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Legal news from Thursday, April 14, 2005 |

Thursday, April 14, 2005 |

Federal bill would require pharmacists to fill contraception prescriptions
Russell Adkins at 9:11 PM ET

[JURIST] In response to recent refusals by some pharmacists objecting on moral grounds to filling prescriptions for emergency contraceptives or birth control pills, federal legislators unveiled a draft bill [PDF] on Thursday that would require pharmacies to fill all prescriptions, placing the impetus on the pharmacy and not on individual pharmacists. Sponsored by Sen. Frank Lautenberg (D-NJ) and Rep. Carolyn Maloney (D-NY), the bill is strongly supported by women's rights advocates including NARAL Pro-Choice America [advocacy website]. Pharmacists for Life [advocacy website] and other conservative groups have announced their opposition to the bill. The American Pharmacists Association [professional association website] supports allowing pharmacists to follow their conscience, but states than an alternative should be available to fill the prescription. Reuters has more. Sen. Lautenberg's office has issued a press release on the proposed law.
On the state level, Illinois Gov. Rod Blagojevich filed an emergency order [press release; press conference video] on April 1 requiring Illinois pharmacists to fill prescriptions for emergency contraception even if it violates their religious beliefs; on April 13, two affected pharmacists filed a lawsuit [AP report; ACLJ press release] claiming that the rule was unenforceable and violated the Illinois Health Care Right of Conscience Act [text; more information on protection of conscience laws]. The litigation is ongoing.


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Chirac tries to salvage EU constitution vote in TV town hall meeting
Russell Adkins at 8:43 PM ET

[JURIST] Fighting off a barrage of opposition to the agreement, French President Jacques Chirac embarked Thursday on a campaign to save the proposed European Union constitution [official website; treaty text] from defeat in an upcoming national referendum. With the anti-treaty position slightly ahead in opinion polls, Chirac hosted a "town hall meeting" on the referendum with 83 young people on prime-time French TV. Chirac stated that the treaty could not be renegotiated if France rejects it, but added that he would not resign if apparently-growing opposition to the constitution [JURIST report] prevails in the May 29 vote. Watch recorded video of the meeting via Paris TF1 television. Reuters has more.


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Chinese court bars evidence obtained through torture
Russell Adkins at 7:55 PM ET

[JURIST] A provincial appeals court has issued what is reported to be China's first ruling that confessions obtained by coercion, torture, or trickery cannot be used in court, and while defense attorneys hailed the decision as an important step toward ending police torture in the country, they cautioned that further reforms are necessary to adequately protect defendants. Activists say that despite a torture ban enacted in 1996, that police routinely use such tactics to extract confessions, and have suggested that the ruling is a move toward ending the practice. AP has more. China Daily provides local coverage, including a report on the case of a man wrongly imprisoned for his wife's death after a confession which he claims was extracted from him after 10 days of continuous interrogation.


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Federal judge strikes down FDA ephedra ban
Bernard Hibbitts at 4:06 PM ET

[JURIST] A federal judge in Utah has struck down the Food and Drug Administration ban on the weight-loss supplement ephedra, pulled off the market by the FDA in April 2004 [FDA press release] after it was found to be linked to some 155 deaths. In a Wednesday ruling made public Thursday, Judge Tena Campbell directed the FDA to conduct further rule-making "consistent with the court's opinion." The ruling is a major victory for Utah-based Nutraceutical [corporate website], which had argued that ephedra has been "safely consumed" for hundreds of years. Review Thursday's Nutraceutical press release [text]. Read the court order [PDF]. The FDA provides additional background information on ephedra. AP has more.


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BREAKING NEWS ~ US House passes bankruptcy bill
Jeannie Shawl at 3:43 PM ET



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New murder charges filed against former Yukos security chief
Jeannie Shawl at 3:17 PM ET

[JURIST] Russian prosecutors filed new murder charges Thursday against former Yukos [official website; JURIST news archive] security chief Alexei Pichugin [trial website]. Last month, Pichugin was convicted of organizing a double murder and was sentenced to 20 years in jail [JURIST report, scroll down]. In the charges filed Thursday, Russian prosecutors accuse Pichugin of staging a murder in 1998 and plotting two attempts to murder a businessman in 1998 and 1999. Pichugin is said to have committed the alleged crimes on orders from Yukos' second largest shareholder Leonid Nevzlin. Nevzlin is wanted in Russia on murder charges [JURIST report] and currently lives in self-imposed exile in Israel. AP has more. MosNews has local coverage.


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Federal Election Commission dismisses Nader, Swift Boat complaints
Amit Patel at 2:40 PM ET

[JURIST] The Federal Election Commission (FEC) [official website] has dismissed three complaints from the 2004 presidential race involving Ralph Nader [official website] and the anti-John Kerry group Swift Boat Veterans for Truth [official website]. The three complaints include one alleging that interest group Citizen Works [advocacy website] made illegal campaign contributions to Nader's presidential campaign for letting it use its office space for half the fair-market rate; one accusing the Democratic National Committee [official website] and John Kerry of illegally using government election money to keep Nader off some state's ballots; and one which accused the Swift Boat Veterans of being incorporated and therefore spending illegally on election ads. Read the FEC final action on the cases. AP has more.


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US marshals, DOJ arrest 10,000 fugitives in nationwide sweep
Amit Patel at 2:23 PM ET

[JURIST] The Justice Department in conjunction with the US Marshals Office [official website] announced Thursday that more than 10,000 fugitives, many wanted for violent crimes, were arrested over the last week as part of a coordinated nationwide effort led by the marshals. Operation Falcon [US Marshals website; factsheet, PDF] involved officers from 960 federal, state and local law enforcement agencies who took part in a concentrated search to coincide with Crime Victim's Rights Week [official website]. More than 150 of those arrested are wanted on murder charges while another 550 were sought on rape or sexual assault charges. The operation was the largest ever in numbers of arrests. Read the DOJ press release. AP has more.


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Judiciary committee approves Bush nominee for DC Circuit
Amit Patel at 1:51 PM ET

[JURIST] Former top Senate staff lawyer Thomas Griffith [DOJ biography] won bipartisan support Thursday from the Senate Judiciary Committee [official website], putting him in line to become the first of President Bush's second term appellate nominees to be confirmed. The Committee voted 14-4 to send Griffith's nomination for a seat on the US Court of Appeals for the District of Columbia [official website] to the full Senate. Four Democratic senators voted in favor of Griffith, which would bring the final confirmation vote to 59, one shore of the 60 needed to avoid a filibuster. Democrats have blocked 10 of Bush's 52 appeals court nominees through the use of the filibuster. If confirmed, Griffith would take the place of blocked nominee Miguel Estrada [DOJ biography]. Several Democrats oppose Griffith because of his disregard for bar rules in Utah where he practiced without a license and the District of Columbia where he lost his license for a failure to pay bar dues. Opponents also cite his alleged hostility toward Title IX [text], the federal law against sex discrimination in college athletics. Griffith will most likely get the requisite votes in the Senate as Democrats have tended not to threaten filibusters on judicial nominees that can get Democratic votes. AP has more.


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Canadian hockey amateurs file suit to have Stanley Cup put in play
Amit Patel at 1:06 PM ET

[JURIST] A group of amateur hockey players in Canada called the "Wednesday Nighters" has filed a claim in Ontario Superior Court [official website] to determine whether who can play for the Stanley Cup [Wikipedia profile], the trophy traditionally awarded to the winner of the National Hockey League (NHL) [official website] playoffs. The amateurs are asking the court to clarify the terms under which nineteenth-century Canadian Governor-General Lord Stanley [historical profile] donated the Cup in 1892. The NHL season was cancelled in February due to a labor dispute [JURIST report]. The group's lawyer claims Lord Stanley's intention when he donated the cup was to have teams compete for and win the trophy every year. The group hopes to force Stanley Cup trustees Brian O'Neill and Ian Morrison to find teams to play for the Cup. O'Neill has already indicated that the Cup cannot be awarded for another competition due to an agreement with the NHL. The claim is scheduled to be heard on July 18, a month after the Stanley Cup is usually awarded; however, the group hopes to have the hearing moved up to May. AP has more.


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Democratic senator blocks EPA chief nomination
Chris Buell at 11:55 AM ET

[JURIST] Democratic Sen. Thomas Carper [official website], of Delaware, has placed a hold on the nomination of Stephen Johnson [official profile] as administrator of the Environmental Protection Agency [official website]. A spokesman for Carper said Thursday that the senator would exercise his power to block the nomination. All senators have the power to place a hold on a confirmation vote in the Senate. Carper cited the failure of the White House and EPA to respond to a request for data on legislative proposals for regulating emissions from power plants. Johnson, a 24-year EPA veteran, currently is acting administrator of the agency. Carper said he did not oppose Johnson, who he said would make a fine administrator. Instead, he expressed concern [official statement] over White House interference with management of the agency. Carper was the lone senator to oppose Johnson's nomination during a committee vote on Wednesday. AP has more.
Previously on JURIST's Paper Chase...


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BREAKING NEWS ~ Oregon Supreme Court nullifies same-sex marriage licenses
Chris Buell at 11:29 AM ET

[JURIST] AP is reporting that the Oregon Supreme Court [official website] has nullified 3,000 marriage licenses issued to same-sex couples last year. The decision reverses a court of appeals decision [JURIST report] upholding the licenses. Oregon voters approved [JURIST report] a constitutional amendment banning same-sex marriages in the state in the November 2004 election, but the marriage licenses at issue in the case were issued earlier in the year. Read the Court's opinion [text] in the case.
11:40 AM ET - In a unanimous opinion, the Court wrote: [W]e conclude as follows. First, since the effective date of Measure 36, marriage in Oregon has been limited under the Oregon Constitution to opposite-sex couples. Second, Oregon statutory law in existence before the effective date of Measure 36 also limited, and continues to limit, the right to obtain marriage licenses to opposite-sex couples. Third, marriage licenses issued to same-sex couples in Multnomah County before that date were issued without authority and were void at the time that they were issued, and we therefore need not consider the independent effect, if any, of Measure 36 on those marriage licenses. In short, none of plaintiffs' claims properly before the court is well taken. Finally, the abstract question whether ORS chapter 106 confers marriage benefits in violation of Article I, section 20, of the Oregon Constitution is not properly before the court. 12:10 PM ET - An AP story is now available online. Also, Oregon Gov. Ted Kulongoski has said that he will push for legislation [AP report] that would permit civil unions in the state for same-sex couples.


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ICTY presses Milosevic on calling world leaders as witnesses
Chris Buell at 11:26 AM ET

[JURIST] The International Criminal Tribunal for the Former Yugoslavia [official website] warned former Yugoslav President Slobodan Milosevic [ICTY case backgrounder; JURIST news archive] Thursday that he must speed up his attempt to call world leaders, including former President Bill Clinton, UK Prime Minister Tony Blair and German Chancellor Gerhard Schroeder, to testify at his war crimes trial. Milosevic has indicated that he would like call them as witnesses, but he has not begun the formalities necessary to do so, such as providing reasons why they should be called. Milosevic's court-appointed counsel has been asked to draw up the necessary documents. Presiding Judge Patrick Robinson has indicated the ICTY will issue the subpoenas if Milosevic complies with the procedure. However, prosecutors and the Court have indicated the trial, which began in February 2002, should be brought to a close as soon as possible. Milosevic is conducting his own defense, but the trial has been repeatedly delayed due to his lack of cooperation and poor health. Milosevic faces war crimes, genocide and crimes against humanity charges from his leadership of Yugoslavia during the 1990s and the Balkan wars. DPA has more.


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Corporations and securities brief ~ Lay fights spring trial date for personal fraud charges
Amit Patel at 11:16 AM ET

[JURIST] Leading Thursday corporations and securities law news, ex-Enron [corporate website; JURIST Hot Topic news archive] Chairman Ken Lay [Wikipedia profile] filed a motion with US District Court Judge Sim Lake asking for his trial on personal bank charges be moved to next year. Lay opposes the prosecutors with the Enron Task Force proposal for the trial to start in May or June. Prosecutors had used Lay's own comments [Lay press conference transcript] that he wanted a speedy trial in asking for the spring date. However, Lay feels a spring trial would be wasteful and inflammatory in light of the fraud charges [Indictment, PDF; SEC complaint, PDF] he faces in the bigger trial including ex-CEO Jeff Skilling [Wikipedia profile], and former top accountant Rick Causey. That trial is expected to take months to complete. Lay faces four personal bank fraud charges which allege he lied to banks about the use of $75 million in loans. Lay also wants his banking charges to be tried by Lake himself while the jury decides the Enron fraud case. Lay could face up to 30 years in prison for each of the bank fraud charges. Read the Lay motion [PDF] to have the trial moved. The Houston Chronicle has more and continuing coverage of the Enron trials.
In other news...- The SEC [official website] announced enforcement director Stephen Cutler will step down in a month to return to private practice as a lawyer. Cutler headed the SEC unit which brought civil actions against securities law violators since 2001. His unit led the investigations into companies including Enron, WorldCom, Adelphia, Qwest, Tyco, and HealthSouth. Read the SEC press release. Reuters has more.
- Energy company Kerr-McGee Corp. [corporate website] headed off a proxy battle with billionaire investor Carl Icahn [Wikipedia profile] by authorizing a tender offer to buy back $4 billion in stock, sell some assets and expand its hedging. The action is a result of talks between the two sides. Read the Kerr-McGee press release. Kerr-McGee will also drop its federal lawsuit against Icahn and his associates which alleged violations of federal antitrust laws and the company's bylaws in their efforts to buy more stock in Kerr-McGee and nominate their own directors to the company's board. Read the Kerr-McGee press release. AP has more.
- The Wall Street Journal is reporting [subscription req'd] British financial giant HSBC PLC [corporate website] has notified at least 180,000 people who used MasterCard credit cards to make purchases at Polo Ralph Lauren Corp. [corporate website] that criminals may have obtained their credit-card information. HSBC said the General Motors Corp.-branded MasterCard [corporate website], which is one of the most widely held credit cards in the US, should be replaced. This is the latest incident where personal information has been stolen from financial institutions. Dow Jones has more.
- Australian Prudential Regulation Authority (APRA) [official website] said it will investigate the Austrialian unit of Berkshire Hathaway Inc.'s [corporate website] General Re over its reinsurance practices. Specifically, the agency will investigate General Re's complex financial products in relation to financial and finite reinsurance and the marketing and promotion of those products. US regulators are already investigating General Re [corporate website] in connection with a reinsurance transaction with American International Group [corporate website]. Read the APRA press release. Reuters has more.
- GlaxoSmithKline PLC (GSK) [corporate website] could face an investor class-action lawsuit over allegations that the company covered up problems with its antidepressant drug Paxil [informational website], hurting some shareholders. The suit seeking class-action status will be filed in the US Distric Court for the Southern District of New York on the behalf of people who bought GSK shares between February 21, 2001 and August 5, 2004. Reuters has more.
Click for previous corporations and securities law news.


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Judge approves $21.9M award in Holocaust case
Brandon Smith at 10:40 AM ET

[JURIST] US District Judge Edward R. Korman [official profile] Wednesday approved a $21.9 million award to heirs of families whose bank holdings were allegedly concealed and stolen by Swiss banks looking to gain favor with invading Nazis. Holocaust survivors and their families had sued several Swiss banks and accused them of stealing, concealing or sending hundreds of millions of dollars worth of Jewish holdings to the Nazis, and further destroying bank records to cover the paper trail. In 1998, Judge Korman approved a $1.25 billion settlement and appointed the tribunal to process thousands of claims, but Wednesday's award was the largest by far handed down against the banks. So far, $254 million has been awarded to Holocaust survivors, with the average award at $130,000. AP has more.


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International brief ~ Nepal to hold municipal elections within a year
D. Wes Rist at 10:27 AM ET

[JURIST] Leading Thursday's international brief, King Gyanendra [official profile] of Nepal [government website] has announced that municipal elections will be held within a year to restore the nation to a truly democratic state. Gyanendra, speaking at the Nepalese New Year festival, said that the work of the security forces of Nepal in combating the 'menace of terrorism' and protecting the independence of the Nepalese people meant that there should be no delay in 'activating the democratic process.' Nepal has been without elected officials since King Gyanendra declared a state of emergency [JURIST report] on February 1 and sacked the previous elected government. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Kantipur Online has local coverage.
In other international legal news ...- Two journalists for the UK-based paper The Daily Telegraph [media website] were ordered to be released from state custody in Zimbabwe [government website] Thursday after a court held that the men were not operating as illegal journalists. Toby Harnden and Julian Simmonds were arrested in Zimbabwe in March for alleged covering the national elections without a journalist license. Counsel for the two men asserted that they were acting as ordinary tourists who kept a travel journal and took photographs. Magistrate Never Diza held that the government had not established a case against the two men, but said that there was still the question of whether they had overstayed their visas. Zimbabwe's restrictive foreign press laws forbid permanent foreign journalist coverage and require all journalists to have specialized, state-approved licenses. Diza ordered the two released, overriding a previous government order that had stayed the earlier ordered release of the two men. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. BBC News has local coverage.
- South Korean President Roh Moo-hyun [official profile] Thursday warned against using economic sanctions against North Korea [government website] as a tool to force the nation to participate in the Six-Party Nuclear Disarmament Talks at a meeting Thursday in Germany. Roh warned that adding pressure to the intransigent nation could only lead to more hostility, stating that sanctions should only be used when there was no hope left of N. Korea voluntarily returning to the table. Roh said that China's current pressure on N. Korea to participate was a sign of hope, and that the real difficulty lay in resolving the lack of trust between the US and N. Korea. Roh has expressed caution about the use of sanctions before, but this is the first time he has expressly denounced them. The US has said that it would petition the UN Security Council to impose sanctions if N. Korea refuses to participate in the negotiations. Chosun Ilbo has local coverage.
- Indonesia [government website] has taken South Korea [government website] to the World Trade Organization [official website] over allegations made by South Korea that Indonesia was exporting its wood-free copy paper products at dumping [Wikipedia entry] prices. South Korea instituted a percentage fee for all paper products entering the country from Indonesia, a move Indonesia claims has resulted in a $35 million (USD) loss in profits. The Dispute Settlement Body [WTO backgrounder] of the WTO hears commercial disputes between nations and makes rulings that are binding on parties. The DSB is expected to comment on Indonesia's alleged dumping this August. The Jakarta Post has local coverage.


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Environmental brief ~ Canada unveils Kyoto Protocol compliance plan
Tom at 10:15 AM ET

[JURIST] In Thursday's environmental law news, the Canadian government [official website] has revealed its plan [text,PDF] to reduce greenhouse emissions in accordance with the Kyoto protocol. The plan, called Project Green[official website], aims at reducing Canada's greenhouse emissions by 270 megatonnes a year by 2012. Critics say the plan is too costly and may not necessarily result in cleaner air in Canada. It includes steps such as: buying greenhouse gas reductions from farmers, businesses, communities, and other countries; new infrastructure projects such as an east-west power grid; tougher emission regulations for oil and gas, electric generation, mining and manufacturing industries; increased automobile emissions controls; and more money on voluntary energy reduction programs and education. Canadian Press has more.
In other news,- The European Parliament [official website] approved rules [EU press release] Wednesday that will require computers, stereo systems, washing machines, lights, air conditioning and boilers to be designed with a focus on conserving energy. The new rules come after discussions between legislators and various manufacturers of the household appliances, and will take effect across the EU in 2007. Reuters has the full story.
- The Washington State Senate [official website] has passed a bill [text] that would impose tighter restrictions on emissions of toxic and smog-causing chemicals from new cars and would force fuel-efficiency improvements to reduce greenhouse gas emissions from new cars sold in Washington state starting in 2009. The bill adopts many of the new California rules of automobile emissions, but unlike the CA rules does not impose a sales quota on clean or hybrid cars for auto dealers. The Seattle Times has the full story.
- The California State Assembly's Environmental Safety and Toxic Materials Committee [official website] has approved a bill (AB 289) [text] that would require manufacturers to provide the state with the analytical methods for detecting their chemicals in air, water, soil, and the human body. Currently, manufacturers may put chemicals on the market before detection methods have been developed, and government agencies are forced to develop these methods themselves. The bill now goes to the Assembly Appropriations Committee. Environment California has a press release.


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Connecticut House passes same-sex civil union bill with marriage amendment
Brandon Smith at 10:12 AM ET

[JURIST] Following the state Senate's passage of a similar bill [JURIST report] last week, the Connecticut House passed legislation 80-67 late Wednesday allowing same-sex civil unions but adding an amendment specifically defining marriage as the union of a man and a woman. In a statement [text], Gov. M. Jodi Rell approved of the passage and called the bill "a stronger and clearer" piece of legislation that she vowed to sign if senators sign off on the amended version. If the Senate signs off when they take up the issue next week, Connecticut would become the first state to voluntarily establish civil unions without court pressure. AP has more.


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BREAKING NEWS ~ Three indicted in UN oil-for-food scandal
Amit Patel at 9:37 AM ET

[JURIST] AP is reporting that a Texas businessman and citizens of Bulgaria and Britain have been indicted in connection with the United Nations Oil-for-Food Program [official website] scandal according to US Attorney David N. Kelley [official website]. Kelley has scheduled a late-morning news conference to announce the unsealing of the indictment, which includes two companies operated by the Texan. A criminal complaint charging a South Korean citizen with conspiracy to act as an unregistered government agent in the US for the Iraqi government's effort to create the oil-for-food program will also be unsealed.
2:05 PM ET - Those charged under the first indictment [PDF] have been named as David B. Chalmers, owner of Bayoil (USA) Inc.; Ludmil Dionissiev, a Bulgarian citizen and permanent US resident, and Englishman John Irving. Chalmers and Dionissiev were arrested in Houston Thursday morning; Irving will be sought from the UK by extradition. The group is accused of paying millions of dollars in kickbacks to the Saddam Hussein regime and defrauding the UN Oil-for-Food program. The South Korean named in the unsealed criminal complaint [PDF] is Tongsun Park, charged with conspiring to act as an agent for the Iraqi government in the US. Read Kelley's press conference statement on Chalmers [PDF] and Park [PDF]. AP has more.


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DeLay apologizes for judiciary remarks, asks for new investigation
Amit Patel at 9:19 AM ET

[JURIST] House Majority Leader Tom DeLay [official website] apologized Wednesday for saying federal judges are "responsible" for the death of Terri Schiavo [JURIST news archive] and reiterated his belief in the importance of an independent judiciary. DeLay has nonetheless asked the House Judiciary Committee [official website] to investigate the judges who declined to order Schiavo's feeding tube be reinserted for and indicated the committee could recommend impeachment for judges involved in the case. DeLay did not say whether the Supreme Court should be part of the inquiry. Democrats say the request violates the separation of powers, abandons the principles of limits to govermental powers, and could set a dangerous precedent which allows Congress to investigate judges with which it does not agree. No timetable has been set for the investigation. The Boston Globe has more.


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UN rights commission condemns Israel, to vote on abuses in Sudan, Cuba
Amit Patel at 8:56 AM ET

[JURIST] The UN Human Rights Commission [official website] passed a resolution Thursday condemning Israel's settlements on Palestinian territories by 39-2, with 12 abstentions. The resolution called for the Israeli government to reverse the policy and to take measures meant to guarentee the safety of Palestinian civilians. The group is later expected to vote on resolutions condemning abuses in Belarus, Cuba, Sudan, Myanmar and North Korea. The Sudan resolution may be quite contentious, as some African countries may introduces a "no-action" motion. The commission did not issue a formal condemnation to Sudan over the Darfur conflict [BBC in-depth] last year. As reported Wednesday in JURIST's Paper Chase, the Commission will also consider a US-sponsored resolution condemning Cuba's human rights record and also requests that the country's human rights record be kept under observation. If the resolution passes, Cuba may counter by introducing a resolution condemning the US treatment of prisoners at Guantanamo Bay [Wikipedia profile]. AP has more.
1:30 PM ET - The United Nations Commission on Human Rights censured North Korea for widespread and grave violations including torture, executions and forced abortions. The commission voted 30-9, with 14 abstentions, including South Korea, in favor of the resolution and urged the government to cooperate with its special investigator, Vitit Muntarbhorn. The North Korean delegation offered a sharp rebuke at the commission accusing the forum of "politicisation, selectivity and double standards." Reuters has more.


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Gaza settlers hire lawyers to coordinate withdrawal
Amit Patel at 8:39 AM ET

[JURIST] The Gaza Strip Regional Council has authorized a team of 100 lawyers and assessors to negotiate with the Israeli government about moving Gaza strip settlers as a group to the coastal area of Nitzanim in southern Israel [Haaretz report]. When Prime Minister Ariel Sharon [official website] announced his plan to withdraw from the the Gaza Strip, settlers indicated they would resist the plan. However, the council's decision indicates a weakening in the settlers' position. The Israeli government has also announced that the first compensation payments to settlers has finally been sent. Settlers will receive 75 percent before the move, with the remainder to be paid after they leave their homes. The payments were delayed because of parliamentary opposition to the withdrawal plan. Despite the signs of progress, many settlers are still opposed to the plan which security officials worry could lead to violent outbursts. The evacuation is expected to be completed in a four-week timetable starting in July. Israel's Ministry of Foreign Affairs provides extensive documentation on the disengagement plan. AP has more on the Gaza lawyers.


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Yukos state prosecutor gets new five-year term
Amit Patel at 8:19 AM ET

[JURIST] Russian prosecutor general Vladimir Ustinov [MosNews profile] has won a new term in office. Ustinov has recently led the Russian government's legal charge against businessmen Vladimir Gusinsky [Wikipedia profile], Boris Berezovsky [Wikipedia profile] and former Yukos CEO Mikhail Khodorkovsky [BBC profile; JURIST news archive]. Ustinov, whose term has coincided almost exactly as that of President Vladimir Putin [official website], overwhelmingly won re-approval by the Russian upper house. Ustinov says he will continue to pursue tough policies against crime and corruption, a statement taken to mean that there would be no let-up in government crackdowns - said by some to be politically-motivated - on business and militant leaders. Ustinove also made headlines when he suggested that Russian forces should take Chechen rebels' relatives hostage as a result of the Beslan tragedy in which 330 people died. He also is refusing to drop bribery charges against Yulia Tymoshenko [BBC profile], prime minister of the Ukraine, who on Wednesday canceled a planned state visit to Russia as a result [JURIST report]. Reuters has more.


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UN calls human rights situation in Colombia critical
Amit Patel at 8:01 AM ET

[JURIST] The United Nations said Wednesday in an annual report by its High Commissioner for Human Rights [official website] that Colombia's human rights situation had become critical in 2004, citing instances of torture and murder by the country's illegal armed groups as well as members of the state security forces. The report identifies the main violators to be left-wing guerrilla groups and far-right paramilitary militias who are fighting over control of the cocaine industry. However, the report also identifies killings and forced displacements by government security forces acting in concert with the paramilitaries. The report called on the government to increase human rights training for the police and armed forces as a way to reduce abuses and violence. The UN also demanded Colombia's guerrillas and paramilitaries free everyone they have kidnapped and turn over their arms. The Colombian government [Colombian Presidency website, in Spanish] responded to the report by saying it "noted the concerns expressed in the high commissioner's report, some of which are being urgently addressed." Read the UN press release summarizing the report and responses to it. Read the Colombian government press release in response [in Spanish], suggesting that the UN "recognized Colombia's advances in human rights." Reuters has more.


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Legal agenda and live webcasts ~ Thursday, April 14
Chris Buell at 12:01 AM ET

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Thursday, April 14.
The US Senate [official website] convenes at 9:30 AM ET today, when it will consider H.R. 1268 [bill summary], the Iraq/Afghanistan Supplemental Appropriations bill. Watch a live webcast of the session. The Senate Judiciary Committee [official website] Immigration, Border Security and Citizenship and Terrorism, Technology and Homeland Security Subcommittees are holding a hearing at 2:30 PM ET today to examine deportation and related issues relating to strengthening interior enforcement. Watch a live webcast of the hearing.
The US House [official website] convenes for legislative business at 10 AM ET today, when it will consider S. 256 [bill summary], the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Watch a live webcast of the session.
The European Parliament [official website] continues its plenary session at 9 AM local time [3 AM ET] today. View the agenda for the session. Watch a live webcast of the session.
The UN General Assembly [official website] is holding its 92nd plenary meeting at 10 AM ET today. Watch a live webcast of the meeting.
At the International Criminal Tribunal for the Former Yugoslavia, a status conference will be held in the trial of Slobodan Milosevic [ICTY case backgrounder] at 8:30 and 10:35 AM local time [2:30 and 4:35 AM ET], followed by the actual trial at 12:40 PM local time [6:40 AM ET]. Also today, the trial of Fatmir Limaj and others [ICTY case backgrounder] continues today at 2:45 PM local time [8:45 AM ET]. Watch a webcast of proceedings.


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