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Legal news from Saturday, March 17, 2007 |
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Second UN rights expert calls on Iraq not to execute Saddam VP after faulty trial
Natalie Hrubos on March 17, 2007 3:35 PM ET

[JURIST] UN Special Rapporteur on the independence of judges and lawyers [official website] Leandro Despouy [JURIST news archive] has urged the Iraqi government not to execute Saddam-era Vice President Taha Yassin Ramadan [Trial Watch profile; JURIST news archive] because of "grave shortcomings" in his legal process. Despouy is the second UN special rapporteur to make such a request. Last month, Phillip Alston [official profile], UN Special Rapporteur on extrajudicial, summary or arbitrary executions, said judicial misconduct, official statements declaring Ramadan guilty before his sentence, and the admission of evidence without allowing Ramadan to rebut, combined with other procedural irregularities, rendered Ramadan's death sentence illegitimate.
The appeals chamber of the Iraqi High Tribunal (IHT) [official website] on Thursday upheld the death penalty for Ramadan rejecting his appeal [JURIST report] of the sentence handed down in the Saddam Hussein Dujail crimes against humanity trial. Ramadan was convicted [JURIST report] by the IHT alongside Saddam Hussein in November and originally sentenced to life in prison. The IHT Appeals Chamber later deemed the sentence too lenient and ordered the death penalty for Ramadan. IHT Judge Mounir Haddad said Thursday that a nine-judge panel had decided unanimously to uphold Ramadan's death sentence. Ramadan's lawyers have appealed to Iraqi President Jalal Talabani to commute his sentence, and have called on the US general commanding the Multi-National Force in Iraq not to hand him over to the Iraqis for execution. PTI has more.


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US judiciary approves pilot program to release court recordings online
Natalie Hrubos on March 17, 2007 2:52 PM ET

[JURIST] The federal judiciary has approved a pilot program that will allow the public to download free audio recordings of court proceedings over the internet. US District Judge Thomas F. Hogan [profile], executive committee chairman of the policy-making Judicial Conference of the United States [official website], said he views the program as an attempt to make court proceedings more transparent. Court participation in the program, which is set to begin in the next few months, is voluntary. AP has more.
Hogan said the pilot program is not a move toward allowing cameras in courtrooms, which has been a controversial issue. Sen. Arlen Specter (R-PA) [official website] re-introduced a bill [JURIST report] in January of this year that would allow US Supreme Court proceedings to be televised, "unless the Court decides, by a vote of the majority of justices, that allowing such coverage in a particular case would constitute a violation of the due process rights of one or more of the parties before the Court." Several Supreme Court justices have spoken out against televising [JURIST report] Supreme Court hearings, telling lawmakers that allowing cameras in the courtroom would alter the nature of the proceedings. Several federal appeals courts like the Ninth and Seventh Circuits already provide audio recordings [Ninth Circuit audio files] of their oral arguments on their websites.


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Court-martial finds 101st Airborne sergeant guilty in Iraqi detainee deaths
Michael Sung on March 17, 2007 10:00 AM ET

[JURIST] A US military court-martial found 101st Airborne Staff Sgt. Raymond Girouard guilty of three counts of negligent homicide [Article 32 hearing transcript, DOC] Friday, but not guilty of premeditated murder for the deaths of three Iraqi detainees [JURIST news archive] held after a May 2006 raid in Thar Thar, a town near Samarra in the northern Salahuddin province of Iraq. Girouard was also found guilty of one count of obstruction of justice for lying to investigators, one count of conspiracy for trying to conceal the crime, and one count of failure to obey a general order. Girouard is the last and most senior soldier to face court-martial for the killings [JURIST report] and faces a maximum sentence of 21 years in prison when his sentencing proceedings resume Monday.
Several former subordinates of Girouard testified against him. Spc. William B. Hunsaker, Pfc. Corey R. Clagett, and Spc. Justin Graber, charged [JURIST report] last June with premeditated murder relating to the three killings, testified that Girouard instructed them to cut the detainees loose and to shoot them as they ran. Girouard later attempted to cover up the killing [JURIST report], cutting Hunsaker and punching Clagett in the face to fake the appearance that they were attacked by the three detainees. All defendants but Girouard pleaded guilty to all charges. Hunsaker received an 18-year sentence as did Clagett [JURIST reports]. Graber received a nine-month sentence for aggravated assault with a deadly weapon [JURIST report]. A US Army investigator previously recommended the death penalty [JURIST report] for all four soldiers. AP has more.


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