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 Legal news from Monday, February 05, 2007 |
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Monday, February 05, 2007 |
Portugal to conduct probe of CIA extraordinary rendition flights
Caitlin Price at 8:29 PM ET
[JURIST] Portugal is the latest country to open an investigation into alleged stopovers of secret CIA rendition flights [JURIST news archive] transporting terror suspects, according to a report from state-owned news agency Lusa [media website, in Portuguese] Monday. Last month, a report [DOC text] adopted by a European Parliament (EP) [official website] special committee alleged that some EU nations knew about CIA activity in Europe, including the existence of secret flights and CIA-operated secret prisons [JURIST news archive]. While there was no direct evidence that Portugal was used as a stopover, an EP deputy met with Portuguese Attorney General Candida Almeida [official website, English version] last week to share witness testimony that CIA planes landed in Portugal en route to Guantanamo Bay [JURIST news archive], among other destinations. EP deputy Ana Gomes said she offered statements to Almeida that documented accounts of handcuffed prisoners at Portugal's Azores Islands airport. The attorney general's decision to move forward with a formal investigation comes a week after Foreign Minister Luis Amado [official profile] said that a lack of evidence meant no further probe would be conducted. AP has more.
January's EP report concluded that "over one thousand CIA-operated flights used European airspace from 2001 to 2005 and temporary secret detention facilities 'may have been located at US military bases' in Europe" and criticized "the passivity of some Member States in the face of illegal CIA operations." The report will be presented to the full EP for a vote in February. The EP also found that 16 EU countries cooperated with the CIA [JURIST report] "passively or actively" in the transport and illegal detention of prisoners. Among the implicated nations is England, which in January admitted knowledge of a CIA prison network [JURIST report] before its existence was publicly acknowledged by President Bush.
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Ukraine president takes bill expanding cabinet power to Constitutional Court
Caitlin Price at 7:41 PM ET
[JURIST] Ukrainian President Viktor Yushchenko [official website; BBC profile] announced Monday that he has appealed to the country's Constitutional Court [official website] a recently-passed bill he fears will illegally expand the cabinet's power at the expense of the presidency. The law, effective February 2, was supported by 366 of 370 members of the Ukrainian parliament, the Verkhovna Rada [official website]. Yushchenko alleges that the bill effectively enables ministers led by Prime Minister Viktor Yanukovych [BBC profile] to usurp power as it allows a parliamentary majority to nominate the prime minister and cabinet ministers. The bill was first enacted [JURIST report] on December 21 and given to Yushchenko for review, but a parliamentary vote rejected all of the President's 42 proposed amendments. In January, Yushchenko refused to sign the law, which then moved forward under Article 94 of the Ukrainian Constitution [text], which gives power to the parliamentary speaker to sign a bill approved by a two-thirds majority into law. A compromise [JURIST report] on the bill was announced by Yanukovych in late January, but that now appears to have been premature. RIA Novosti has more.
The high court appeal adds to the tension between political arch-rivals Yushchenko and Yanukovych [JURIST report], who received Russia's backing in a bitter presidential race [JURIST report] against Yushchenko in 2004. The election had to be re-run after mass protests and allegations of fraud, precipitating Ukraine's so-called Orange Revolution [Wikipedia backgrounder]. In the wake of political reverses, Yushchenko was forced to appoint Yanukovych as premier last year.
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Former Westar CEO gets 24 months for bank fraud at resentencing
Caitlin Price at 6:22 PM ET
[JURIST] Former Westar Energy [corporate website] CEO David Wittig [Wikipedia profile] was resentenced Monday to 24 months in prison, his third sentencing for charges stemming from a 2002 indictment [PDF] on bank fraud, money laundering and conspiracy. In July 2003, Wittig was given 51 months in prison; that sentence was vacated [opinion, PDF] by the US Tenth Circuit in February 2006 for errors in computing his sentencing level. On remand, US District Judge Julie Robinson [official profile] issued a 60-month sentence, which was overturned [opinion, PDF] in November 2006 on similar grounds. Robinson also presided over Monday's decision, which she found to be appropriate in terms of deterrence and in comparison to the sentence given to co-defendant Clinton Odell Weidner II.
The bank fraud charges stem from a 2001 loan transaction in which Weidner, then president of Topeka's Capital City Bank, illegally increased Wittig's credit line for a joint real estate investment. In a separate case, Wittig and former Chief Strategy Officer Douglas Lake were found guilty [JURIST report] in 2005 of fraudulently taking millions of dollars from Westar, the largest electric utility in Kansas. Witting was found guilty of 39 counts and Lake of 30 counts on charges that included conspiracy, wire fraud and money laundering; they were sentenced to 18 years and 15 years, respectively. The sentences were reversed [opinion, PDF] in January by the Tenth Circuit; the defendants may still be retried on conspiracy and forfeiture. Wittig has been imprisoned for over a year after violating the terms of his release [JURIST report] in January 2006. The Kansas City Star has more.
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Court-martial begins for US Army officer protesting 'illegal' Iraq war
Brett at 3:01 PM ET
[JURIST] The court-martial of 1st Lt. Ehren Watada [advocacy website; JURIST news archive] began Monday on charges of missing movement and conduct unbecoming an officer for Watada's refusal to be deployed [JURIST report] to Iraq with his military unit. The court-martial is being held at Fort Lewis outside of Seattle and Watada faces up to four years' imprisonment if convicted on the charges.
Watada, a 28-year-old Honolulu native who is the first commissioned officer in the US military to publicly refuse deployment to Iraq, refuses to be classified as a conscientious objector because he does not object to war in general, just to the "illegal" war in Iraq. He offered to serve in Afghanistan, but the US Army refused. His vocal protests and participation in rallies by Veterans for Peace [advocacy website] and Courage to Resist [advocacy website] led to the charges of conduct unbecoming an officer and the original charge of contempt toward officials. Last month, a US military judge ruled that Watada may not argue the legality of the war [JURIST report] as part of his defense during his court-martial. AP has more.
5:18 PM ET - Watada has pleaded not guilty to the charges. Reuters has more.
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White House 2008 budget hikes DOJ funds for fighting terror, violent crime
Brett at 2:42 PM ET
[JURIST] The White House's proposed 2008 budget [budget website; table of contents] of $2.9 trillion released Monday allocates [DOJ budget summary] $21.8 billion for the Department of Justice, including a $227 million increase in anti-terrorism funding, a $214 million increase for Preventing Violent Crime, and an $89 million increase for Drugs and Border Security. "For those of us at the Department of Justice, every day is September 12th, and every day requires a sustained commitment to combating terrorism and protecting our homeland," Attorney General Alberto Gonzales said in a DOJ press release [text] on Monday.
Opponents have already attacked Bush's proposed budget, claiming it will increase debt. The president defended proposed increases as necessary to ensure safety against terrorist threats, and to continue to advance the nation's economy. Last month, several DOJ agencies announced freezing or slowing recruitment and hiring [JURIST report] due to Congress' failure to approve requested 2007 budget increases. AP has more
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DOJ to implement sweeping new DNA data collection rules
Brett at 1:27 PM ET
[JURIST] The US Department of Justice (DOJ) [official website] is planning to follow up on a 2006 amendment [text, PDF] to the 1994 Violence Against Women Act with measures that would allow DNA samples to be taken from the majority of people arrested by federal agents, including illegal immigrants, the New York Times reported Monday. Supporters of the new rules, such as Lynn Parrish of the Rape, Abuse and Incest National Network [advocacy website], believe that bigger DNA databases will help to prevent crime. A spokesperson for the Innocence Project [advocacy website], however, expressed concerns that the new rules may be overly broad, telling the Times that "it becomes intrusive when the government begins to mine our most intimate matters."
DNA samples are currently only taken from people convicted of felonies. The new DNA procedures would be similar to current fingerprinting practices, and would be routine during booking. Dow Jones has more.
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Judge allows public release of Libby grand jury recordings
Katerina Ossenova at 12:40 PM ET
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German high court rejects police computer hacking in criminal investigations
Alexis Unkovic at 12:06 PM ET
[JURIST] The German Federal Court of Justice [official website, in German] ruled [text, in German] Monday that police in Germany [JURIST news archive] are not permitted to secretly access computer and Internet data stored on suspects' computers without proper authorization. The German high court held that police hacking is illegal because no legal framework currently exists to legitimize the activity. Officials may now press for changes to the German criminal investigation procedure to allow police hacking. Police reportedly employ the practice of hacking into suspects' computers to investigate alleged sex offenders [Deutsche Welle report] and their viewing of Internet child pornography.
In the US, Attorney General Alberto Gonzales [official profile] has pushed for Internet service providers to retain user records [JURIST report] to aid US Justice Department investigations into child pornography. Deutsche Welle has more.
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Prosecution risk for journalists growing in Middle East: CPJ
Alexis Unkovic at 11:34 AM ET
[JURIST] Journalists increasingly face the potential of government prosecution and imprisonment when they choose to report on the activities of ruling governments in the Middle East, according to a new worldwide survey ["Attacks on the Press in 2006" text] released Monday by the Committee to Protect Journalists (CPJ) [advocacy website]. CPJ, an international press freedom group, claims there has been a decrease in press freedom in the Middle East in recent years that directly corresponds with US President Bush's unsuccessful attempts to promote democracy in the region, particularly in Iraq [CPJ report backgrounder].
In December 2006, CPJ released [JURIST report] a related report [text] in which it claimed that the number of journalists imprisoned for their writings increased for the second year in a row in 2006 with Internet journalists or bloggers comprising one-third of those jailed. China currently leads the world with 31 imprisoned journalists [JURIST news archive], while three American journalists are currently imprisoned, including AP photographer Bilal Hussein [AP report] and Aljazeera cameraman Sami al-Haj [CPJ report]. AP has more.
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Apple, Beatles make trademark dispute deal
Alexis Unkovic at 10:42 AM ET
[JURIST] Apple Inc. [corporate website] and Apple Corps Ltd. [corporate website], the record label owned by the Beatles and their families, announced [press release] Monday they have reached a new compromise that replaces their 1991 trademark agreement [text] and resolves the prolonged trademark dispute over Apple Inc.'s use of the name "Apple" and its corresponding logos. The new agreement reportedly ends the ongoing lawsuit [BBC Q/A] between the two entities and provides for Apple Inc. to take ownership of the pertinent "Apple" trademarks, while agreeing to license them back to Apple Corps. Apple Corps. previously sued the computer company in the UK, arguing that the online iTunes music store [product website] violated the terms of the 1991 agreement. In May, the UK High Court ruled [JURIST report] Apple Inc. had not breached the terms of the 1991 agreement. AP has more. CNET News has additional coverage.
In a separate trademark dispute involving the computer company, Cisco [corporate website] filed a lawsuit [JURIST report; press release] last month against Apple, Inc. alleging trademark infringement based on Apple's use of the name "iPhone," to which Cisco has held the trademark since 2000. The two companies failed to reach an agreement before Apple CEO Steve Jobs unveiled [recorded video; press release] Apple's iPhone [product website] January 11.
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Bangladesh ex-ministers accused of corruption
Katerina Ossenova at 9:38 AM ET
[JURIST] Eight former Bangladeshi ministers face allegations of corruption Monday after Bangladeshi security forces arrested 13 former ministers and senior politicians [JURIST report] in raids in Dhaka Sunday. The government cited recently promulgated emergency powers as the basis for the detentions. Human rights groups and the country's two main political parties, the Awami League (AL) [party website] and the Bangladesh Nationalist Party (BNP), are protesting the high profile arrests [IPS report] since the 13 ministers and politicians were all picked up from their homes without any arrest warrants. Human Rights Watch (HRW) [advocacy website] has issued a warning about the arbitrary killings by security forces and urged [press release] that "arrests must be carried out in accordance with the law and due process."
Bangladesh [JURIST news archive] has been in political turmoil since former prime ministers Khaleda Zia and Sheikh Hasina began feuding over proposed electoral reforms. After the disagreements led to violent street protests [BBC report] that killed 34 people, Bangladeshi President Iajuddin Ahmed [Wikipedia profile] declared a state of emergency [JURIST report] in the country January 11. In the immediate aftermath of the emergency declaration, Bangladeshi authorities detained over 2500 people [JURIST report] and raided the homes of several political leaders. National elections had been scheduled for January 22 but have been postponed indefinitely. AFP has more. The Daily Star has local coverage.
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France foreign minister decries illegal use of child soldiers as global conference opens
Katerina Ossenova at 8:59 AM ET
[JURIST] French Foreign Minister Philippe Douste-Blazy [official profile] Monday cautioned countries against the illegal and unacceptable use of child soldiers in armed conflicts at the opening of Free Children from War [conference materials], a two-day global conference in Paris drawing together representatives from about 60 nations. Hosted by the French Foreign Ministry [official website] and UNICEF [official website], the conference is directed at formal adoption of the so-called Paris Commitments and provide political support for the dissemination and acceptance of the more extensive Paris Principles [text, PDF], which propose to update the 1997 Cape Town Principles recommending actions to be taken by governments and communities in affected countries to end that violation of children's rights. According to UNICEF Executive Director Ann Veneman, the estimated 250,000 children [press release] recruited by armed forces and armed groups are "used as combatants, messengers, spies, porters, cooks, and girls in particular are forced to perform sexual services, depriving them of their rights and their childhood." Experts say that girls comprise up to 40 percent of child recruits and that twelve countries have used child soldiers on a massive scale. Over 95,000 child soldiers who have taken part in armed conflicts in Afghanistan, Colombia, Uganda, Somalia, Sri Lanka and Liberia have participated in reintegration programs since 2001.
In 2005, the UN Security Council [official website] adopted Resoluton 1612 [text] authorizing the UN to closely scrutinize and keep track [JURIST report] of all countries and rebel organizations that abuse children in any way or recruit children as soldiers [UN press release]. BBC News has more. AP has additional coverage.
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France official warns against 'permanent repentance' for Algeria colonial crimes
Katerina Ossenova at 8:39 AM ET
[JURIST] French Foreign Minister Philippe Douste-Blazy [official profile] warned Monday against apologizing for crimes committed during France's colonization of Algeria. His comments came in response to remarks made Sunday by prominent a French Socialist Party (PS) [official website] leader who called on France to recognize its crimes [JURIST report] in colonial Algeria [JURIST news archives], including the alleged massacres of 45,000 Algerians demanding independence at the end of World War II. Speaking at a conference in Algiers on Sunday, Jack Lang [Wikipedia profile], a special advisor to PS presidential nominee Segolene Royal [BBC profile], emphasized that recognition through such acts as revising school textbooks to more accurately reflect the colony's history are ultimately more valuable than an official apology. While Douste-Blazy warned against a "permanent repentance," he did endorse a growth of French investment in Algeria.
France ruled the North African country for more than 130 years. After eight years of conflict costing 1.5 million lives during the Algerian War of Independence [backgrounder], France relinquished control of Algeria in 1962 and the two countries have since worked on improving relations. Algeria first called for a French apology [JURIST report] in 2005, after France strained ties by approving a law [text in French; Guardian report] requiring French history teachers to stress the "positive role of the French presence overseas, especially in North Africa." The law was later rejected by French President Jacques Chirac [BBC profile], but not before delaying a reconciliation treaty. More recently Turkish lawmakers objecting to French legislation that would make it illegal to deny that Turkish killings of Armenians during World War I was genocide have threatened to adopt a retaliatory measure [JURIST report] that would label the French killings of Algerians as genocide and make it illegal to deny that the French were responsible for the killings. Last November Algerian President Abdelaziz Bouteflika [BBC profile] called for France to apologize for and to acknowledge [JURIST report] its colonial crimes. AP has more.
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Vietnam rights lawyers arrested after hosting first public training session
Holly Manges Jones at 8:09 AM ET
[JURIST] Two human rights lawyers in Vietnam [JURIST news archive] were ordered to return to a police station for additional questioning Monday after they were detained over the weekend for hosting a discussion on human rights law. Nguyen Van Dai and Le Thi Cong Nhan were arrested at Dai's office on Saturday where the training was taking place and were released on Sunday after police spent two days searching their homes and offices. The two held a similar training session for university students last month, which was the first known public human rights [JURIST news archive] training in the communist country.
Pro-democracy groups in Vietnam have increasingly begun to work together, though the Vietnamese government has worked to keep news of the groups out of the press. Last year, the US and Vietnam ended a three-year suspension [JURIST report] on talks regarding human rights and religious freedoms [HRW backgrounder] in the country, which began when the US cancelled the annual Human Rights Dialogue with the Government of Vietnam in 2003 due to a lack of progress on the issues. BBC News has more.
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Hyundai chairman convicted of embezzlement
Holly Manges Jones at 7:46 AM ET
[JURIST] The chairman of Hyundai Motors Group [corporate website] was convicted Monday of embezzling company funds [JURIST report] and allegedly using secret accounts to bribe politicians in South Korea [JURIST news archive]. Chung Mong-koo [Wikipedia profile] received a three-year prison sentence despite prosecutor petitions for a six-year prison term. Judge Kim Dong-oh ruled that the lesser prison sentence was appropriate because of Chung's significant contributions to the South Korean economy through his operation of the country's largest automaker.
Chung's lawyers said he plans to appeal the court's verdict and is currently out on bail. Three other Hyundai executives were given suspended sentences after being convicted of similar charges in the scandal. AP has more.
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Russia prosecutors file new money laundering charges against Khodorkovsky
Holly Manges Jones at 7:10 AM ET
[JURIST] Russian prosecutors have brought new money laundering charges [MBK statement; JURIST report] against former Yukos [corporate website] CEO Mikhail Khodorkovsky [defense website; JURIST news archive], his lawyers said Monday. Khodorkovsky was convicted in May 2005 of tax evasion [JURIST report] and sentenced to eight years in prison. The Russian government effectively nationalized Yukos to pay off $33 billion in back taxes and Khodorkovsky's lawyers have insisted that legal actions against their client have been politically motivated.
Meanwhile, five lawyers representing Khodorkovsky and his business partner, Platon Lebedev [defense website], were detained at an airport in Moscow Sunday while they were on their way to visit their clients at a prison in the Siberian city of Chita [JURIST report]. Yuri Schmidt, one of Khodorkovsky's lawyers, said he and the other lawyers were held by police at the Domodedova airport for approximately one hour without being given any explanation. The lawyers were in route to Chita after being informed that prosecutors planned to file the new charges on Monday based on allegations that Khodorkovsky used his Open Russia Foundation [SourceWatch backgrounder] to funnel oil revenues away from Yukos. If convicted, Khodorkovsky could face an additional 15 years in prison, effectively ending his eligibility for parole this year. BBC News has more. AP has more.
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