JURIST - Paper Chase: Thursday, July 19, 2007

PAPER CHASE ARCHIVE
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Legal news from Thursday, July 19, 2007

Conrad Black spared jail before November sentencing
Federal judge dismisses Plame CIA leak lawsuit
UK parliamentary committee calls for reforms to attorney general position
Russia expels 4 UK diplomats as Lugovoy extradition dispute deepens
Sierra Leone war crimes court sentences junta leaders to prison
Europe rights court fines Russia for 'degrading' treatment of ex-KGB detainee
Chaudhry makes final push for reinstatement before Pakistan court ruling
Ex-Thailand PM files suit against seizure of family assets
Iraq Sunni lawmakers end boycott of parliament sessions
Identity of EU file sharers should be protected in civil suits: ECJ advisor
Bosnia court acquits ex-justice minister of war crimes charges
Myanmar starts 'final' session of constitutional talks
Japan court sentences top fund manager for insider trading
Chirac questioned by French judges in corruption probe
US soldiers charged with premeditated murder of Iraqi
Leahy flags questions for Gonzales ahead of Senate panel hearing

Thursday, July 19, 2007

Conrad Black spared jail before November sentencing
Leslie Schulman at 7:41 PM ET

[JURIST] US District Judge Amy St. Eve [official profile] ruled in Chicago Thursday that Canadian-born financier and former media mogul Conrad Black [JURIST news archive] will not have to await his November 30 sentencing in jail. St. Eve nonetheless put restrictions on Black's mobility, holding that in the interim he will only be allowed to travel to Chicago or to West Palm Beach, where he has a home. Black, former chairman of Hollinger International [corporate website], was convicted [JURIST report] last week of mail fraud and obstruction of justice after twelve days of jury deliberations. St. Eve will decide during an August 1 bail hearing whether Black may return to his home in Toronto.

Black, now a British peer, was accused [indictment, PDF] by the US government of diverting more than $80 million from the company and its shareholders [JURIST report] during Hollinger's $2.1 billion sale of several hundred Canadian newspapers. He was found not guilty on separate charges of racketeering, wire fraud, and tax evasion. His conviction on three counts could lead to a maximum sentence of 35 years in prison, and fines of up to $1 million. CBC News has more.

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Federal judge dismisses Plame CIA leak lawsuit
Leslie Schulman at 7:02 PM ET

[JURIST] US District Judge John Bates Thursday dismissed a lawsuit [opinion, PDF] against members of the Bush administration brought by Valerie Plame [Washington Post profile], the former CIA operative whose disclosed identity precipitated the 2003 CIA leak scandal [JURIST news archive], ruling that the court lacked jurisdiction over her tort claim. Bates said that relief for Plame's claim was only available administratively under the Federal Tort Claims Act [Cornell Law backgrounder]. Bates also refused to recognize an "implied damage remedy" for her constitutional claims or to express an opinion on those claims.

The suit, filed [JURIST report] last year against Vice President Dick Cheney, White House Deputy Chief of Staff Karl Rove [official profile], and former vice-presidential aide I. Lewis "Scooter" Libby [defense trust profile], asserted that they and 10 unnamed administration officials violated Plame's rights to privacy, free speech, and equal protection under the US Constitution by conspiring to expose her, threatening her career and endangering her family. Plame contends that the defendants revealed her identity as an undercover CIA operative in retaliation for the statements made by her husband, former US ambassador Joseph Wilson [BBC profile], in which he denied that Saddam Hussein had attempted to purchase materials for a nuclear weapon in Niger as the Bush administration had claimed. Libby was convicted in March of perjury and obstruction of justice in connection with the case and sentenced [JURIST reports] to 30 months in prison and ordered to pay a $250,000 fine. President George W. Bush commuted [JURIST report] his prison sentence earlier this month. AP has more.

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UK parliamentary committee calls for reforms to attorney general position
Gabriel Haboubi at 5:36 PM ET

[JURIST] UK parliamentarians on the Constitutional Affairs Committee [official website] called Thursday for reforms to the role of the Attorney General [official website] for England and Wales, saying conflicts between political and legal aspects of the position make it "not sustainable" [press release]. The MPs cited the conflicts as the reason for the controversial dropping of a Serious Fraud Office (SFO) [official website] inquiry into a 1985 $86 billion defense contract between the UK and Saudi Arabia for aircraft and other military equipment. It was alleged that former Attorney General Lord Goldsmith [Wikipedia profile] pushed for the decision to protect UK-Saudi relations [BBC report].

The committee said there must be greater parliamentary and public oversight of such prosecutorial decisions to restore confidence in the office. It also proposed that purely legal functions be carried out by a "career lawyer, not a political appointee, a politician or Member of Government" while ministerial functions "be carried out by a Minister in the new Ministry of Justice." Last month, the US Department of Justice launched a formal investigation [press release; JURIST report] into UK defense contractor BAE Systems [corporate website] following allegations that BAE established a $120 million slush fund for members of the Saudi Royal family in exchange for defense contracts. The Guardian has more.

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Russia expels 4 UK diplomats as Lugovoy extradition dispute deepens
Gabriel Haboubi at 4:41 PM ET

[JURIST] Russia expelled four British diplomats [MFA press release] and suspended counter-terrorism cooperation with the UK Thursday in response to Monday's expulsion of four Russian diplomats [JURIST report] from the UK in protest over Russia's refusal to extradite Russian citizen Andrei Lugovoy [JURIST news archive] for the poisoning-murder of former KGB agent Alexander Litvinenko [BBC profile; BBC timeline] in London last year. The UK expressed disappointment in the Russian expulsions, and called them "completely unjustified" [FCO press release].

Russia has repeatedly refused UK requests to extradite Lugovoy, saying that to do so would violate the Russian constitution [MFA statement; JURIST report]. On Wednesday, the UK formally rejected [JURIST report] a Russian proposal to try Lugovoy in Russia, contingent on the UK presenting evidence of guilt. AP has more.

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Sierra Leone war crimes court sentences junta leaders to prison
Gabriel Haboubi at 4:06 PM ET

[JURIST] The UN-backed Special Court for Sierra Leone (SCSL) [official website] Thursday sentenced three former leaders of the Armed Forces Revolutionary Council [MIPT backgrounder] to at least 45 years of imprisonment each [hearing transcript, PDF; press release, PDF]. Brima Bazzy Kamara was sentenced to serve 45 years, while Alex Tamba Brima and Santigie Borbor Kanu were each sentenced to 50 years after being convicted of committing war crimes [JURIST report] while leading the militia that took over Sierra Leone's government in 1997. SCSL prosecutor Stephen Rapp welcomed the lengthy sentences, saying the crimes committed by Brima, Kamara, and Kanu "shock the conscience of humankind" [press release, PDF]. The group raped, murdered, and mutilated civilians, burned villages, and abducted thousands of children to fight as soldiers or work as laborers in diamond mines. The verdict, which came more than 2 years after the trial started [JURIST report], was the first ever conviction on the recruitment and use of child soldiers by an international tribunal.

The three militia leaders have the right to appeal their conviction. If that appeal fails, it is likely that they will serve their sentences in Europe out of concerns for security. BBC News has more.

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Europe rights court fines Russia for 'degrading' treatment of ex-KGB detainee
Gabriel Haboubi at 2:51 PM ET

[JURIST] The European Court of Human Rights (ECHR) [official website] Thursday ruled against Russia in the case of a former KGB agent who was detained under conditions that the court said "amounted to degrading treatment" [opinion; press release]. The ex-agent, Mikhail Trepashkin [advocacy website; Wikipedia profile], was arrested in 2003 on charges of illegally possessing a gun, days before he was supposed to testify in court about 1999 apartment building bombings in Russia. The bombings were later blamed on Chechen rebels. Prior to his trial, he was held for 25 days, despite a court ordering his release, without access to any form of outdoor yard or exercise space. He spent an additional 14 days in a "seriously overcrowded cell," which he shared with approximately 20 other inmates. The court found that detainees in the second cell "had eaten, kept foodstuffs and personal belongings, washed themselves and used the toilet in the same cell where they were living," in violation of Article 3 of the European Convention on Human Rights [text], which prohibits degrading treatment of prisoners. The court fined Russia 3000 euros. It is unknown if Russia will appeal.

The gun charge against Trepashkin was eventually dropped, but he was convicted of divulging state secrets. Last year, Trepashkin warned that Russia had organized a hit squad to kill government critics, including former KGB officer Alexander Litvinenko [BBC profile; JURIST news archive], who was killed by poison in London last year. Trepashkin alleged that agents from the KGB's successor agency, the FSB [official website, in Russian], approached him and asked him assistance in killing Russian businessman Boris Berezovsky [Wikipedia profile; JURIST news archive]. Litvinenko was one of a number of Kremlin critics who believed the government was responsible for the 1999 Moscow apartment bombings which helped prompt the Second Chechen War [Wikipedia backgrounder]. Berezovsky is another well known critic of that war. AP has more.

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Chaudhry makes final push for reinstatement before Pakistan court ruling
Gabriel Haboubi at 2:08 PM ET

[JURIST] Counsel for suspended Chief Justice Iftikhar Chaudhry [official website; JURIST news archive] of the Supreme Court of Pakistan [official website] Thursday asked the judge's former colleagues to reinstate him or else risk further destabilizing the country. Lawyer Aitzaz Ahsan added that the court's decision, expected Friday, must be clear. Several protests against Chaudhry's suspension have resulted in injuries and death. On Tuesday, a suicide bomber struck a lawyers' protest in Islamabad [JURIST report], killing at least 13 people and injuring at least 40. In May, clashes sparked by the arrival of Chaudhry at a rally [JURIST report] caused the deaths of 39 people.

The government says Chaudhry misused his influence [JURIST report] to obtain jobs and promotions for his son. Many Pakistani lawyers and opposition leaders believe Chaudhry's March suspension by Pakistan President Musharraf [official website] was an indirect bid to forestall any legal challenges if Musharraf seeks to extend his eight-year rule by another five years this fall. AP has more.

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Ex-Thailand PM files suit against seizure of family assets
Michael at 1:56 PM ET

[JURIST] Former Thailand Prime Minister Thaksin Shinawatra [BBC profile; JURIST news archive] filed a lawsuit Thursday against Thailand's Assets Examination Committee (AEC) [Wikipedia backgrounder] for its seizure of Thaksin's family assets [JURIST report], demanding that the AEC terminate its freeze of approximately $2.1 billion in assets and seeking an additional $1.7 billion in compensation. AEC chairman Nam Yumyaem expressed indifference to the lawsuit, saying that Thaksin has in the past filed similar suits against the AEC, which have been rejected by Thai courts.

Thaksin, who has been living in exile since his ouster in a September 2006 military coup [JURIST report], is currently facing corruption charges [JURIST report], which are scheduled to be heard [JURIST report] by the Thai Supreme Court on August 14. Thaksin has been ordered by the high court to appear, but has indicated that he will not return to Thailand, citing concerns for his personal safety and doubts on whether he will receive a fair trial [JURIST report]. In February, the AEC recommended that charges be brought [JURIST report] against Thaksin's wife Pojamarn and other members of his family. AP has more.

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Iraq Sunni lawmakers end boycott of parliament sessions
Michael at 1:20 PM ET

[JURIST] Sunni members of the Iraqi Council of Representatives [official website, in Arabic] ended a lengthy boycott [JURIST report] of parliamentary sessions Thursday, after agreeing to a secret deal with Shi'a political parties that will reinstate Sunni lawmaker Mahmoud al-Mashhadani [Wikipedia profile] as speaker of the Council of Representatives. According to an aide to Prime Minister Nouri al-Maliki [BBC profile], Al-Mashhadani, who was removed in June by a majority vote in the council [Reuters report], is expected to voluntarily resign in the near future.

Last Thursday, the White House's Initial Benchmark Assessment Report [text; JURIST report] on political progress in Iraq said that the Iraqi government's efforts to pass legislation on oil revenue sharing [JURIST news archive] had been delayed by the boycott. In June, four Sunni members of the Iraqi cabinet announced their boycott of cabinet meetings to protest the arrest warrant [JURIST report] issued for Sunni Culture Minister Asad Kamal al-Hashimi [RFE/RL report]. Sunni politicians have said the warrant was part of a sectarian effort to remove Sunni leaders. AP has more.

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Identity of EU file sharers should be protected in civil suits: ECJ advisor
Michael at 12:12 PM ET

[JURIST] European Court of Justice Advocate General Juliane Kokott [official profile] told the European Court of Justice (ECJ) [official website] in an advisory opinion [text, in German] Wednesday that European Union (EU) governments should resist disclosing internet user information sought by copyright industry groups for civil lawsuits. Kokott's opinion stems from a lawsuit filed by Promusicae [trade website], a Spanish music industry coalition, against internet service provider (ISP) Telefonica [corporate website] to obtain the customers' names and addresses linked to IP-addresses that Promusicae suspects to be involved in illegal peer-to-peer music sharing. The Spanish court hearing the case requested the ECJ's interpretation of EU privacy laws, and may or may not follow Kokott's recommendation.

In June, the Brussels Court of First Instance ruled that the Belgian Society of Authors, Composers, and Publishers (SABAM) [organization website] could hold an ISP liable [JURIST report] for illegal peer-to-peer music downloading [JURIST news archive] because ISPs have a legal responsibility to filter or block illegal peer-to-peer sharing. AP has more.

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Bosnia court acquits ex-justice minister of war crimes charges
Michael at 11:29 AM ET

[JURIST] The War Crimes Chamber of the Court of Bosnia and Herzegovina [official website; JURIST news archive] on Wednesday acquitted [press release] former Bosnian Serb interior minister and later justice minister Momcilo Mandic [case backgrounder] of all charges [JURIST report] against him, including war crimes against civilians and crimes against humanity. The charges were related to abuses at detention facilities operated by the Bosnian Serb government and also to an April 1992 Serb attack against a police training center in Sarajevo, in which Bosnian Muslims and Croatians were arrested and subsequently tortured. The court held that, althrough the prosecution proved the existence of criminal acts at the detention facilities, it did not prove that Mandic was responsible for the functioning of all penal-correctional institutions. The court also found that Mandic did not direct or plan the attack in Sarajevo.

The Bosnian court, tasked to investigate and prosecute atrocities during the 1992-1995 ethnic war between Serbs, Bosnian Muslims, and Croats, was established [JURIST report] in March 2005 to ease the backlog of the International Criminal Tribunal for the former Yugoslavia [official website; JURIST news archive], which is currently trying to complete all its work by 2010. Reuters has more.

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Myanmar starts 'final' session of constitutional talks
Michael at 10:56 AM ET

[JURIST] The military government of Myanmar [JURIST news archive] reconvened negotiations on a new constitution [JURIST news archive] Wednesday, saying the latest talks will be the final session in completing a drafting process that began 14 years ago. The government says that the enactment of a new constitution will be the first part of a seven-step transition to democracy, with the last step being free elections. Acting prime minister Lt. General Thein Sein [BBC report] urged delegates not to alter previously agreed provisions and warned that legal action may be taken against individuals who attempt to obstruct the convention.

The convention has been criticized as an attempt by the military junta to further legitimize its power [JURIST report] because only 12 of the over 1,000 delegates are democratically elected members of parliament while the rest have been hand-picked by the military. Myanmar has been governed without a constitution since the military regime took power in 1988. AP has more.

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Japan court sentences top fund manager for insider trading
Michael at 10:06 AM ET

[JURIST] A Japanese court sentenced high-profile fund manager and founder of M&A Consulting Yoshiaki Murakami [BusinessWeek profile] to two years in prison and imposed fines and penalties totaling approximately 1.153 billion yen (approximately $9.5 million) Thursday for insider trading of Nippon Broadcasting Systems Inc. (JOLF) [corporate website, in Japanese] stocks ahead of a corporate takeover that prosecutors said netted approximately 3 billion yen (approximately $24.6 million) in profits. Prosecutors, who had sought a sentence of three years in prison, say that Murakami purchased large amounts of JOLF stocks in January 2005 after Livedoor [media website, in Japanese] president and founder Takafumi Horie and senior executive Ryuji Miyauchi informed him of Livedoor's intentions to takeover JOLF during a meeting in November 2004.

In March, Horie was convicted of falsifying earnings and misleading investors [BBC News report] and sentenced to 30 months in prison [JURIST report]. In June of last year, Murakami admitted to insider trading [Xinhua Financial Network report], but retracted his confession when the trial opened. AP has more.

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Chirac questioned by French judges in corruption probe
Michael at 9:44 AM ET

[JURIST] French investigating magistrates questioned former President Jacques Chirac [official profile; BBC profile] in their probe of an alleged corruption scheme [JURIST report] during Chirac's tenure as the mayor of Paris from 1977 to 1995, judiciary officials confirmed Thursday. Chirac, who is being questioned as a material witness, allegedly financed the Rally for the Republic (RPR) [Wikipedia backgrounder], now renamed as the Union for a Popular Movement [party website, in French], by illegally establishing fake city positions for party members to collect salaries totaling several million dollars. Under French law, a material witness is not formally a suspect, but may be indicted pending the investigation.

In June, Chirac lawyer Jean Veil indicated that judges would likely question Chirac [JURIST report], but emphasized that the Chirac will not answer questions concerning scandals that allegedly occurred during Chirac's tenure as president of France [JURIST news archive] because the French constitution grants judicial immunity to the president. AP has more.

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US soldiers charged with premeditated murder of Iraqi
Michael at 9:19 AM ET

[JURIST] The Multinational Force-Iraq (MNF-I) [official website] Thursday announced that charges [press release] of premeditated murder have been laid against US Army Sergeant 1st Class Trey A. Corrales and Specialist Christopher P. Shore. The two soldiers are accused of killing an unspecified "Iraqi national" on or about June 23, 2007 near the Iraqi city of Kirkuk [GlobalSecurity backgrounder]. The MNF-I also announced that the soldiers' commander, Lt. Col. Michael Browder, has been relieved of his command based on the "totality of circumstances surrounding this incident and due to a lack of confidence in his ability to command effectively." Browder is not a suspect in the killing.

The two soldiers will face a Article 32 hearing [JAG backgrounder], similar to civil grand jury proceedings, to determine whether they will face court-martial. If convicted of premeditated murder, Corrales and Shore could face the death penalty. AP has more.

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Leahy flags questions for Gonzales ahead of Senate panel hearing
Michael at 8:02 AM ET

[JURIST] US Senate Judiciary Chairman Senator Patrick Leahy (D-VT) [official website] on Wednesday took the unusual step of sending Attorney General Alberto Gonzales [official profile; JURIST news archive] a letter listing 12 written questions [PDF text] that Leahy hopes Gonzales will be prepared to address when he appears before the Judiciary Committee on July 24. Leahy said he provided the questions in advance so that the Committee could avoid its experience at Gonzales' April 19 testimony [JURIST report] in which Leahy said the Attorney General was unable or unwilling to answer between 60 to 100 questions regarding the US Attorney firing scandal [JURIST news archive]. One of Leahy's questions asks Gonzales to account for the discrepancy [JURIST report] between his assertion of having not spoken with anyone involved to preserve the integrity of the investigation and former DOJ aide Monica Goodling [JURIST news archive]'s May 23 testimony that Gonzales supposedly "recounted to [Goodling] his recollections of the process leading up to and including" the firings during a meeting in March. Leahy is also seeking an explanation for apparent contradictions between Gonzales' April 19 testimony that former Chief of Staff Kyle Sampson [JURIST news archive] was responsible for the firings, and Gonzales' May 15 press statements asserting that they were largely Deputy Attorney General Paul McNulty's doing [JURIST report]. McNulty has denied having any key role [JURIST report] in the firings.

The Judiciary Committee is also interested in Gonzales' response to allegations that he had received reports that the FBI had improperly used national security letters (NSL) [CRS backgrounder, PDF; FBI backgrounder] prior to testifying before Congress [JURIST report] in 2005 that "there has not been one verified case of civil liberties abuse." AP has more.

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