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Legal news from Sunday, August 14, 2011




Environmental groups file emergency injunction to halt wolf hunts
Alexandra Malatesta on August 14, 2011 1:27 PM ET

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[JURIST] Three environmental groups on Saturday filed an emergency motion [text, PDF] with the US Court of Appeals for the Ninth Circuit [official website] requesting that the court halt wolf hunts scheduled to begin in a few weeks in Idaho and Montana. The request calls for a cessation of the upcoming hunting season until the groups' appeal of a federal court decision is determined. Environmentalists believe that the wolf hunts should be prohibited until the population reaches between 2,000 to 5,000 wolves [AP report]. The motion states:
[B]eginning within the next 21 days, hundreds of Gray Wolves that should be protected as endangered species are about to be hunted and killed. Appellants' interests in protecting both individual Gray Wolves in Idaho and Montana and the Gray Wolf population in the Northern Rocky Mountain Gray Wolf Distinct Population Segment outside of Wyoming are about to be irreparably injured.
The Alliance for the Wild Rockies (AWR), Friends of the Clearwater and WildEarth Guardians [advocacy websites] are seeking to reverse the judgment handed down by the lower court, which ruled [opinion, PDF; JURIST report] that Congress did not violate the Constitution when it effectively overturned the court's previous ruling striking down a 2009 delisting rule issued by the US Fish and Wildlife Service [official website]. The rule removed [federal registrar, PDF] the Northern Rocky Mountain Wolf [Yellowstone Insider backgrounder] from the Endangered Species Act (ESA) [materials] protection list in all areas outside of Wyoming. The Ninth Circuit was notified [JURIST report] last week that the groups were planning on challenging the lower court's ruling.

The wolves were removed from the shelter of the ESA after a controversial Interior Department memo was published that several animals should be taken off the list despite their numbers not being at a sustainable level. The delisting order leaves the wolves under the purview of the Montana and Idaho state governments. Montana began selling wolf hunting licenses [state hunting regulations, PDF] on the same day as Molloy's ruling. There is no limit on the number of licenses sold, but the hunting season will be closed in hunting districts around the state as regional quotas are reached. Montana hunters will be able to shoot as many as 220 gray wolves in Montana in a hunt scheduled to begin in early September, first with an archery season and then later with a rifle season. The state expects that the hunt will reduce the predator's Montana population by about 25 percent to a minimum 425 wolves. Environmentalists say they believe the population will be reduced further than that.




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Brazil judge known for jailing corrupt officials, killed
Alexandra Malatesta on August 14, 2011 12:54 PM ET

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[JURIST] Brazilian Judge Patricia Acioli, known for taking a hard-line against corrupt officials and militia death squads, was shot and killed on Thursday outside of her home by two masked men on motorbikes. Investigators revealed that at least twelve people are suspected [O Globo report, in Portuguese] of being involved in the attack, where at least sixteen bullets were fired into the judge's car. After receiving numerous death threats, Acioli had requested but failed to receive police protection [O Globo report, in Portuguese]. Chief Justice Cezar Peluso [official profile] of the country's high court condemned the execution [press release, in Portuguese] and asked for urgent intervention by the Federal Police:
On behalf of the Supreme Court, the National Council of Justice and the Judiciary, [I] repudiate the brutal murder of Judge Patricia Lourival Acioli. Cowardly crimes against. . . magistrates are attacks on judicial independence, rule of law and democracy in Brazil. The preservation of the rule of law in our country requires the rapid determination of the facts and strict punishment of those responsible for this act of barbarism. Judge [Patricia Lourival Acioli] leaves a lesson in professionalism, technical competence and dedication to the [true cause]. This... [should] be of comfort to [her] family, whom do I forward my sympathy and sincere condolences.
Judge Acioli is one of three judges executed [O Globo report, in Portuguese] in Brazil in the past eight years for their investigations into organized crime.

Judges have also been victims of violent attacks in other countries. In June of 2010, three judges were killed in a Chinese courthouse [JURIST report] by a man allegedly upset over the division of marital assets. In April of 2010, a Moscow City Court judge known for presiding over cases involving neo-Nazi groups was killed while leaving his apartment [JURIST report]. The murder of Judge Eduard Chuvashov was suspected to be a contract killing in light of the death threats he faced after presiding over the trials of members of neo-Nazi gangs. In November of 2009, a Somali judge known for jailing suspected pirates, human traffickers, and Islamist insurgents was shot dead while leaving a mosque [JURIST report] in the Puntland city of Bossaso. Judge Mohamed Abdi Aware of the Puntland high court and the Puntland Supreme Judicial Council, had recently jailed four members of the al-Shabaab Islamist group and had sentenced 12 suspected pirates to terms ranging from three to eight years.




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Trial of former Egypt interior minister adjourned as defense counsel silenced
Daniel Richey on August 14, 2011 12:18 PM ET

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[JURIST] An Egyptian criminal court on Sunday adjourned the trial of former interior minister Habib el-Adly. Judge Ahmed Rifaat ordered four recesses in the first three hours of the morning's proceedings in response to conduct by defense counsel that he believed was disruptive and disorganized. Defense counsel was never able to present its case in the course of the session. The trial is set to resume September 5. El-Adly and Egypt's former president Hosni Mubarak [Al Jazeera profile; JURIST news archive] face charges of killing pro-democracy protesters during the demonstrations in Egypt [JURIST news archive] earlier this year. Six of el-Adly's former assistants are also charged with murdering demonstrators [CNN report]. Mubarak's trial began on August 3 [JURIST report] at the Cairo Criminal Court, but was adjourned until August 15 to allow Mubarak to continue treatment for cancer.

El-Adly's trial resumed on August 3 after being delayed late last month [JURIST report]. El-Adly, who was already serving a 12-year prison sentence, was sentenced to five years [JURIST report] in July on corruption charges. Former finance minister Yousef Boutros and former prime minister Ahmed Nazif, along with el-Adly, were ordered to return USD $15 million for a no-bid contract, while Boutros and el-Adly were also fined nearly USD $17 million. In March, a commission of Arab and Egyptian human rights groups accused Mubarak [JURIST report] and the police of murdering protesters during the demonstrations in Egypt. Mubarak could face the death penalty [JURIST report] if convicted of ordering attacks on protesters, and el-Adly's testimony could help prove Mubarak was an accomplice to the killings. Amnesty International (AI) [advocacy website] reported that at least 840 people were killed [JURIST report], and more than 6,000 were injured, during the Egyptian protests.




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