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Legal news from Monday, August 11, 2008 |
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Philippines legislators vote to create Muslim rights commission
Mike Rosen-Molina on August 11, 2008 12:42 PM ET

[JURIST] The Philippines House of Representatives [official website] passed a bill [HB 4253 text] on Monday to create a new national commission meant to guarantee the rights of Muslims citizens. The bill creates a National Commission on Muslim Filipinos to replace the existing Office of Muslim Affairs (OMA) [official website], created in 1987. The new commission will be responsible for addressing complaints of rights violations brought by Muslim citizens, for overseeing the development and distribution of lands traditionally held by Muslim Filipinos, and for advising the president on issues relevant to the country's Muslim population, as well as other duties previously held by the OMA. House Speaker Prospero Nograles praised the measure [government press release; House of Representatives press release] as a way to "ensure the rights and well-being of our Muslim brothers." The Philippine Daily Inquirer has more.
The government of the Philippines has been engaged in a long-standing conflict with Muslim rebels in the country's southern provinces. In July, the government reached a peace agreement with rebels from the Moro Islamic Liberation Front [group website; BBC backgrounder], granting expanded boundaries to the country's southern Autonomous Region in Muslim Mindanao (ARMM) [official website]. The two sides said they had also reached tentative agreements [AFP report] on the distribution of mining revenues from the region, a timeline for local elections, and the implementation of new regulations. The government first suggested [JURIST report] that it might agree to increased autonomy for the region in 2005. Earlier this month, a judge for the Supreme Court of the Philippines enjoined [ruling, PDF; JURIST report] government agents from signing the peace agreement.


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Russia trades accusations with Georgia over alleged mass civilian detentions
Mike Rosen-Molina on August 11, 2008 11:57 AM ET

[JURIST] Georgia is forcibly detaining Russian citizens within its borders in violation of international law, Russian President Dmitry Medvedev [official website] said in a Monday communication with Minister of Internal Affairs Rashid Nurgaliev. In the communication, Medvedev instructed Nurgaliev to ensure that the rights of ethnic Georgians in Russia are protected: I have received information, and you have probably also heard this, that the Georgian authorities are forcibly detaining Russian citizens on Georgian territory. This is, of course, in complete violation of international law. I do not know why they are doing this. Maybe they think they can use these people as a human shield. This is a completely unacceptable situation.
I also want to say - and I want you to take this under your personal control that all citizens of foreign states, who are legally in Russia, must not be subjected to any kind of discrimination and can remain in Russia in accordance with the agreements that our country has with the countries from which these people have come. Supervision of these matters is the Ministry of Internal Affairs' responsibility and I ask you to ensure it is carried out. The Georgian Ministry of Foreign Affairs [official website] denied the allegations as "an absolute lie" [press release.] Also Monday, Georgia levied similar accusations of mass detentions against Russia [press release]:According to the reliable information held by the Ministry of Foreign Affairs of Georgia, Russian servicemen and separatists carry out mass arrests of peaceful civilians of Georgian origin still remaining on the territory of the Tskhinvali region and subsequently concentrate them on the territory of the village of Kurta.
Georgia appeals to the International Red Cross and other humanitarian and international organizations and the international community as a whole to immediately take decisive and effective measures for the evacuation of this population from the conflict zone. CNN has more.
International human rights groups on Saturday condemned any violence Russian or Georgian forces might commit against civilians in the separatist region of South Ossetia [BBC backgrounder], warning that those actions may amount to war crimes. After a period of smaller conflicts, on Friday the Republic of Georgia [official backgrounder; JURIST news archive] announced that to restore constitutional order, it was launching a large scale military offensive [NY Times report] in the region, which broke away from Georgia following a 1991-1992 war. On Saturday, Russia sent troops [BBC report] into South Ossetia in what it called a mission to protect civilians. Analysts say the current fighting marks the continuing deterioration [JURIST report] in Georgian-Russian relations. Recent conflicts have included accusations by Georgian authorities [JURIST report] that Russia instigated protests calling for an overthrow of the government last November, and allegations of Russia's role in a coup plot [JURIST report] in August 2007.


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Pakistan assembly votes for Musharraf resignation
Devin Montgomery on August 11, 2008 11:53 AM ET

[JURIST] Pakistan's Punjab Provincial Assembly [official website] on Monday voted [PTI report] to ask President Pervez Musharraf [official website; JURIST news archive] to resign or face possible impeachment by the country's parliament. Of the body's 371 members, 321 voted for the motion, including the majority of Musharraf's own Pakistan Muslim League-Q [party website] party. In response to the vote and impeachment plans [JURIST report] led by the country's coalition government, Musharraf stated he will fight the allegations of wrongdoing and asserted that the Pakistan People's Party (PPP) simply wants to impose their rule [PTI reports] over his own. For the potential impeachment to succeed, it would require the endorsement of two-thirds of legislators in a joint session of parliament. The lower house of parliament was scheduled to meet later on Monday [Hindustan Times report] to consider the move. BBC News has more.
PPP and coalition partner Pakistan Muslim League - Nawaz (PMNL-N) leaders have disagreed [JURIST report] on how to limit or amend Musharraf's powers, with the PML-N generally favoring resignation or impeachment and the PPP favoring working with Musharraf to improve the country's political system. PPP leaders took a tougher stance in June, stating that Musharraf was only president by default and warning that if he did not step down, the parliament would impeach him [The News report]. The PML-N then called for Musharraf's impeachment [JURIST report] and released a "charge sheet" outlining misuse of presidential authority, including the dismissal of the country's superior court judges. Also in June, PML-N leader and former Pakistani Prime Minister Nawaz Sharif [JURIST news archive] called for Musharraf to be tried for treason [JURIST report], labeling him a traitor disloyal to Pakistan and saying he should be punished for the "damage" that he has done to the country in the years since he led a military coup [BBC backgrounder] and unseated Sharif in 1999.


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Qwest to settle shareholder suit for an additional $40 million
Mike Rosen-Molina on August 11, 2008 11:08 AM ET

[JURIST] Qwest Communications [corporate website] will pay an additional $40 million to settle a class action shareholder lawsuit, according to an agreement released Monday in the company's second quarter earnings report [press release; materials]. Of that number, $5 million comes from insurance revenue by former Qwest CEO Joseph Nacchio [JURIST news archive] and former CFO Robert Woodruff. In 2006, a federal judge approved a $400 million settlement [AP report] that did not include Nacchio or Woodruff, but the two former Qwest officials appealed, arguing that Qwest was required to indemnify them from future litigation. A federal court must still approve the new settlement terms. AP has more.
Federal prosecutors indicted Nacchio in December 2005 on 42 counts of insider trading [JURIST report]. He and other former Qwest executives still face civil fraud charges [JURIST report] brought by the US Securities and Exchange Commission [official website] on allegations that Qwest improperly reported approximately $3 billion in revenue related to its 2000 merger with US West. Another former Qwest employee, ex-vice president Marc Weisberg, pleaded guilty to wire fraud [JURIST report] in December 2005 and helped prosecutors build their case against Nacchio. Last month, the US Court of Appeals for the Tenth Circuit [official website] granted [order, PDF] prosecutors' petition for an en banc rehearing on whether Nacchio's insider trading conviction should be overturned. In March, a Tenth Circuit panel struck down [ruling, PDF; JURIST report] Nacchio's previous conviction and ordered a new trial.


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