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Legal news from Friday, March 28, 2008 |
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UK parliament should approve options in EU Lisbon Treaty: Lords panel
Eric Firkel on March 28, 2008 4:21 PM ET

[JURIST] Both houses of the UK parliament should approve any UK government proposal to opt-in or opt-out of certain policy provisions of the EU reform treaty [JURIST news archive], formally known as the Treaty of Lisbon [official website; PDF text], the UK House of Lords Constitution Committee [official website] concluded Friday in a 124-page report [PDF text] on the implications of the treaty for the largely-unwritten UK constitution. The committee found that the treaty would not affect UK sovereignty, but said it was important for parliament to have the ultimate say on whether the UK should adopt optional provisions in areas such as security and justice. The committee's recommendation comes one week before debate on the European Union (Amendment) Bill [PDF text; materials], which would incorporate the Treaty of Lisbon into UK law. The Guardian has more.
Earlier this month, the UK House of Commons passed [JURIST report] the bill 346-206. The version passed did not mandate parliamentary approval of opt-in and opt-out provisions. The Commons previously rejected holding a national referendum [JURIST report] on treaty ratification, though supporters of that proposal are still hoping that the House of Lords will back a popular vote on the treaty, rather than allowing parliamentary ratification. The treaty must be ratified by all 27 EU member states before it can take effect, though each country may choose the method of ratification. Six countries have ratified the reform treaty; so far, Ireland is the only EU member state that has chosen to hold a referendum on the issue.


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UN SG condemns 'offensively anti-Islamic' film, calls for calm response
Mike Rosen-Molina on March 28, 2008 3:45 PM ET

[JURIST] UN Secretary General Ban Ki-moon [official website] Friday condemned a film made by far-right Dutch lawmaker Geert Wilders [personal website, in Dutch] that criticizes the Koran, calling it "offensively anti-Islamic." In a statement [text], Ban said: I condemn, in the strongest terms, the airing of Geert Wilders' offensively anti-Islamic film. There is no justification for hate speech or incitement to violence. The right of free expression is not at stake here. I acknowledge the efforts of the Government of the Netherlands to stop the broadcast of this film, and appeal for calm to those understandably offended by it. Freedom must always be accompanied by social responsibility.
The United Nations is the centre of the world's efforts to advance mutual respect, understanding and dialogue. We must also recognize that the real fault line is not between Muslim and Western societies, as some would have us believe, but between small minorities of extremists on different sides with a vested interest in stirring hostility and conflict. The film, titled "Fitna," has not yet found a television network to air the video due to high security costs, but Wilders released the video via his website late Thursday evening. It has since been suspended by network administrators following complaints. The UN News Centre has more. Reuters has additional coverage.
Kurt Westergaard, one of the Danish cartoonists who drew the caricatures [Le Monde slideshow; JURIST news archive] of the Prophet Muhammad that sparked worldwide protests in 2005, announced plans Friday to sue Wilders for copyright infringement [JURIST report] for reproducing Westergaard's cartoon in the film. On Thursday, a lawyer lodged a police complaint [Dutch News report] against the film, arguing that it violates the law by linking the Muslim population in the Netherlands to the increasing violence in the country. Last week, a district court in the Netherlands agreed to hear a lawsuit [JURIST report] filed by the Dutch Islamic Federation seeking to ban the release of Wilders' film because it criticizes the Koran.


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Puerto Rico governor pleads not guilty to election fraud
Eric Firkel on March 28, 2008 3:05 PM ET

[JURIST] Puerto Rican Gov. Anibal Acevedo Vila [official website, in Spanish] pleaded not guilty Friday to 19 counts [indictment, PDF; JURIST report] of conspiracy, false statements, wire fraud, federal program fraud and tax crimes related to campaign financing, and other crimes. The charges stem from alleged violations of the Federal Election Campaign Act [text] during Vila's 1999-2000 and 2001-2002 campaigns to become Puerto Rico's Resident Commissioner in the US House of Representatives and his 2004 gubernatorial campaign. If convicted on all counts, Vila faces up to twenty years in prison. He has denied any misconduct and accused US authorities of launching a politically motivated attack against him.
Vila is a member of the Popular Democratic Party [party website, in Spanish], which does not support full US statehood for the Commonwealth. He narrowly defeated former governor and pro-statehood candidate Pedro Rossello [campaign website, in Spanish] in a disputed gubernatorial election [JURIST report] in 2004. AP has more.


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Pro-Tibet protesters rally at Nepal UN building
Patrick Porter on March 28, 2008 1:37 PM ET

[JURIST] Over 100 protesters rallied near a United Nations facility in Kathmandu on Friday, demonstrating against China's recent crackdown on pro-Tibet protests [BBC backgrounder]. Nepalese police arrested around 60 protesters, while about 20 others, reportedly Tibetan high school students, scaled the walls of the compound and peacefully demonstrated inside. Police asked for the group inside the compound to be handed over, but UN officials refused. Those arrests followed the arrest of at least 400 protesters Monday and 50 more [JURIST reports] last week near the UN headquarters in Kathmandu. AP has more. The New York Times has additional coverage.
In a related development, the UN Office of the High Commissioner for Human Rights in Nepal [official website] released a report [PDF text; press release, PDF] on Friday summarizing human rights concerns arising from protests in the Terai region of Nepal last month by ethnic Madhesis who accuse the Nepalese government of treating them as second-class citizens. The report accused Nepalese police of sometimes using excessive force to quell protests, saying: ...the policing of the protests raised serious human rights concerns, particularly relating to the use of force by police, including lethal force. The enforcement of the bandh affected the freedom of movement of the population, but OHCHR was also concerned at allegations of police actions that violated individuals' rights to freedom of assembly and movement. The UN News Centre has more.


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