies. The US Senate [official website] approved a similar Internet database measure last week, but has not considered any reforms to earmarking. Reuters has more.
6:50 PM ET - The House has now passed the earmarking measure, H Res. 1000 [summary], by a 245-171 vote [roll call]. AP has more.


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Court-martial urged for US Marine accused in Hamdania killing: lawyer
Katerina Ossenova on September 14, 2006 10:22 AM ET

[JURIST] The investigating officer presiding over preliminary hearings for a US Marine accused of kidnapping and murdering an unarmed Iraqi civilian [JURIST report] has recommended that the Marine face court-martial on murder charges, the Marine's lawyer said Wednesday. US Marine Corps [official website] Pfc. John Jodka III is accused of firing the deadly shots in the April 26 death of Hashim Ibrahim Awad [Wikipedia profile], in Hamdania. A commanding general will make the final decision whether to proceed with the court-martial.
Members of the 3rd Battalion, 5th Marine Regiment [official website] allegedly dragged Awad 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. Seven Marines and one Navy corpsman were charged [JURIST report] in June, and in late August, prosecutors announced they would not seek the death penalty [JURIST report] for Jodka. In a connected case, prosecutors said Tuesday that they will not seek the death penalty [JURIST report] against co-defendant Lance Cpl. Jerry E. Shumate Jr. [legal defense fund blog], who is accused of firing at Awad and providing false official statements to investigators. AP has more.


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Iraqi judge says Saddam 'not dictator' as genocide trial continues
Katerina Ossenova on September 14, 2006 9:53 AM ET

[JURIST] Abdullah al-Amiri, the Shiite judge presiding over the second Saddam Hussein trial [JURIST news archive], said in court Thursday that he did not believe Hussein should be called a dictator, just one day after the prosecution requested that al-Amiri remove himself [JURIST report] from the case for reasons of bias. In an exchange with Hussein during the questioning of a Kurdish witness who claimed his family disappeared in the so-called "Anfal" campaign [HRW backgrounder], al-Amiri told Hussein "You were not a dictator. People around you made you (look like) a dictator." Al-Amiri rejected the chief prosecutor's Wednesday request that al-Amiri be removed for allowing defense lawyers to make politically-charged statements in court, saying that he had a long tenure as a judge.
Al-Amiri was named trial judge [JURIST report] in August of the second Hussein trial [BBC timeline], this one involving the "Anfal" operation that killed 180,000 Kurds in northern Iraq in the 1980s. Hussein and his co-defendants are all charged with crimes against humanity [JURIST report] and Hussein and his cousin Ali Hassan al-Majid [BBC profile], known as "Chemical Ali," also face more serious charges of genocide. Hussein also is currently awaiting a verdict in the Dujail crimes against humanity case [JURIST report] for which he is eligible for the death penalty [JURIST report]. AP has more.


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Rights group decries treatment of asylum seekers in Libya, Italy
Katerina Ossenova on September 14, 2006 9:10 AM ET

[JURIST] Migrants, asylum seekers and refugees face deportation and human rights abuses in Libya, Human Rights Watch (HRW) [advocacy website] said in a new report [text; press release] released Wednesday. The monitoring group found that Libya has repatriated 145,000 foreigners between 2003 and 2005, despite the possibility that they will face persecution or torture in their home countries. Migrants, mostly from sub-Saharan Africa, flee to Libya in order to escape from persecution or war only to face abuse "in detention, including beatings, overcrowding, substandard conditions, lack of access to a lawyer, and limited information about pending deportations." Due to the over one million foreigners who are in Libya without proper documentation, officials claim the arrests are necessary for public order. To date, Libya has refused to introduce an asylum law or procedure.
HRW said that many of these foreigners make their way to Italy but the nation, along with the European Union [official website], has cooperated with Libya [JURIST news archive] without consideration of the "rights of migrants or the need to protect refugees and others at risk of abuse on return to their home countries." Italy [JURIST news archive] expelled more than 2,800 foreigners in 2004 and 2005 back to Libya, without offering them the opportunity to file asylum claims. HRW did note that the new Italian government has vowed to not expel individuals to countries that have not signed the Refugee Convention [UNHCR materials], which includes Libya. BBC News has more.


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