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Legal news from Friday, June 15, 2007 |
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Russia may halt CFE treaty participation following talks failure
Gabriel Haboubi on June 15, 2007 4:38 PM ET

[JURIST] The Russian delegation to the Extraordinary Conference of the States Parties to the CFE Treaty [official website] in Vienna expressed displeasure at the close of talks Friday and repeated calls for the North Atlantic Treaty Organization (NATO) [official website] to ratify the 1999 revision [text] of the Conventional Forces in Europe (CFE) treaty, insisting that the original 1990 CFE treaty [text] is outdated. Russia called for the four-day talks, but without being able to reach an agreement, its delegation chief said that Russia could simply halt its participation in the accord. NATO, calling the CFE treaty a "cornerstone of security and stability in Europe", expressed regret that an agreement was not reached [press release], and urged Russia to continue engaging in discussions. The chairman of the Organization for Security and Co-operation in Europe (OSCE) [official website], who hosted the conference, called on parties to resolve their differences [press release], and reminded them that such treaties help establish a climate of security and mutual trust.
Last week Russia Foreign Minister Sergey Lavrov said that the country would not raise the issue of withdrawing [JURIST report] from the treaty at the Vienna conference. Many NATO countries are against ratifying the 1999 treaty because of Russia's continued basing of troops in Moldova and Georgia, which Russia claims is an unrelated issue. AP has more. BBC News has additional coverage.


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Poland PM optimistic about EU constitution voting compromise
Gabriel Haboubi on June 15, 2007 3:46 PM ET

[JURIST] Following a Friday meeting [press release, in Polish] with French President Nicolas Sarkozy, Polish Prime Minister Jaroslaw Kaczynski [official websites] told the Polish daily newspaper Dziennik [media website] he was optimistic that a compromise on a controversial voting system for the European constitution [JURIST news archive] could be reached, although he later said it was too early to give details. His brother, Polish President Lech Kaczynski [official website], will meet with German Chancellor Angela Merkel [official website] this weekend, but Polish officials have said there would be no chance of a breakthrough this soon. Many EU states are hoping that progress can be made towards resolving the impasse in EU constitution negotiations at a summit in Brussels next Thursday, but yesterday Merkel expressed doubts [JURIST report] about what could actually be accomplished at the meeting. On Wednesday, Prime Minister Kaczynski indicated that unless negotiations on the voting system were left open, they would not agree [JURIST report] to any proposed treaty.
Poland has rejected the "double majority voting system" found in the 2004 draft constitution [text], which is supported by 25 member states, because that system diminishes Poland voting power compared to the 2000 Treaty of Nice [text]. Despite Poland's concerns, a recent German report noting key stumbling blocks on EU constitutional reforms made no mention [Reuters report] of the voting system. Reuters has more.


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US Muslim rights complaints up 25 percent in 2006: CAIR
Gabriel Haboubi on June 15, 2007 2:00 PM ET

[JURIST] Rights complaints by Muslims in the US rose 25 percent in 2006, according to an annual report on civil rights [PDF text; press release] released Thursday by the Council on American-Islamic Relations (CAIR) [advocacy website]. The group attributed the jump to a rise in anti-Muslim bias, particularly seen in cases involving delays in immigration proceedings. The majority of reported complaints came against government agencies such as the Department of Homeland Security (DHS) and the Department of Justice [official websites]. The 890 complaints filed against federal agencies in 2006 more than doubled the 2005 value of 380 complaints. Hate crime complaints rose by over 9 percent between 2005 and 2006, but declined as a percentage of all complaints. Such filings involved physical attacks against individuals and mosques because of religious preference. Incidents of anti-Muslim bias rose 2005 [JURIST report] as well, according to CAIR.
The study offered several recommendations to reduce instances of reported discrimination, including increasing outreach and education efforts by Muslims, and seeking government assistance in tackling the rising levels of Islamophobia in the US. The group also urged that the process of obtaining citizenship be expedited, citing the recent resolution of a five year delay [CAIR press release] of a Chicago Muslim in obtaining citizenship. The applicant passed the citizenship exam in 2002, and took part in repeated interviews, however his application was delayed for several years due to a pending DHS background check. CAIR is currently involved in a class action lawsuit against DHS, seeking the establishment of a limit on the amount of time such background checks can take. Reuters has more.


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SEC files suit against lawyers in penny stock scheme
Gabriel Haboubi on June 15, 2007 1:14 PM ET

[JURIST] The US Securities and Exchange Commission (SEC) [official website; JURIST news archive] said Thursday that it has filed suit [SEC complaint, PDF; press release] against the heads of a technology company and two lawyers who assisted the company in an illegal "pump and dump" penny stock scheme. Arizona lawyer David Stocker and Texas lawyer Phillip Offill Jr, the latter a former SEC enforcement officer, are alleged to have assisted Michigan-based AVL Global [press release archive] in issuing millions of shares of stock, promoting the company without disclosing the fact that it was was all but defunct. Most of the stock was purchased by Peter Fisher, father of AVL president N. Tyler Fisher, who sold it to the market, costing investors at least $160,000.
The allegations filed in the Eastern District of Michigan [official website] claim the participants in the scheme violated numerous laws, including federal security and antifraud provisions. The SEC seeks injunctive relief, reclamation of the illegally obtained funds, and punitive damages. N. Tyler Fisher settled the civil case against him, paying a $25,000 penalty and agreeing to refrain from overseeing public companies or participating in penny stock offerings for the next five years. The suit against Stocker and Offill marks the first time where the SEC is seeking damages from those who execute the legal logistics of such schemes without actually selling stock. The New York Times has more.


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Japan courts reject 'war orphans' compensation claims
Michael Sung on June 15, 2007 12:33 PM ET

[JURIST] Japanese district courts in Kochi and Sapporo Friday rejected the claims of two groups of Japanese abandoned in China as children [Kyoto Journal backgrounder] after World War II, ruling that the current Japanese government was not obligated to compensate the so-called "war orphans" [JURIST news archive] because Japan had no obligation to to assist their repatriation and assimilation back in Japan. The "war orphans," whose parents had been settled in China as a part of Japanese wartime policy, had sought approximately $267,000 per person in compensation.
To date, only 61 of the approximately 2,200 individuals who have filed similar suits have won compensation from the Japanese government. The 61 plaintiffs who filed their suit in Kobe each received approximately $62,000 in compensation [JURIST report]. Approximately 320,000 Japanese citizens were settled in Manchuria to establish a base of operations for Japan's 1937 invasion of China [Wikipedia backgrounder]. Many Japanese settlers were left behind after the war, however, and many children were raised by Chinese citizens. Many plaintiffs remained in China until 1975 when the government began locating them, did not speak Japanese and were shunned by surviving relatives, and most continue to rely on public aid as a result of the relocation. AP has more.


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Military police chief to be court-martialed on charges of aiding enemy in Iraq
Michael Sung on June 15, 2007 11:59 AM ET

[JURIST] The US military announced Thursday that charges [Central Command press release; JURIST report] against Lt. Col. William H. Steele, the former commander of the 451st Military Police Detachment in charge of the detention facility at Camp Cropper [Wikipedia backgrounder] in Iraq, has been referred to a court-martial on charges of aiding the enemy, unauthorized possession of classified information, disobeying orders, and various counts of conduct unbecoming an officer, including having an improper relationship with an interpreter between October 2005 and February 2007. He also faces charges of possessing pornographic videos contrary to a general order. Military officials say that if convicted of aiding the enemy, the maximum sentence Steele could face would be life imprisonment. Steele has been in military custody since his arrest in Kuwait in March.
Camp Cropper, located near Baghdad International Airport, is the second-largest US-run military prison [WP report] in Iraq after Camp Bucca in the wake of the closing of the notorious Abu Ghraib [JURIST news archive] prison which the US emptied [JURIST report] and transferred to the Iraqi government in 2006. Cropper currently has some 3000 inmates. Reuters has more. AP has additional coverage.


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Federal appeals court allows ex-9/11 detainee to sue Ashcroft, Mueller
Michael Sung on June 15, 2007 10:33 AM ET

[JURIST] The US Court of Appeals for the Second Circuit ruled [opinion, PDF] Thursday that Javaid Iqbal, who alleges he was detained "solely because of [his] race, religion, and national origin" following the September 11 terrorist attacks [JURIST news archive] and subjected to mistreatment during detention, can proceed with civil lawsuits against former Attorney General John Ashcroft, FBI Director Robert Mueller, and other government officials. The court, while recognizing the "gravity of the situation [that government officials faced" as a consequence of the 9/11 attack," nevertheless held that constitutional rights, such as "the right not to be subjected to needlessly harsh conditions of confinement, the right to be free from the use of excessive force, and the right not to be subjected to ethnic or religious discrimination" must enjoy "steadfast protection" in both "normal" and "unusual times." The court rejected arguments presented by government officials that they could not be held personally liable because they had acted reasonably and therefore shielded by qualified immunity.
Approximately 762 foreign nationals, mainly Arab Muslim men [ACLU backgrounder], were arrested across the US after the September 11 attacks. Iqbal, and another former detainee and co-petitioner, Ehab Elmanghraby, were among 184 individuals held in maximum-security detention. Iqbal alleges he was held in solitary confinement for more than 150 days without judicial hearing. Elmanghraby has settled [JURIST report] his complaint against the government for $300,000. AP has more. Reuters has additional coverage.


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Taylor not indigent defendant: UN investigators
Michael Sung on June 15, 2007 9:36 AM ET

[JURIST] A five-member team of UN investigators concluded in a confidential report to the UN Security Council disclosed Thursday by the New York Times that former Liberian President Charles Taylor [BBC profile; JURIST news archive] may retain control over large sums of personal assets located in Nigeria and Liberia. Taylor claims he is indigent, and refused to participate in the start of proceedings against him [JURIST] last Monday at the Special Court for Sierra Leone (SCSL) [official website] because he was unable to retain his preferred lawyer. The panel's report says that Taylor obtains approximately $100 million annually from his control of diamond and timber resources, although it could not provide more details concerning the current status of Taylor's assets. The Nigerian government has refused to allow an investigation of Taylor's Nigerian assets, and neither Nigeria or Liberia has frozen Taylor's assets pursuant to Security Council Resolution 1532 [PDF text; backgrounder].
Taylor has also alleged that his single court-appointed defense lawyer, Karim Khan, is unfairly outnumbered by the court's prosecution team. Taylor attempted to fire Khan Monday, although a SCSL spokesperson says Taylor does not have the authority. The SCSL subsequently announced the addition of a second defense lawyer to Taylor's legal team, which currently consists of one lawyer, two legal assistants and two researchers. On Tuesday, SCSL chief prosecutor Stephen Rapp said that Taylor's trial will continue [JURIST report] as scheduled despite Taylor's boycott. Last Friday, SCSL President Justice George Gelaga-King urged [press release, PDF] the international community to provide more financial support for the SCSL, warning that "all available funds will be exhausted by November 2007." The SCSL estimates it will require a total of $89 million to complete its mandate in the next three years. In May, Human Rights Watch (HRW) [advocacy website] and Rapp issued similar pleas for voluntary financial contribution [JURIST report]. The current leading donors for the court are the United States, the Netherlands, Britain, and Canada. The New York Times has more.


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Senators to revive immigration reform bill
Michael Sung on June 15, 2007 7:55 AM ET

[JURIST] US Senate Majority Leader Harry Reid (D-NE) and Senate Republican Leader Mitch McConnell (R-KY) [official websites] said in a joint statement [text] Thursday that senators will return to the stalled Comprehensive Immigration Reform Act of 2007 [S 1348 summary; JURIST report] after they finish work on an energy bill. President Bush has pressed the immigration proposal, which stalled after failing a cloture vote [JURIST report] last Thursday, saying [statement] Tuesday that he believed it would be "harder to enforce the border" if the bill fails to become law. Senators have floated a plan to Reid and McConnell, which would give Republicans and Democrats 10-12 chances to amend the bill, after which senators will initiate a cloture vote.
Last Wednesday, the Senate approved a five-year limit [JURIST report] on a proposed Y-1 temporary guest worker visa program, which critics say allowed too many foreign laborers to compete with domestic workers and drove down wages. The proposal had received bipartisan criticism [JURIST report] for being too broad. Supporters say that without temporary guest worker programs, illegal immigration [JURIST news archive] will continue as foreign laborers will still be attracted to the unmet labor demand. In May, senators trimmed the proposed temporary guest worker program [JURIST report] from its previous maximum limit of 600,000 guest workers a year to 200,000. Opponents of the immigration reform bill say it amounts to "amnesty" for up to 12 million undocumented immigrants currently in the United States, and others have objected to restrictions on the right of legal immigrants to bring their families to the US. AP has more.


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