JURIST - Paper Chase: Friday, June 29, 2007

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Legal news from Friday, June 29, 2007

Guantanamo military judge refuses to reinstate case against Khadr
EU overhauls terror blacklist procedures after court annulled asset freeze
Iraq Sunni ministers boycott cabinet to protest arrest warrant against minister
UN urges continued donations for Sierra Leone war crimes court
Sudan urged to overhaul rape laws
Arizona court allows suit against governor over implementation of Proposition 200
Poland, EU leaders disagree over landmark EU reform deal
Liberia truth commission work delayed due to lack of funds
Supreme Court to hear Guantanamo Bay detainee habeas cases
China adopts new labor contract law
US court sentences partner of former Russian nuclear minister
Pakistan high court grants bail to same-sex couple jailed for perjury
US, Red Cross press Myanmar on human rights

Friday, June 29, 2007

Guantanamo military judge refuses to reinstate case against Khadr
Mike Rosen-Molina at 6:48 PM ET

[JURIST] A military judge at Guantanamo Bay Friday declined to revive charges against Guantanamo detainee Omar Ahmed Khadr [TrialWatch profile; JURIST news archive]. Judge Peter E. Brownback, III reiterated his June ruling [order, PDF] that since the Combatant Status Review Tribunal [DOD materials] that reviewed Khadr's status had not found him to be an "unlawful enemy combatant" as required under the Military Commissions Act of 2006 [PDF text], charges against Khadr had to be dismissed for lack of jurisdiction [JURIST report]. Brownback found [PDF text] that a plea for reconsideration by the prosecution did not offer any change in the facts or law since his June 4 dismissal. There is some question about whether the decision can be appealed, but Brownback said that determination was up to "an appellate court."

Khadr, formally charged [charge sheet, PDF; JURIST report] in April with murder, attempted murder, conspiracy and providing material support for terrorism, as well as spying, was 15 years old when he was detained in 2002. Khadr allegedly threw a grenade that killed one US soldier and wounded another while fighting with the Taliban in Afghanistan. He has remained in US custody despite the dismissal of charges. SCOTUSblog has more.

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EU overhauls terror blacklist procedures after court annulled asset freeze
Gabriel Haboubi at 3:10 PM ET

[JURIST] The Council of the European Union [official website] Friday released changes made to the procedure used in establishing and maintaining its list of terrorist entities. The revisions [press release, PDF] include a plan to send "letters of notification" to listed parties, who are subject to having their assets frozen, to explain why the individual or group was included on the list. Groups may also challenge their inclusion on the list through the European Court of First Instance [official website]. Finally, the council established [official mandate and working methods, PDF] a new Council Working Party to make list-related recommendations to the council.

The revisions were made in response to the Court of First Instance annulling the asset freeze [JURIST report] of Iranian opposition group People's Mojahedin Organization of Iran (PMOI) [organization website; Wikipedia backgrounder], after the group launched a legal challenge to their placement on the list. The court said that the decision to freeze PMOI's assets was made without giving the group a fair hearing, and without giving a "sufficient statement of reason." AFP has more.

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Iraq Sunni ministers boycott cabinet to protest arrest warrant against minister
Michael at 2:23 PM ET

[JURIST] Four Sunni members of the Iraqi cabinet will boycott cabinet meetings to protest the arrest warrant [JURIST report] issued for Culture Minister Asad Kamal al-Hashimi, a Sunni politician said Friday. Ayad Al-Samarraie, a leading figure in Sunni parliamentary coalition Iraqi Accordance Front [BBC backgrounder], said that the arrest warrant was part of a sectarian effort to remove Sunni leaders. The four cabinet members say they will not return until Iraqi Prime Minister Nouri al-Maliki [BBC profile] intervenes. Al-Maliki has denied that the warrant was politically motivated, and refused to terminate the arrest warrant on judicial independence grounds.

Al-Hashimi, who is currently hiding from Iraqi security forces, is the first member of the Iraqi cabinet to face an arrest warrant. Iraqi security officials have accused al-Hashimi of masterminding an assassination attempt against another parliamentary candidate in February 2005. AP has more.

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UN urges continued donations for Sierra Leone war crimes court
Gabriel Haboubi at 2:11 PM ET

[JURIST] The United Nations Security Council called for continued international financial support [press release and statement] of the UN-backed Special Court for Sierra Leone (SCSL) [official website; JURIST news archive] Thursday. The 15-member group also welcomed the start of the trial against former Liberian President Charles Taylor [BBC profile; JURIST news archive] and applauded the court for handing out its first judgments [JURIST report] last week. The Security Council said an international effort was needed to ensure "remaining fugitive indictee" Johnny Paul Koroma [Trial Watch profile] is brought before the court. Authorities are still searching for Koroma, despite unsubstantiated reports of his death in 2003.

SCSL President George Gelaga-King briefed the Security Council on the court's financial situation on June 8. King asked for international financial support [press release, PDF], and warned that the court's available funds will be exhausted by November 2007. The court has been operating both in Freetown, Sierra Leone, as well as in The Hague, where Charles Taylor was transferred [JURIST report] for security reasons. Taylor's trial has already suffered multiple delays [JURIST report]. The UN News Service has more.

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Sudan urged to overhaul rape laws
Gabriel Haboubi at 2:02 PM ET

[JURIST] Humanitarian group Refugees International [advocacy website] Friday released a report [PDF text] documenting flaws in Sudanese law that leaves rapists unpunished and allows the prosecution of rape victims [press release] for sex outside marriage. According to the report, government soldiers and sanctioned militias are often the perpetrators, but laws in Sudan [JURIST news archive] grant immunity to members of the military, security forces, and police officers. The report also says that prosecutors are more likely to instead charge victims who reported the rape. Women who cannot prove that the sex was nonconsensual can be charged with adultery, and lashed or stoned as punishment. Rapes in Sudan have drastically increased, and the crime is described by Refugees International as being "one of the hallmarks" of the conflict in Darfur [JURIST news archive]. Many militia members committing atrocities in Darfur are affiliated with government forces, and are therefore immune from prosecution.

Refugees International urged the government to acknowledge the problem, forbid prosecution for adultery when victims have alleged rape, and give the testimony of men and women equal weight in evidentiary laws. The group also called for an end to government immunity for rape, and asked Sudan to work to end harassment of women testifying in rape cases. The International Criminal Court [official website] is seeking the arrest of a government official and a militia leader [JURIST report] for allegedly committing war crimes in Darfur, including rape. BBC News has more.

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Arizona court allows suit against governor over implementation of Proposition 200
Gabriel Haboubi at 1:16 PM ET

[JURIST] The Arizona Court of Appeals ruled [PDF text] Thursday that immigration reform groups can pursue a lawsuit against Governor Janet Napolitano [official website] alleging her administration improperly limited Proposition 200 [PDF text; JURIST report], a voter-approved ballot initiative that requires proof of citizenship before a person can vote or receive public benefits. Judge G. Murray Snow held that the trial judge incorrectly dismissed the case, brought by immigration reform groups [JURIST report] soon after Arizona Attorney General Terry Goddard [official website] wrote an advisory opinion [PDF text, JURIST report] limiting the scope of the law to certain welfare-related programs. Snow also noted that the governor has a responsibility to faithfully execute the laws as passed, and that the law itself allows Arizona residents to sue state and local agencies that are not in compliance.

The court did not allow the groups to sue Goddard over his opinion, saying courts should not second guess the formal opinions of the Attorney General. The law has been subjected to numerous legal challenges since being approved, especially regarding provisions requiring Arizona citizens to show government-issued ID cards [JURIST news archive] before being allowed to vote. Capitol Media has more.

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Poland, EU leaders disagree over landmark EU reform deal
Michael at 1:12 PM ET

[JURIST] Polish Prime Minister Jaroslaw Kaczynski [official profile] vowed Friday to reopen debate on the EU Council of Minister's voting mechanisms, insisting on a different interpretation of the EU reform agreement [JURIST report] reached last Saturday by EU leaders. Kaczynski, who has previously threatened to veto any proposed treaty [JURIST report] unless Poland retained more power in the voting scheme, says that Poland agreed to a mechanism that would delay controversial EU decisions from being addressed for a period of two years if opposition member states fall just short of blocking the proposal. EU officials and other member state leaders offer a different interpretation, saying that the agreement was to delay controversial proposals until the next EU summit, which would be a period of three to four months.

European Commission President Jose Manuel Barroso [official website] said that while minor adjustments can be made to the agreement, modifications cannot contradict the unanimous agreement among the 27 member states. European Parliament President Hans-Gert Poettering [official website] criticized Kaczynski's interpretation as "totally contradictory" to the agreement and therefore "unacceptable." Portuguese Prime Minister Jose Socrates downplayed the disagreement as a "misunderstanding" that could be resolved at the Inter-Governmental Conference scheduled to begin on July 23. The disagreement between Poland and other EU members is the latest difficulty in the EU's efforts to approve a cut-down version of the stalled European constitution [JURIST news archive]. Reuters has more.

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Liberia truth commission work delayed due to lack of funds
Michael at 11:41 AM ET

[JURIST] Liberia's Truth and Reconciliation Commission (TRC) [official website; JURIST news archive] chairman Jerome J. Verdier [official profile] said Friday that the TRC is facing severe financial difficulties [recorded audio] and has fallen three months behind schedule, noting that it has been "very unfortunate that as a truth commission we have to do fund-raising ourselves" as the Liberian government's "minimal commitment" is not sufficient to support the TRC's activities. Verdier said he hopes that the TRC will be able to resume its full operations by July and make up for lost time, and called on international donors and the Liberian government to increase their support for the TRC.

Last November, the TRC denied reports that it has shut down operations due to a lack of funds [JURIST reports], saying that although funding shortages are a continuing problem, the suspension of field interviews [JURIST report] from witnesses to crimes that occurred during Liberia's 14-year civil war [GlobalSecurity backgrounder] was a result of a planned procedural review. The TRC formally began its work [JURIST report] last June after being inaugurated [JURIST report] in February 2006. VOA News has more.

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Supreme Court to hear Guantanamo Bay detainee habeas cases
Jeannie Shawl at 11:15 AM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] Friday agreed to hear the appeals [order list, PDF] of Guantanamo Bay detainees who are seeking habeas corpus review of their detentions. The Court denied petitions for certiorari [PDF text; JURIST report] in April, but reversed itself Friday:

The petitions for rehearing are granted. The orders entered April 2, 2007, denying the petitions for writs of certiorari are vacated. The petitions for writs of certiorari are granted. The cases are consolidated and a total of one hour is allotted for oral argument. As it would be of material assistance to consult any decision in Bismullah, et al., v. Gates, No. 06-1197, and Parhat, et al., v. Gates, No. 06-1397, currently pending in the United States Court of Appeals for the District of Columbia Circuit, supplemental briefing will be scheduled upon the issuance of any decision in those cases.

The petitions for certiorari came in the cases of Boumediene v. Bush and al Odah v. United States, where the US Court of Appeals for the DC Circuit in February upheld [PDF text; JURIST report] the habeas-stripping provision of the controversial Military Commissions Act [PDF text; JURIST news archive] as applied to "enemy combatants."

Under the Supreme Court's rules, five justices must vote to allow a rehearing of a petition. Only four votes are needed to initially grant a petition for certiorari, but only three justices - Justices Breyer, Ginsburg and Souter would have allowed the cases to proceed when the Court first considered the issue in April. Justices Kennedy and Stevens filed a separate statement [PDF text] in April explaining they were rejecting the appeals merely on procedural grounds. According to SCOTUSblog:

Friday's order was an indication that those two Justices had decided that the Court needed to change its approach, and so provided the votes needed to grant rehearing. Under the Court's rules, a rehearing is granted only if there has been a change in "intervening circumstances of a substantial or controlling effect" or if counsel can cite "substantial grounds not previously presented."

SCOTUSblog has more. AP has additional coverage.

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China adopts new labor contract law
Michael at 10:12 AM ET

[JURIST] The Standing Committee of China's National People's Congress [official website] adopted a new labor contract law Friday, passing reforms intended to improve workers' rights by formalizing standards in labor contracts, rights of temporary workers, and severance pay privileges. The law, which will enter effect on January 1, 2008, also codifies administrative and criminal penalties for employers and government officials who either abuse or neglect their duties to laborers.

The law was passed amid the recent revelation that labor officials failed to report [JURIST report] the enslavement of hundreds of people at various brick kilns in the Shanxi and Henan provinces in central China [JURIST news archive]. Criminal charges have been brought against government officials, and a State Council conference, chaired by Chinese Premier Wen Jiabao [BBC profile] has said that those who have illegally employed children or subjected workers to slave conditions will be severely punished. AP has more.

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US court sentences partner of former Russian nuclear minister
Michael at 9:52 AM ET

[JURIST] The US District Court for the Western District of Pennsylvania sentenced [press release] Russian nuclear engineer Mark M. Kaushansky to 15 months in prison Thursday for his participation in a corruption scheme with former Russian Atomic Minister Yevgeny Adamov [Kommersant profile; JURIST news archive]. The two were accused of stealing up to $9 million in aid designated to upgrade unsafe Russian RBMK nuclear reactors [GlobalSecurity backgrounder]. Kaushansky, who immigrated to United States in 1979, pleaded guilty to conspiracy and tax evasion charges last September.

Kaushansky and Adamov were charged [indictment, PDF] with twenty counts of conspiracy, money laundering, tax evasion, and other charges in May 2005. Adamov, the alleged mastermind of the conspiracy, is currently free in Russia pending the refiling of charges against him. Last August, a Russian court dismissed charges against Adamov, citing factual errors in the prosecutor's indictments and procedural violations throughout the preliminary investigation. Adamov was arrested [JURIST report] in Switzerland in 2005 on a US warrant, but was extradited to Russia [JURIST report] instead of the US because the Swiss Supreme Court [official website, in German] ruled that Adamov should be tried in Russia [JURIST report] because he is a Russian citizen and his crimes were allegedly committed in Russia. Russia has also resisted US requests for Adamov's extradition, citing a constitutional prohibition on the extradition of Russian citizens to foreign jurisdictions. AP has more.

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Pakistan high court grants bail to same-sex couple jailed for perjury
Michael at 9:35 AM ET

[JURIST] The Supreme Court of Pakistan [official website] granted bail Thursday to Shumail Raj and Shahzina Tariq, a same-sex couple sentenced to three years in prison for perjury [JURIST report] by a Lahore high court for "misrepresenting" Raj's sex, and agreed to hear an appeal in the case. Raj underwent surgery 16 years ago to remove her uterus and breasts and later married Tariq, whose family challenged the validity of the marriage on the grounds that Pakistani law and strict Islamic practice outlawed homosexual unions. Raj has maintained that he is a man and that they are not a same-sex couple and therefore their marriage is legal.

Raj and Tariq had faced a maximum sentence of seven years in prison during their original trial, but Judge Kahawaja Mohammed Sharif said he issued a more "lenient" sentence because the couple had apologized. Sharif has also ordered the police to initiate a criminal investigation against the surgeon who removed Raj's uterus and breasts. UNI has more. BBC News has additional coverage.

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US, Red Cross press Myanmar on human rights
Michael at 8:29 AM ET

[JURIST] The United States has renewed pressure [press briefing transcript; recorded video] on Myanmar to release democracy advocate and Nobel Peace Prize laureate Daw Aung San Suu Kyi [advocacy website; BBC profile], a US State Department spokesperson said Thursday. Spokesman Tom Casey said that Deputy Assistant Secretary of State Eric G. John [official profile] met with officials from Myanmar earlier this week in Beijing for a "very frank discussion of our concerns about the regime." John used the "opportunity to again call for the release of political prisoners -- not only Aung San Suu Kyi but the thousand or more other political prisoners who are being detained by this government." The State Department on Wednesday urged [press release] the release of 52 activists who were arrested [JURIST report] in May for participating in vigils calling for the release of Suu Kyi, including HIV/AIDS activists Phyu Phyu Thinn. Casey said 51 of those activists have now been released [AP report], but Phyu Phyu Thinn remains in custody. In May, the UN Working Group on Arbitrary Detention ruled [opinion, PDF] that the extended detention of Suu Kyi violates the Universal Declaration on Human Rights and the International Convention on Civil and Political Rights [texts]. AP has more.

Meanwhile, the International Committee of the Red Cross (ICRC) [official website] on Friday denounced "major and repeated violations of international humanitarian law" [press release] which are "committed against civilians and detainees by the government of Myanmar." The ICRC noted that the government often forced detainees and civilians to support the military government by acting as military porters or providing housing and food supplies for the military. The ICRC said the Myanmar government's consistent refusal to participate in dialogue forced the "ICRC to take the exceptional step of making its concerns public," adding that the ICRC prefers to achieve positive changes through "confidential and bilateral" means. AP has more.

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