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Legal news from Tuesday, February 15, 2011 |
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Egypt military appoints judges to amend constitution
Andrea Bottorff on February 15, 2011 2:57 PM ET

[JURIST] The Egyptian Supreme Council of the Armed Forces announced Tuesday that it has formed a committee of judges and politicians to oversee amending the Egyptian constitution [text] within the next 10 days. When the council assumed power on Sunday, it indicated that part of its transition plan [proclamation text] was to form a committee to amend constitutional articles prior to holding a public referendum. The plan follows the intentions of ousted president Hosni Mubarak [Al Jazeera profile], who had approved the formation of a panel [JURIST report] to amend the constitution before he resigned. The changes may also allow the creation of new political parties. The Muslim Brotherhood, which is currently banned in Egypt, announced on Tuesday that it will form a party [LAT report] to participate in upcoming elections. Critics say that 10 days is not enough time [Telegraph report] for the committee to make substantial changes to the constitution, such as abolishing Article 2, which upholds Sharia law [CFR backgrounder; JURIST news archive]. However, the new committee also suggests that the military council is on track to hold elections in six months [Indian Express report] and return power to the Egyptian people.
The military pledged last week to lift the emergency laws [JURIST report] that have been in place since Mubarak assumed power. Prior to Mubarak's resignation, Egypt's government had reached out [JURIST report] to various opposition leaders in the wake of demonstrations that swept the country. Among those in the opposition that have been approached are the Muslim Brotherhood, the oldest and largest Islamic political group in the world. According to some commentators, the unrest in Egypt is closely related to the recent civil unrest in Tunisia [JURIST op-ed] that culminated last month with the resignation of President Zine al-Abidine Ben Ali [JURIST report].


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Italy PM Berlusconi to stand trial on abuse of power, underage prostitution charges
John Paul Putney on February 15, 2011 2:05 PM ET

[JURIST] An Italian judge on Tuesday ordered billionaire media mogul and Italian Prime Minister Silvio Berlusconi [BBC profile; JURIST news archive] to stand trial on charges of paying for sex with a minor and abuse of power. Berlusconi allegedly paid 7,000 euros to then 17-year-old dancer, Karima El Mahroug, for sex and later called police to secure her release [BBC report] while she was detained on an unrelated suspicion of theft. Berlusconi has denied any wrongdoing and lashed out at the charges, calling them groundless [Bloomberg report]. Judge Cristina di Censo announced the indictment against the premier, which included approving a request from prosecutors to expedite the trial [CNN report], which is set to begin on April 6 in Milan. The expedited trial skips the preliminary hearing and is approved in cases with overwhelming evidence. The prosecution has submitted [Daily Mail report] 782 pages of wire taps, intercepted text messages and bank details as part of the case. The trial will be heard by three randomly-selected judges [WP report], all women. Berlusconi's legal team has argued that the judge does not have the power to order the trial of the premier.
Although not the first political scandal for Berlusconi, this recent fiasco has prompted widespread demonstrations and renewed calls for the premier to step down. Last month, the Italian Constitutional Court [official website, in Italian] held hearings and subsequently struck down [JURIST reports] portions of a law [materials, in Italian] backed by Berlusconi that would have granted the premier and other public officials temporary immunity from charges while in office. The court ruled in a vote of 12-3 to modify the law to allow up to a six-month postponement of charges, and gave the court the power to assess the severity of the charges in relation to how much they would disrupt state business. In October, Italian prosecutors launched a tax inquiry against Berlusconi [JURIST report] for tax declarations he made in 2003 and 2004 relating to the commercial broadcast company Mediaset [corporate website, in Italian], which Berlusconi founded. The investigation is the fourth time Berlusconi has faced allegations of fraud in relation to his Mediaset company. In addition to the trial for abuse of power and underage prostitution, Berlusconi faces three other ongoing judicial proceedings.


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Iran lawmakers urge death penalty for opposition leaders
Sarah Posner on February 15, 2011 1:12 PM ET

[JURIST] Iranian lawmakers called Tuesday for opposition leaders to face trial and death after Monday's clash with security forces. Thousands of Iranians protested Monday in solidarity with Egypt's revolt against ousted president Hosni Mubarak [Al Jazeera profile]. Pro-government legislators demanded [AP report] opposition leaders Mir-Hossein Mousavi [BBC profile; JURIST news archive], Mehdi Karroubi [NYT profile; JURIST news archive] and former reformist president Mohammad Khatami [BBC profile] be held responsible for the protests, which resulted in one death and numerous injuries. Monday's protests in Iran were the first demonstrations since December 2009, following the disputed presidential elections [JURIST news archive] that gave Mahmoud Ahmadinejad [official website] a second term.
Last week, Karroubi was reportedly placed under house arrest [JURIST report], according to his website Saham News [website, in Persian]. On Thursday morning, security forces reportedly took control of the area outside of Karroubi's residence and barred all family members, except his wife, from entering. The report indicated that the arrest was related to calls by Karroubi and Mousavi for rallies in support of the recent political reform movements in Tunisia and Egypt [CFR backgrounder].


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Guantanamo detainee pleads guilty to terror charges before military tribunal
Ashley Hileman on February 15, 2011 12:51 PM ET

[JURIST] Sudanese Guantanamo Bay [JURIST news archive] detainee Noor Uthman Mohammed [DOD materials] pleaded guilty [press release] before a military tribunal Tuesday to terrorism charges. Mohammed entered guilty pleas [Reuters report] to one count of providing material support of terrorism and one count of conspiracy. The charges against him stem from meetings with al Qaeda and his service as a weapons instructor and manager at the Khaden military camp in Afghanistan, where hijackers and other members of al Qaeda trained prior to the 9/11 attacks. Mohammed was charged [JURIST report; charge sheet, PDF] in May 2008 and has been detained at Guantanamo since his capture in Pakistan in 2002. Prior to the plea agreement, the details of which have not been released, Mohammed faced life in prison if convicted of the charges against him. A jury, consisting of at least five US military officers will now be chosen to issue a sentence in the hearing, set to begin this week.
Earlier this month, the Center for Constitutional Rights (CCR) [advocacy website] used the death of a Guantanamo detainee to highlight what it claims are problems [JURIST report] with the detention system currently used by the US for dealing with suspected terrorists. The detainee, Awal Gul, had been at the Guantanamo Bay detention center since October 2002, suspected of having aided the Taliban and al Qaeda in Afghanistan [DOD press release, PDF]. Gul died of an apparent heart attack after he had completed some aerobic exercises. The CCR believes that the circumstances surrounding Gul's death illustrate the inherent problem with the detention center and the policy the US follows in detaining and indefinitely holding suspected terrorists, claiming that the facility has become a purgatory, where people are held indefinitely. As the number of detainees at the Guantanamo Bay facility decreases, the issue of what to do with those remaining in US custody continues to be a significant issue. In January, Human Rights Watch criticized President Barack Obama [JURIST report] for failing to shut down the facility as he promised during the 2008 presidential campaign.


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House votes to extend controversial Patriot Act surveillance provisions
Zach Zagger on February 15, 2011 11:12 AM ET

[JURIST] The US House of Representatives [official website] voted 275 to 144 [roll call vote] Monday to extend surveillance provisions of the USA Patriot Act [text; JURIST news archive] which could expire February 28. A vote on the bill [HR 514] to extend the provisions failed [JURIST report] last weak under a special rule that required a two-thirds majority, but passed Monday with a simple majority. The provisions set to expire included the authority: for roving surveillance, including wire-taps and cell phone monitoring; to compel production of business records and "other tangible things" under section 215 of the Act; and to allow the US to target non-US persons "who engage in international terrorism or activities in preparation therefor, but are not necessarily associated with an identified terrorist group," under the "lone wolf" amendment, section 6001. The American Civil Liberties Union (ACLU) [advocacy website] has been an outspoken critic of the Patriot Act. ACLU legislative counsel Michelle Richardson said [press release]: It has been nearly a decade since the Patriot Act was passed and our lawmakers still refuse to make any meaningful changes to this reactionary law. The right to privacy from government is a cornerstone of our country's foundation and Americans must be free from the kind of unwarranted government surveillance that the Patriot Act allows. If Congress cannot take the time to insert the much needed privacy safeguards the Patriot Act needs, it should allow these provisions to expire. Though most Republicans supported the Bill, the vote did not come down on strict party lines [NYT report] with 65 Democrats voting in favor of it, including Representative CA Dutch Ruppersberger (D-MD) [official website], the ranking Democrat on the Intelligence Committee.
Earlier this month, the Obama administration released a Statement of Administration Policy [text, PDF] vying for a three-year renewal of the provisions, but expressed support for the Bill passed Monday. The provisions were previously extended in February 2010 after the Obama administration asked the Senate Judiciary Committee to extend [JURIST reports] the Patriot Act. The US Court of Appeals for the Ninth Circuit [official website] dismissed [JURIST report] a constitutional challenge to the Patriot Act in December 2009 due to lack of standing. The US District Court for the District of Oregon [official website] had previously ruled that certain provisions of the act were unconstitutional [JURIST report]. The Patriot Act was passed in 2001, on the heels of the 9/11 attacks, greatly expanding US law enforcement's powers of surveillance and discretion when conducting terrorism investigations, and the US Government's ability to regulate foreign individuals' and immigrants' financial transactions.


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Ecuador judge orders Chevron to pay $8.6 billion in pollution case
Matt Glenn on February 15, 2011 9:45 AM ET

[JURIST] A judge for the Provincial Court of Sucumbios in Ecuador ordered US oil company Chevron [corporate website; JURIST news archive] to pay $8.6 billion in damages, finding that Texaco, which was acquired by Chevron in 2001, polluted large areas of the country's rain forest. Chevron vowed to fight the ruling [press release], calling it "illegitimate and unenforceable" and "the product of fraud." The plaintiffs' lawyer said he also plans to appeal [NYT report], after the court awarded far less than the $113 billion for which the plaintiffs reportedly asked. It is unclear when, if ever, the Chevron will pay the judgment [WSJ report]. Chevron has no assets in Ecuador, and it recently won rulings from a panel of arbitrators [order, PDF] at the Permanent Court of Arbitration [official website] in The Hague and a judgement [order, PDF] in the US District Court for the Southern District of New York [official website] temporarily barring the enforcement of any judgment against Chevron.
Earlier this month, Chevron filed a lawsuit [press release] against plaintiffs' lawyers and consultants in the case, claiming that professionals for the plaintiffs were attempting to extort Chevron. In July, the US Court of Appeals for the Second Circuit upheld [LAT report] a May ruling [NYT report] by the Southern District of New York ordering filmmaker Joe Berlinger to turn over to Chevron certain outtakes from his 2009 documentary Crude [film website]. Chevron claims the outtakes show plaintiffs' lawyers discussing illegal and unethical tactics, including ghost-writing a court appointed expert's report, intimidating a judge and colluding with government officials. Chevron claims to have evidence that the plaintiffs influenced a court appointed expert who, in 2009, recommended Chevron be found liable [Forbes report] for $27 billion. The suit was re-filed in Ecuador [AP report] in 2003 after being dismissed by the Southern District of New York in 1996. Chevron claims that a 1995 cleanup agreement between Ecuador and Texaco that was completed in 1998 at a cost of $40 million absolves Chevron of all liability. Plaintiffs originally filed suit against Texaco, which operated the oil fields from the 1960's until the early 1990's, in the Southern District of New York in 1993.


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