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Legal news from Wednesday, May 2, 2007 |
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Oregon Senate approves domestic partnership law
Mike Rosen-Molina on May 2, 2007 7:34 PM ET

[JURIST] The Oregon Senate [official website] passed a bill [HB 2007 text] Wednesday allowing same-sex couples to enter into contractual domestic partnerships with the same state benefits as married couples. The measure covers state benefits including inheritance, child custody, and hospital visitation rights, but does not affect federal benefits for married couples. The bill passed the state House [JURIST report] last month and now goes to Gov. Ted Kulongoski [official website], who has said [press release] he will sign it. Kulongoski has also said he will sign a second piece of legislation [SB 2 text] protecting individuals against discrimination based on sexual orientation. That bill would ban discrimination in employment, housing, and public accommodations, and create a civil cause of action for violations of the act. AP has more.
Currently, Vermont, Connecticut, California, New Jersey, Maine and Washington are the only states that recognize civil unions or domestic partnerships. The Washington State Senate passed a domestic partnership bill [JURIST report] in March. Late last month, the New Hampshire Senate voted [JURIST report] in favor of a bill already passed by the state House allowing same-sex civil unions. Also in late April, New York Governor Eliot Spitzer introduced a bill to legalize gay marriage [JURIST report] in New York.


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China outlaws human organ trade
Mike Rosen-Molina on May 2, 2007 4:52 PM ET

[JURIST] China has officially banned the sale of human organs effective Wednesday following an April 6 decision [JURIST report] by the State Council [official website], according to reports by Chinese state media. Any doctors caught trafficking in organs will have their licenses revoked, any hospitals caught will be suspended from performing organ transplants for at least three years, and any government officials caught will be dismissed. Traffickers will also be subject to steep fines. The new rules still allow transplants of non-organ human tissue such as cells, corneas or marrow.
International human rights groups allege that China routinely harvests organs [JURIST report] from executed criminals and accident victims without the consent of the donors' families, a charge that China has long denied. In March, an anonymous senior Chinese Supreme Court [official website] official told [JURIST report] the state Xinhua News Agency that China uses the same strict organ donation procedures when accepting organs from executed criminals as it does with any other organ donations, but doubt exists as to how the requirement for informed consent [JURIST report] is enforced. In March 2006, the Chinese Ministry of Health [official website, in Chinese] issued a general ban on the sale of human organs [JURIST report] that took effect on July 1, 2006. The Ministry also issued new regulations [JURIST report] in August 2006 to counter unauthorized international trade in organs, including rules that would restrict the number of hospitals permitted to perform transplants. AFP has more.


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French judges attempt search of presidential palace in Djibouti murder probe
Brett Murphy on May 2, 2007 11:16 AM ET

[JURIST] Two French judges accompanied by police officers on Wednesday attempted to search France's presidential palace as part of an investigation into the 1995 death of French judge Bernard Borrel [advocacy website, in French] in Djibouti. The search was targeted at the African affairs department, however, the judges were not granted access to the building. A presidential spokesperson said that the magistrates were refused entry because the French constitution ensures immunity for the head of state.
In February, a French magistrate judge issued a second summons [JURIST report] to Djibouti President Ismail Omar Guelleh [IRIN backgrounder] requesting testimony in the investigation. Djibouti officials maintain that the death of Borrel, who advised the Djibouti justice ministry until he was found dead in a ravine, was a suicide, though French investigators suspect he was murdered. Borrel's death has increased tensions between France and Djibouti, a former French colony. In February, Djibouti asked the International Court of Justice to arbitrate a dispute between the two countries [JURIST report] regarding France's investigation of the alleged 1995 murder. Djibouti maintains that France has no right to summon Djibouti officials because of diplomatic immunity. Reuters has more. BBC News has additional coverage.


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Supreme Court refuses to bar Guantanamo detainee transfer to Libya
Jeannie Shawl on May 2, 2007 10:35 AM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] refused Tuesday to prevent the US military from transferring Guantanamo Bay [JURIST news archive] detainee Abu Abdul Rauf Zalita to his home country of Libya, rejecting Zalita's arguments that he faced a "grave risk of arbitrary detention, torture, persecution and extrajudicial assassination" after being returned to Libya. In a one-sentence order [PDF text], the Court rejected Zalita's application for an injunction, which was opposed [PDF text; addendum, PDF] by the Bush administration. Solicitor General Paul Clement argued that the Military Commissions Act [PDF text; JURIST news archive] bars US courts from considering Zalita's claims.
Zalita was determined to be an "enemy combatant" in 2005 by a Guantanamo Combatant Status Review Tribunal [DOD materials]. According to Clement's Supreme Court filing, "The unclassified summary of the evidence presented to the CSRT explains that [Zalita] was a member of a known terrorist organization, received weapons training by that group, traveled to Tora Bora, Afghanistan, in December 2001, and then fled to Pakistan, where he was captured." AP has more. SCOTUSblog has additional coverage.


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State eavesdropping up, federal domestic wiretaps technically down in 2006: report
Bernard Hibbitts on May 2, 2007 10:24 AM ET

[JURIST] The number of domestic wiretap applications granted by US state judges rose 20 percent in 2006 to 1,378, while federal judges granted only 461 applications, a drop of 26 percent, according to a new report filed [press release] by the Administrative Office of the US Courts [official website]. The figures released Monday in the 2006 Wiretap Report [PDF, text] did not include national security wiretaps supposed to be cleared through the Foreign Intelligence Surveillance Court, which were the subject of a separate report [PDF text; JURIST report] sent by the US Department of Justice to US House Speaker Nancy Pelosi under the terms of the Patriot Act.
The reported drop in federal domestic wiretap authorizations was actually something of a statistical anomaly, with the Department of Justice telling the Administrative Office that the apparent decrease in the reported use of wiretaps in federal investigations does not reflect a large number of complex and/or sensitive investigations that continued into 2007 "and thus could not be reported to the Department of Justice by the deadlines, as well as some federal investigations that were under court seal." It is DOJ's belief that had these matters been included, the data "would not reflect any perceptible decrease in the use of court-approved electronic surveillance by federal law enforcement agencies." Most of the state wiretaps were sought in four states: 430 California (430); New York (377); New Jersey (189), and Florida (98). The general dominance of state over federal wiretaps is thought to be largely a function of increased state responsibility for drug-related investigations as federal agencies have been drawn into more national security and anti-terrorism efforts. AP has more.


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ICC issues Darfur arrest warrants for Sudan ex-interior minister, militia leader
Jeannie Shawl on May 2, 2007 9:03 AM ET

[JURIST] The International Criminal Court [official website] has issued arrest warrants [press release; ICC Q&A] for two top suspects accused of committing war crimes in the Darfur region of Sudan, according to an announcement from the court Wednesday. Ahmad Muhammad Harun [arrest warrant, PDF], former Sudanese interior minister and current humanitarian affairs minister, faces 20 counts of crimes against humanity, including murder, rape and torture, and 22 counts of war crimes, including attacks against the civilian population, destruction of property and pillaging. Former militia leader Ali Muhammad Al Abd-Al-Rahman [arrest warrant, PDF], also known as Ali Kushayb, faces 22 counts of crimes against humanity, including deportation and torture, and 28 counts of war crimes, including intentionally directing an attack against a civilian population, pillaging, and rape.
ICC Chief Prosecutor Luis Moreno-Ocampo [official profile] initially asked the ICC to issue summonses [JURIST report] for Harun and Kushayb in February. In its decision [PDF text] last week, the ICC concluded that there were "reasonable grounds to believe that Ahmad Harun, by virtue of his position, had knowledge of the crimes committed against the civilian population and of the methods used by the Militia/Janjaweed; and that in his public speeches Ahmad Harun not only demonstrated that he knew that the Militia/Janjaweed were attacking civilians and pillaging towns and villages, but also personally encouraging the commission of such illegal acts" and that Ali Kushayb personally planned attacks against civilians and intentionally contributed to the commission of crimes carried about by militia members under his command. The ICC concluded that there were reasonable grounds to believe that the two suspects would not voluntarily present themselves to the ICC and therefore issued arrest warrants rather than summonses. Moreno-Ocampo said Wednesday that the pre-trial chamber's decision "confirmed the strength" of the prosecution's evidence [press release], which was gathered "under very difficult circumstances." He also stressed that the ICC arrest warrants mean that "the Government of the Sudan has a legal duty to arrest Ahmad Harun and Ali Kushayb."
Ali Kushayb had been scheduled to face trial [JURIST report] in Sudan in March on charges of kidnapping, sequestration, arson and murder against civilians, but the trial was delayed [JURIST report] after he filed an appeal in the case. Sudan has repeatedly rejected the ICC's jurisdiction [JURIST report] over the Darfur situation [ICC fact sheet; ICC case materials], and if Sudan tries Kushayb on the same charges he faces at the ICC, the ICC may lose jurisdiction over the case. Moreno-Ocampo has previously said that the Sudanese investigation against Kushayb does not overlap with the ICC's case [press briefing transcript]. Kushayb has rejected the ICC's accusations [JURIST report]. AP has more.


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FISC approved record number of surveillance, search warrants in 2006: DOJ
Mike Rosen-Molina on May 2, 2007 8:38 AM ET

[JURIST] A secret court approved a record number of US government requests to search or eavesdrop on suspected terrorists or other persons for "foreign intelligence" purposes in 2006, endorsing all but one warrant, according to statistics [DOJ letter, PDF] made public by the US Department of Justice Tuesday. According to a three-page letter to House leaders filed under the annual reporting requirements of the Patriot Act [text], the Foreign Intelligence Surveillance Court (FISC) [FJC backgrounder; membership list] okayed a total of 2,176 warrants, more than twice the number it approved in 2000, before the Sept.11, 2001 terrorist attacks. In 2005, FISC approved 2,072 applications [DOJ letter] for authority to conduct electronic surveillance and physical searches.
Acting Assistant Attorney General Richard Hartling said the Department could not yet say how many times the FBI secretly sought telephone, Internet and banking records about US citizens and residents without going to the FISC for approval, because it was still investigating the FBI's use of controversial national security letters [ACLU backgrounder]. In 2005, the FBI issued national security letters on 3,501 US citizens and legal residents. In April, the Bush administration officially proposed amendments [JURIST report] to the 1978 Foreign Intelligence Surveillance Act (FISA) [text; JURIST news archive] that would subject more people to electronic surveillance within the United States. AP has more.


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