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Legal news from Sunday, January 28, 2007 |
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Italy law may thwart EU Holocaust denial initiative
Caitlin Price on January 28, 2007 3:44 PM ET

[JURIST] An Italian draft law [notes, in Italian] published Friday proposing prison sentences for race-based hate crimes but not making Holocaust denial [JURIST news archive] an explicit crime in itself may complicate a German-initiated move to criminalize such Holocaust denial throughout the European Union. The Italian law, written by Justice Minister Clemente Mastella [official profile], would punish inciting racial hatred with up to four years in jail but does not include Mastella's original proposals [JURIST report] to criminalize Holocaust denial. Earlier this month Germany announced its intent to pursue an EU-wide initiative [JURIST report] banning such denials, which has previously been blocked due to freedom of expression concerns, as part of its platform [PDF text, in German] for the 2007 EU presidency [official website]. The Italian law, which now must be approved by the country's parliament [official website], would be a setback to the German effort, which was already expected to face strong opposition in Britain and other nations. Italy has blocked similar efforts in the past. Reuters has more.
Last week EU Freedom, Security and Justice Commissioner Franco Frattini [official website] urged the 27 EU nations to adopt the German proposals [JURIST report]. Several EU countries have taken steps to criminalize Holocaust denial at the national level: it is currently illegal to deny the Holocaust in Austria, Belgium, France, Germany and Spain. On Friday the UN General Assembly approved a resolution [press release] condemning denial of the Holocaust. AFP has more.


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Congress urged to ban government agencies from racial profiling
Melissa Bancroft on January 28, 2007 3:24 PM ET

[JURIST] Civil rights groups have been pushing Democratic lawmakers to reconsider a bill banning racial profiling by any government entity since an airline's decision to remove a group of imams from a flight [Detroit News report] in November. Rep. John Conyers [official website] (D-MI), chairman of the US House Judiciary Committee, and Senator Russ Feingold [official website] (D-WI), who first championed the bill in the last Congress, are the primary advocates [press release] of the proposal. Although no bill has yet to be introduced, Feingold has made it clear that he intends to pursue the legislation in this year's Congressional session.
The original bill [S.2132 text] proposed banning federal, state and local law enforcement officials from "relying to any degree on race, ethnicity, national origin, or religion" in any government based investigation unless information exists linking a person of a particular race, ethnicity, national origin or religion to a specific incident or plot. Security-oriented groups, such as 9/11 Families for a Secure America [official website], have also begun mobilization against such a bill. AP has more.


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US Army probing multiple contract frauds in Iraq, Afghanistan, Kuwait operations
Natalie Hrubos on January 28, 2007 10:16 AM ET

[JURIST] The US Army confirmed Saturday to AP that it has up to 50 criminal investigations underway into alleged frauds involving private contractors running operations in Iraq, Afghanistan and Kuwait. The Pentagon [official website] currently outsources many military tasks from laundry to weapons system repair work, but the military's inability to monitor most contractors has cost the US government millions of dollars. One case involves an Army chief warrant officer who allegedly took a $50,000 bribe to steer a contract for paper products and plastic flatware to a Kuwaiti company.
In August 2006, a US federal judge set aside a $10 million verdict [JURIST reports] against private military contractor Custer Battles [corporate website], ruling that the former Coalition Provisional Authority (CPA) [official website] in Iraq could not be considered a US government entity. Custer Battles was sued for defrauding the US government under the False Claims Act [text] and a federal jury found the company guilty of 37 fraudulent acts against the CPA, including establishing shell companies, forging invoices, inflating charges, and stealing equipment in an attempt to loot millions of dollars. Earlier this month, Senate Democrats unveiled legislation that would make it easier to prosecute [CongressDaily report] war profiteers. AP has more.


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Federal judge orders overcrowded Philadelphia jails returned to court oversight
Natalie Hrubos on January 28, 2007 9:56 AM ET

[JURIST] A federal judge held late last week that overcrowded Philadelphia jails violate inmates' constitutional rights and therefore require court monitoring. The ruling from US District Judge R. Barclay Surrick came in response to a lawsuit filed last year by University of Pennsylvania law professor David Rudovsky [faculty profile] on behalf of 11 inmates. In his opinion, Judge Surrick wrote: The conditions include the failure to provide beds and bedding, the failure to provide material for personal hygiene including soap, warm water, toothpaste, toothbrushes and shower facilities, unsanitary and unavailable toilet facilities, the failure to provide for the medical needs of detainees... A similar lawsuit filed by Rudovsky 35 years ago resulted in court oversight of Philadelphia jails from 1971 to 2001. AP has more. The Philadelphia Inquirer has additional coverage.
Philadelphia city jails are not the only prisons in the United States that have faced judicial criticism lately. In December 2006, US District Judge Lawrence Karlton gave the state of California six months to remedy overcrowding [JURIST report] in the state's prison system, which is 70 percent overcapacity with 173,000 total inmates. Karlton warned that if acceptable remedies were not reached in six months, a judicial panel could order California to release prisoners before their sentences are completed. Also in December, a federal judge in Michigan ruled that the Michigan Department of Corrections was in contempt of court for failing to conform with medical care requirements [JURIST report] for prisoners mandated by that court in a prior ruling.


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