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 Legal news from Monday, January 10, 2005 |
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Monday, January 10, 2005 |
Ukraine election commission certifies Yushchenko winner of presidential vote
Bernard Hibbitts at 5:32 PM ET
[JURIST] The Central Election Commission of Ukraine [official website] late Monday certified opposition leader Viktor Yushchenko the winner of the December 26 re-vote over former Prime Minister Viktor Yanukoyvch. Under Ukrainian law the certification must now be approved by the Ukrainian Supreme Court and published in two newspapers. Completion of the process is expected to substatively bring to an end Ukraine's prolonged electoral crisis, which after allegations of fraud in a November run-off poll led to mass demonstrations in Kyiv and a Supreme Court ruling overturning the result and directing the re-vote. A late report from Kyiv suggests, however, that losing candidate Viktor Yanukovych may yet appeal his election complaints, all rejected by the Ukrainian Supreme Court, to the European Court of Justice. AP has more.
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Palestinian election commission issues final count; court rejects election appeal
Bernard Hibbitts at 4:41 PM ET
[JURIST] The Palestinian Central Election Commission [official website] Monday issued provisional final results for Sunday's presidential election, awarding victory to PLO chairman Mahmoud Abbas with 62.32% of the vote, far ahead of second place human right activist Mustafa Barghouti, who received 19.80%. The margin of Abbas's victory was only slightly less than exit polls had predicted Sunday night when Abbas claimed victory. Emphasizing the still-provisional nature of the returns subject to complaints (as reported Sunday in JURIST's Paper Chase) the Commission noted that "Israeli forces which continue to occupy Palestine imposed huge obstacles to the participation of Jerusalemite citizens in the elections" and also acknowledged that it received "thousands of telephone calls from individuals whose names appear on the civil register, but who were unable to locate their polling centers", calls which led the Commission controversially to allow individuals to vote with alternate identifications standards lest they be completely deprived of their right to vote. Read the full text of the CEC press release. Meanwhile the Palestinian Election Appeals Court Monday rejected an application by the Palestinian Center for Human Rights against the Election Commission's decision to extend polling hours and loosen identity requirements, citing lack of written evidence and lack of Commission response to the Center's original complaint. After the ruling the Center issued this statement:Even though the decision taken by the CEC did not essentially damage the results of the elections, PCHR asserts that the decision violates provisions of Law 13 of 1995 Relating to the Elections, and damaged the electoral process, especially in the evening in polling centers designed for the electors whose names are registered in the civil register. Read the full text of the PCHR press release.
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International brief ~ Preparations under way to establish southern Sudan capital
D. Wes Rist at 3:25 PM ET
[JURIST] Officials from the Sudan People's Liberation Movement have begun preparations to establish their regional capital city in Rumbek, some 560 miles south of the governmental capital city of Khartoum. The establishment of an independent southern capital in Sudan was part of the historic peace agreement signed on Sunday by officials from the two warring factions. The southern region of Sudan will be granted autonomy for six years, after which a popular referendum will decide whether the south will remain part of the country or will secede. Key to the deal was an agreement to exempt southern, and mainly Christian, Sudan from Muslim Sharia law, as well as provisions that equally divided revenues from the many oil wells in the south. JURIST's Paper Chase has continuing coverage of the unfolding developments in Sudan. The Sudan Tribune has more.... The 13th annual Asia-Pacific Parliamentary Forum began Monday in Viet Nam. The Forum will host 23 nations that will discuss the continued economic development of the Asia-Pacific region, as well as addressing important current international topics. Russia, along with several other countries, will be submitting a draft resolution [DOC] proposing a heightened involvement of the organization in fighting and suppressing international terrorism. A list of the draft resolutions up for consideration can be found here. Viet Nam News Agency has more on the Forum. Itar-Tass has more on the Russian draft resolution on terrorism.... Venezualan President Hugo Chavez (official site in Spanish) has vowed to energetically pursue redress in what he has called a violation of Venezualan sovereignty by Colombian forces (official site in Spanish). Colombians arrested Rodrigo Granda, a high-ranking member of Farc (official site in Spanish), the Revolutionary Armed Forces of Colombia, on December 14 in Cucuta, near the Venezualan border. Chavez claims that mobile phone records prove that the Colombian security forces actually apprehended Granda a day earlier in Caracas, in Venezualan territory. Chavez has alleged that the Colombian Security Forces actively violated Venezualan territory and have been lying to Colombian President Alvaro Uribe. Cplombia has denied the allegations. BBC News has more.
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ACLU requests halt to mass DNA collection
Christina Gheen at 2:57 PM ET
[JURIST] The American Civil Liberties Union (ACLU) has called for Massachusetts authorities to cease collecting DNA from the Truro, MA community in a letter released Monday. The DNA collection is an effort by the Truro police department and Cape Cod district attorney's office to solve a 3-year-old murder of Christa Worthington. ACLU Executive Director Carol Rose characterized the amassing of DNA as "a serious intrusion on personal privacy that has proven to be both ineffective and wasteful." John Reinstein, the ALCU's legal director, stated, "The only reason they seem to be doing this is to find out not what the DNA tells them, but who refuses." The ACLU wrote the letter in response to several complaints from people who refused to agree to the DNA test. The ACLU of Massachusetts has issued this press release. AP has more.
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Many Gitmo prisoners to be released as terror camp develops permanent look
Jen Nolan at 2:02 PM ET
[JURIST] According to a senior US defense official, the US will be transfering or releasing "a significant proportion" of the 549 prisoners from the US naval base in Guantanamo Bay, Cuba. The change is taking place to accommodate new permanent construction at the base, including a new prison facility worth $25 million and a new $1.7 million psychiatric wing. The Financial Times has more. Tomorrow, Tuesday, marks the third year of the base's use as a detention camp for terror suspects.
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Pinochet out on bail
Bernard Hibbitts at 2:01 PM ET
[JURIST] A Chilean court has granted bail for former president General Augusto Pinochet, under house arrest at his ranch west of Santiago. Pinochet's house arrest began last week after a Chilean appeals court upheld a lower court order issued after a judge had ruled that Pinochet could stand trial on charges of murder and kidnapping for actions taken by his regime against dissidents in the 1970s and 80s. Pinochet is 89 and in poor health; his bail was set at $3500 and is subject to confirmation by an appeal court which will consider the grant in the next few days. AFP has more. Santiago's El Mercurio newspaper has meanwhile reported that Pinochet attempted to withdraw more then 138M pesos (US $240,000) from a Santiago Bank of Boston branch in November; a judge leading a separate probe into corruption and money laundering of Pinochet funds involving US-based Riggs Bank stopped that transaction. Read the El Mercurio article in Spanish.
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Iraq regional elections board resigns but UN insists vote must go on
Bernard Hibbitts at 1:45 PM ET
[JURIST] The entire 13-member regional election commission for the Iraqi province of Anbar, west of Baghdad in the so-called "Sunni triangle", has resigned and gone into hiding according to a local newspaper. The head of the commission said it was "impossible to hold elections" in the volatile Sunni-dominated region, which includes the flashpoint cities of Fallujah and Ramadi. Insurgent attacks in the area had already complicated voter registration. There is no word yet as to whether a replacement commission will be appointed, and no official reaction from the national Independent Electoral Commission of Iraq. The Washington Post has more. The senior UN elections official in Iraq helping to co-ordinate the vote has nonetheless insisted that the Iraqi election scheduled for January 30 will go ahead as planned and denied that there have been mass resignations of electoral staff: "If you have 20 or 30 that have resigned that would be really overstating the case," Carlos Valenzuela said. "One thing I am always amazed about is that electoral officers are still out there working, doing what they can despite all the threats." Reuters has more.
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Ukrainian Supreme Court rejects final election appeals
Jen Nolan at 1:44 PM ET
[JURIST] The Ukrainian Supreme Court [official website in Ukrainian] Wednesday denied four more appeals of the December 26th presidential election results filed by allies of former prime minister Viktor Yanukovych [BBC profile], citing missed filing dates and improperly formulated complaints as the reasons for the rejection. While it has not been confirmed by the Court itself, Yaroslav Davydovych of the country's Central Election Commission [official website] said no other appeals are pending and the court should be able to begin certifying the election results [CEC vote count]. Yanukovych lost the December election to challenger Viktor Yushchenko [BBC profile] after the initial November 21 election results were thrown out admist allegations of voter fraud. AP has more.
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Corporations & securities brief ~ Southwest Securities settles market timing charges
Amit Patel at 1:39 PM ET
[JURIST] In Monday's corporations and securities law news, the SEC has announced that Southwest Securities Inc., a subsidiary of SWS Group Inc., will pay $10 million to settle charges of market timing of mutual fund shares. Southwest will pay back $2 million and also pay an $8 million civil penalty. Additionally, three managers will pay the agency $275,000 to settle charges against them. Read the SEC press release and litigation release. Read the Southwest press release here. CBSMarketWatch has more.
In other news, as previously reported on JURIST's Paper Chase, eighteen former Enron directors have agreed to pay $168 million to settle a lawsuit alleging they deceived investors. USA Today has more.... Hollywood Entertainment Corp. has agreed to a buyout offer of nearly $850 million from rival Movie Gallery Inc. which would merge the numbers two and three video rental chains. The merger would create a strong challenger for industry leader Blockbuster Inc. AP has more.... Garth Drabinsky and Myron Gottlieb, stage producers of some of North America's biggest hits, appeared in a Canadian court today over charges that they swindled investors of over $408 million. The pair are currently fugitives from law in the United States. Bloomberg has more.... News Corporation announced a $5.86 billion buy-out of minority shareholders in Fox Entertainment. The Financial Times has more.... The US Supreme Court declined Monday to hear a case considering the proper standards to allow individuals to file class-action lawsuits against corporations. The Court, without comment, affirmed a US Court of Appeals for the Eleventh Circuit decision which certified a nationwide class-action suit of 600,000 doctors against HMOs under a federal conspiracy statute. Read the Eleventh Circuit Court decision [PDF]. Review the Supreme Court's full 29-page Order List [PDF]. AP has more.
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Smoking ban takes effect in Italy
Bernard Hibbitts at 11:29 AM ET
[JURIST] A ban on smoking in enclosed public places took effect in Italy Monday in the latest European legislative move against a recognized public health hazard. As previously reported in JURIST's Paper Chase, Ireland became the first country to implement such a ban in March 2004. Norway followed in June and the British government proposed a similar measure in November. The Italian ban was delayed by several days into the New Year to indulge holiday celebrants. The ban is somewhat flexible, however, in that it leaves enforcement in the hands of the owners of restaurants and other public venues, some of whom have already said thay they will refuse to take action against their patrons or call the police. Italy's Ministry of Health has posted materials on the new smoking ban and its anti-smoking campaign in Italian. Reuters has more.
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Supreme Court turns back gay adoption, gun industry appeals
Bernard Hibbitts at 11:06 AM ET
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Iraqi detainee abuse trials get under way in US, Europe
Bernard Hibbitts at 10:50 AM ET
[JURIST] Trials of Coalition soldiers charged with abusing Iraqi detainees get under way Monday on both sides of the Atlantic. In the US, opening arguments are set to begin at Fort Hood, Texas, in the trial of Spc. Charles Graner Jr., accused of mistreating prisoners at the Abu Ghraib prison in Baghdad. Graner's defense lawyer has said that he might call Graner himself to the stand in the course of the trial, which will also feature recorded testimony from three former detainees. AP has more. Meanwhile at a British military base in Germany, a court-martial was also scheduled to begin Monday for Private Gary Bartlam, one of four members of the Royal Regiment of Fusiliers charged with abusing Iraqi detainees at a warehouse outside the southern city of Basra in May 2003. As in the Graner case, the evidence against Bartlam consists largely of soldier-snapped "trophy" photographs showing Iraqi prisoners being abused and sexually humiliated. BBC News has more.
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BREAKING NEWS ~ CBS fires four for disputed Bush National Guard story
Bernard Hibbitts at 10:05 AM ET
[JURIST] CBS News is reporting that CBS has ousted four people - three executives and a producer - for their roles in preparing and reporting a story on President Bush's National Guard service which was based on false documents. The executives have been asked to resign; the producer has been terminated. The dismissals follow the report of an independent panel made up of former US Attorney General Dick Thornburgh and Louis D. Boccardi, retired President and Chief Executive Officer of the Associated Press. The panel was named by CBS to investigate the its news division's handling of the story, which aired September 8 on the CBS program 60 Minutes Wednesday in a segment anchored by Dan Rather. Its report concluded that "The combination of a new 60 Minutes Wednesday management team, great deference given to a highly respected producer and the network’s news anchor, competitive pressures, and a zealous belief in the truth of the segment seem to have led many to disregard some fundamental journalistic principles." Read the full text of the panel report [PDF]. CBS has issued this press release [PDF] officially responding to the report and detailing its response. CBS News has more.
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UN reports find mismanagement but no corruption in Oil-for-Food program
Bernard Hibbitts at 8:42 AM ET
[JURIST] An internal probe of the scandal-ridden UN Oil-for-Food Program has concluded that although the program was plagued by mismanagement, especially in the handling of contracts, there was no evidence of corruption on the part of UN officials. The probe was conducted by the UN Office of Internal Oversight Services; its findings, in the form of 58 reports, were presented Sunday in New York by former US Federal Reserve Chairman Paul Volcker, now heading an independent panel investigating the program (visit the website of the Independent Inquiry Committee Into the UN Oil-for-Food Programme). During the late 1990s Oil-for-Food allowed Iraq to sell some of its oil for foodstuffs in an effort to ease the burden of UN sanctions on children and other vulnerable members of Iraqi society. Sunday's report did not, however, directly address allegations that Saddam Hussein's regime had bribed program officials to permit the sale of more oil than was allowed. Review the full texts of the 58 internal UN audit reports. The Volcker Committee's has released an accompanying briefing paper [PDF]. Reuters has more.
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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.
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