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 Legal news from Wednesday, August 22, 2007 |
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Wednesday, August 22, 2007 |
Egypt arrests two Muslim Brotherhood lawmakers
Jeannie Shawl at 10:06 PM ET
[JURIST] Egyptian officials on Wednesday arrested two lawmakers from the Muslim Brotherhood [party website; FAS backgrounder] in order to question them in a case involving "other Brotherhood members," according to a police official speaking anonymously. The Brotherhood, banned from officially participating in Egyptian politics, denounced the "arbitrary" arrests [statement]:The MB Bloc sees the detention of both MPs as a part of the ongoing security escalation practiced by the Egyptian regime against the Muslim Brotherhood....
The People's Assembly approved in its session on [May 9, 2007] lifting immunity on both MPs to take criminal procedures against them. However, no action was taken against them and they haven't been subpoenaed since then. This confirms that today's detentions are, legally speaking, arbitrary actions against two public figures, and that raiding their houses and their offices confirm that there is a specific message and a target from these actions. The message and target are humiliating MPs and exploiting the prosecution as a tool in the hands of the regime to to settle scores with opposition. When parliament voted [JURIST report] to strip lawmakers Sabri Amer and Ragab Abu Zaid of their immunity in May, Zeid labeled the decision a government-orchestrated attempt to intimidate the Brotherhood. Under Egyptian law, legislators enjoy immunity from prosecution unless the parliament votes to remove it.
The Brotherhood has been banned since 1954, but its members run as independents and the organization has grown into Egypt's most powerful opposition movement with 88 seats in the 454-seat parliament. AP has more.
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Federal appeals court allows Qwest ex-CEO to remain free pending appeal
Jeannie Shawl at 9:49 PM ET
[JURIST] The US Court of Appeals for the Tenth Circuit ruled Wednesday that former Qwest CEO Ralph Nacchio [JURIST news archive] can remain free on bail pending his appeal of his insider trading conviction [JURIST report]. Nacchio was convicted in April on 19 counts of insider training for illegally selling 1.33 million shares valued at $52 million dollars in conjunction with the Denver-based telephone service provider's accounting scandal. He was sentenced [JURIST report] last month to six years in prison and was ordered to pay a $19 million fine in addition to forfeiting the $52 million.
Federal prosecutors indicted Nacchio in December 2005 on 42 counts of insider trading [JURIST report]. He and other former Qwest executives are still facing a class action lawsuit and other civil charges brought by the Securities and Exchange Commission [JURIST reports]. Another former Qwest employee, ex-vice president Marc Weisberg, pleaded guilty to wire fraud [JURIST report] in December 2005 and helped prosecutors build their case against Nacchio. Reuters has more.
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FOIA does not apply to White House administrative office: DOJ
Mike Rosen-Molina at 3:56 PM ET
[JURIST] The US Justice Department (DOJ) [official website] argued in court papers filed Tuesday that the White House Office of Administration [official website] is not subject to Freedom of Information Act (FOIA) [text] requests. Although most of the White House is exempt from FOIA, some internal offices are subject to the act and the Office of Administration has in the past generally responded to FOIA requests. The DOJ's argument is in response to a lawsuit filed by watchdog group Citizens for Responsibility and Ethics in Washington [advocacy website] to force the Office of Administration to turn over information about missing White House e-mails regarding the CIA leak investigation and the US Attorney firing scandal [JURIST news archives]. CREW rejected the DOJ's argument [statement] Tuesday, saying "The OA's disingenuous claim that it is not subject to the FOIA is contradicted by its own actions and statements. On the White House's own website, the OA is designated as one of the few components in the Executive Office of the President subject to the FOIA. The website also provides a link to the OA's FOIA regulations and identifies an OA FOIA officer."
The Office of Administration estimates that at least 5 million White House e-mails from March 2003 to October 2005 are missing. The White House has said that some e-mails may not have been automatically preserved on the Executive Office of the President's computer server, but that they may still exist on back-up tapes. AP has more.
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UK Defence Ministry withholding Iraqi detainee abuse evidence: lawyers
Mike Rosen-Molina at 3:11 PM ET
[JURIST] The UK Ministry of Defence [official website] has refused to release key evidence about the abuse of Iraqi detainees held by British security forces, lawyers representing the detainees' families said Tuesday. The lawyers have requested that the UK High Court to issue a new order to compel the ministry to hand over documents about 11 Iraqi detainees, including Baha Mousa [BBC report; JURIST report], a Basra hotel receptionist who died while in British custody in 2003. Evidence of abuse first surfaced during a court-martial [JURIST report] in March against seven soldiers involved in the Basra incident. The information the lawyers are seeking concerns the legal advice provided to soldiers on permissible interrogation techniques. The Guardian has more.
In 2003, British military took part in a raid on a hotel in Basra, confiscating weapons and detaining several Iraqi civilians, including Mousa. The soldiers allegedly took the Iraqis to a detention facility where they were held for 36 hours and subjected to physical abuse, causing Mousa's death. Charges were dropped against seven British soldiers [BBC trial timeline] accused of causing Mousa's death, while a military panel cleared Major Michael Peebles and Warrant Officer Mark Davies of negligently performing their duties. Charges against Lieutenant Colonel Jorge Mendonca [JURIST report] and four other soldiers were dropped [BBC report] in February, and in 2006, Corporal David Payne pleaded guilty [JURIST report] to a charge of inhumane treatment.
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UN calls on Cambodia to reconsider transfer of Khmer Rouge tribunal judge
Mike Rosen-Molina at 2:14 PM ET
[JURIST] Cambodia's decision to transfer an investigating judge away from the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website; JURIST news archive] could lead to undue delays in bringing top members of the Khmer Rouge [Wikipedia backgrounder] to trial, UN officials said Wednesday as they urged the Cambodian government to rethink the decision. Judge You Bun Leng was moved from the tribunal [AP report] earlier this month to become head of Cambodia's Appeals Court. A UN spokesman said that the UN is awaiting a response from Cambodia after sending an official note on the matter [UN News report] to the Cambodian permanent representative in New York last week.
The ECCC was established by a 2001 law [text as amended 2005, PDF] to investigate and try those responsible for the Cambodian genocide that occurred between 1975-1979. The genocide resulted in the deaths of approximately one-third of the Cambodian population. To date, no top Khmer Rouge officials have faced trial. Earlier this month, the ECCC brought its first charges against Kaing Khek Iev [TrialWatch profile; JURIST report]. AP has more.
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Texas governor rejects EU request to end use of death penalty
Mike Rosen-Molina at 1:58 PM ET
[JURIST] Texas Gov. Rick Perry [official website] Wednesday rejected a call by the European Union to halt all executions in the state [EU statement; JURIST report]. In a statement [text], a spokesman for the governor said:230 years ago, our forefathers fought a war to throw off the yoke of a European monarch and gain the freedom of self-determination. Texans long ago decided that the death penalty is a just and appropriate punishment for the most horrible crimes committed against our citizens. While we respect our friends in Europe, welcome their investment in our state and appreciate their interest in our laws, Texans are doing just fine governing Texas. In its own statement earlier this week, the European Union urged Texas to put a moratorium on capital punishment [JURIST news archive], describing it as "cruel and inhumane" and arguing that there was no evidence that it deterred violent crime.
The EU's plea came ahead of Texas's planned execution of Johnny Ray Conner [CCADP profile] on Wednesday, which will bring Texas state executions to a total of 400 since the US Supreme Court reinstated the death penalty in 1976. Collectively, the US has executed more than 1,000 people since then, with Texas leading the nation in total numbers. Nearly 400 prisoners are currently on death row in Texas [TDCJ materials]. AFP has more.
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Federal judge orders Bush administration to produce reports on global warming
Mike Rosen-Molina at 1:11 PM ET
[JURIST] The Bush administration violated US law by not producing a study on the effects of global warming, a federal judge ruled [PDF text] Tuesday. Rejecting government arguments that it had discretion as to when to produce the reports, US District Court Judge Saundra Armstrong held that the Global Change Research Act of 1990 [text] mandates that a research plan on global warming be revised every three years and an assessment of the latest scientific data be updated every four years. The research plan was last revised in 2003 and the assessment in 2000. Armstrong ordered the government to produce its research plan by March 1, 2008 and the assessment by May 31, 2008.
The lawsuit [case materials] was brought by plaintiffs Friends of the Earth, the Center for Biological Diversity, and Greenpeace [advocacy websites], who hailed the ruling as a victory over administration attempts to suppress science on climate change. A White House spokesperson said that the administration would review the decision before deciding on its next move. AP has more.
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Bangladesh imposes curfew after anti-government protests
Mike Rosen-Molina at 12:44 PM ET
[JURIST] The interim government of Bangladesh [JURIST news archive] imposed a curfew Wednesday after three days of student protests against the military-backed interim government resulted in hundreds of injuries and one death. The riots first began at the University of Dhaka [university website], when students demanded that a military post be removed from the campus, and then spilled out into the Dhaka city streets. Protesters called for an end to emergency laws [JURIST report], which have been in place since January. The curfew will remain in effect indefinitely.
The interim government has used its anti-corruption campaign [BBC Q&A; JURIST news archive] to justify the emergency laws, and has also filed tax evasion charges against former Prime Minister Begum Khaleda Zia [UN profile], who is scheduled to appear in court on August 26, and extortion charges against former Prime Minister Sheikh Hasina Wajed [party profile]. AP has more.
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Lawyer for released Iranian-American scholar says charges still pending
Jeannie Shawl at 12:39 PM ET
[JURIST] A lawyer for recently released Iranian-American scholar Haleh Esfandiari [WWC profile; JURIST news archive] said Wednesday that national security charges are still pending against Esfandiari and that a trial is expected. Esfandiari was released from Iranian custody on bail [JURIST report] Tuesday, but human rights lawyer and 2003 Nobel Peace Prize laureate Shirin Ebadi [advocacy website, in Persian] said that although Esfandiari has a right to leave the country, the scholar's US and Iranian passports have not been returned to her. Esfandiari serves as the director of the Middle East program at the US-based Woodrow Wilson International Center for Scholars, which welcomed her release [statement, DOC] Tuesday. Wilson Center Director Lee Hamilton told the media that his organization had received correspondence from Iranian Supreme Leader Ayatollah Ali Khamenei's office which indicated that Khamenei would take steps to "deal with [the] issue" of Esfandiari's release. The US State Department has also said that Esfandiari's release is an encouraging sign, but renewed calls for the unconditional release of US citizens detained in Iran [VOA report].
Esfandiari was detained in May [WWC timeline, DOC; WWC materials] and is accused of being involved in an alleged plot "against the sovereignty of the country." Still in custody is Open Society Institute consultant Dr. Kian Tajbakhsh [OSI press release], though OSI Tuesday expressed hope that Tajbakhsh would soon be released [press release]. The two scholars are alleged to have been involved in a plot against the government and prosecutors said earlier this month that they have completed their investigation [JURIST report] into the two detainees. Prosecutors in June expanded [JURIST report] their investigation into the alleged conspiracy after they said they found evidence supporting charges of endangering national security. Ebadi has accused the Iranian government of interfering in judicial affairs to prevent Esfandiari's release [JURIST report] and of denying lawyers access to Esfandiari [JURIST report]. AP has more.
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Iraq judge ejects 2 defendants from court in crimes against humanity trial
Jeannie Shawl at 12:19 PM ET
[JURIST] The Iraqi High Tribunal [official website] judge presiding over the crimes against humanity trial [JURIST report] of 15 former Iraqi officials ejected two defendants from the courtroom Wednesday for failing to follow the rules of court. During the first day of witness testimony, chief judge Mohammed Oreibi al-Khalifa threw out Iyad Fathi al-Rawi and Sultan Hashim Ahmad al-Tai and warned other defendants that they should not talk to each other during proceedings or sit cross-legged in the pen that holds defendants in the courtroom. The Saddam Hussein-era officials are on trial for their role in attacks against the civilian population following the 1991 Persian Gulf War. Tens of thousands of civilians were killed during the government's violent response to the predominantly Shi'a uprising [HRW backgrounder] in Southern Iraq. The court heard testimony Wednesday from a former lawmaker who said he was imprisoned for months even though he said he played no role in the uprising. Kamil Kanoun Abu al-Heil also described how inmates were tortured at the prison where he was held.
One of the defendants in the current trial is Saddam Hussein's cousin and former Iraqi defense minister Ali Hassan al-Majid [BBC profile; JURIST news archive], also known as Chemical Ali, who has already been sentenced to death [JURIST report] for his role in the 1988 Anfal campaign [HRW backgrounder] that slaughtered hundreds of thousands of Kurds. Five defendants in the Anfal trial are currently appealing [JURIST report] their sentences to the Iraqi High Tribunal's Appeals Chamber. If the death sentences are upheld, Iraqi law requires the executions to take place within 30 days of the court ruling. The new case is the third in a series of trials involving Hussein-era officials [JURIST news archive]. The first was the Dujail case [BBC timeline] involving crimes against humanity committed in that Iraqi town in 1982, which resulted in the hangings of Hussein and his co-defendants. AP has more.
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Sudan ends legal immunity for police officers accused of crimes
Mike Rosen-Molina at 12:08 PM ET
[JURIST] Sudan [JURIST news archive] has issued a decree abolishing legal immunities that protect police from criminal prosecution, the Sudanese government said Tuesday. The decree, issued by the police director general, allows police officers to be tried for crimes but also guarantees quick legal proceedings.
UN rights experts have long criticized Sudan for giving blanket immunity to police and army officers, a policy that rights groups say has allowed rapes, kidnappings and murders perpetrated by government-aligned militias in Darfur [JURIST news archive] and elsewhere in the country to go unpunished. In July, the Sudanese government defended its handling of military and police personnel allegedly involved in human rights abuses [JURIST report] in Darfur before the UN Human Rights Committee [official website], denying allegations that the government was collaborating with armed militias that have committed some of the worst atrocities against civilians while insisting that the Sudanese judiciary is capable of handling allegations of murder, torture, and rape. Sudanese officials also defended a proposed Darfur peace accord [JURIST report] which contains an amnesty agreement, saying that the amnesty does not grant immunity from war crimes as they are defined by international conventions. Reuters has more.
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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.
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