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 Legal news from Monday, December 31, 2007 |
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Monday, December 31, 2007 |
Pakistan police illegally blocked Bhutto autopsy: hospital lawyer
Mike Rosen-Molina at 5:27 PM ET
[JURIST] Doctors at Rawalpindi General Hospital were prevented by police from carrying out an autopsy on former Pakistani Prime Minister Benazir Bhutto [BBC obituary; JURIST news archive] following her assassination [JURIST report] last week, a hospital lawyer said Monday, according to CNN. Hospital manager Athar Minallah said that police violated Pakistani criminal law by preventing doctors from reaching a full medical conclusion about Bhutto's cause of death [medical report, PDF], but Rawalpindi police chief Aziz Saud told CNN that it was Bhutto's husband rather than police that objected to the autopsy. CNN has more.
Bhutto's husband Sunday called for an international investigation [JURIST report] into her killing similar to the ongoing UN investigation into the 2005 assassination of former Lebanese Prime Minister Rafiq Hariri [JURIST news archive]. Bhutto was assassinated Thursday at a political rally in Rawalpindi. She was campaigning in the lead-up to January 8 parliamentary elections.
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Kenya protesters allege fraud in presidential election
Mike Rosen-Molina at 4:14 PM ET
[JURIST] At least 185 people were killed in Kenya [JURIST news archive] as demonstrations against alleged election fraud continued Monday. Protests began Sunday when tens of thousands of opposition supporters took to the streets, accusing Kenyan President Mwai Kibaki [official profile] of electoral fraud and vote-rigging after Kibaki won a narrow victory in Sunday's presidential election. The controversial vote has sparked simmering ethnic tensions in the country, where Kibaki has long been accused of using his position to favor members of the majority Kikuyu tribe. Fueling accusations of malfeasance, Kibaki won the election despite early opinion polls that placed rival candidate Raila Odinga [campaign website] in the lead. Odinga's Orange Democratic Movement [party website] also won a majority of parliamentary seats in Thursday's parliamentary election.
Also on Monday, Reporters without Borders criticized [statement text] a Sunday decision by the Kenyan government to ban media coverage of the election protests [Reuters report]. UN High Commissioner for Human Rights Louise Arbour also expressed concern [OHCHR report] at the ban and called on the government to observe its human rights obligations in dealing with protest violence. Unconfirmed reports published on Odinga's website Monday said that the head of the Kenyan armed forces has been dismissed and that the head of police has resigned. AFP has more. AP has additional coverage.
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Bush signs Sudan divestment bill
Mike Rosen-Molina at 3:37 PM ET
[JURIST] US President George W. Bush Monday signed [official statement] a bill intended to pressure Sudan to stop the violence in Darfur [JURIST news archive] by allowing US states and local governments to sever investment links to Sudan without penalty under federal or state law. Under the Sudan Accountability and Divestment Act of 2007 [S 2271 text, PDF], state, county and municipal officials will be able to divest from companies in the oil, power production, mining and military equipment industries that do business with Sudan. The new law also prohibits United States Government contracts with such companies. Bush signed the legislation over objections from within his own administration, where some pointed out that it allows local governments to impact foreign policy, an arena traditionally reserved for the federal government. In his signing statement Monday, Bush nonetheless said he would construe tha act consistent with that authority. AP has more.
The US already has sanctions in place against Sudan. Bush signed the Sudan Peace Act [PDF text; DS backgrounder] in 2002, federal legislation which codified an earlier executive order issued during the Clinton administration banning US trade with and investment in Sudan.
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Haditha Marine squad leader to face court-martial on lesser charges
Jeannie Shawl at 3:15 PM ET
[JURIST] US Marine Staff Sgt. Frank Wuterich [advocacy website] has been ordered to face court-martial on charges of voluntary manslaughter, aggravated assault, reckless endangerment, dereliction of duty and obstruction of justice in connection to the killing of 24 Iraqi civilians at Haditha [USMC timeline; JURIST news archive] in November 2005, the US Marine Corps said Monday. Wuterich was initially charged with unpremeditated murder, but the investigating officer in Wuterich's case recommended [JURIST report] that the more serious charge be dropped.
Another Marine implicated in the Haditha incident, 1st Lt. Andrew Grayson, will face court-martial for making false official statements, obstruction of justice and attempting to fraudulently separate from the Marine Corps. AP has more.
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South Korea president pardons ex-Daewoo chief, others
Dennis Zawacki II at 11:19 AM ET
[JURIST] The South Korean Ministry of Justice [official website] on Monday said that 75 politicians and businessmen would receive amnesty as part of President Roh Moo-hyun's last round of presidential pardons. Among those granted amnesty is former chairman of the Daewoo group [official website] Kim Woo-choong [Wikipedia profile], who was convicted [JURIST report] last year of embezzlement and account fraud in connection to the inflation of Daewoo's assets during the Asian financial crisis [CRS report] of 1997-1998. The pardons will take effect Tuesday.
In addition to the pardons, six inmates sentenced to death had their sentences commuted to life in prison and others received reduced sentences. AP has more. Arirang News has additional coverage.
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Guantanamo Bay detainee dies of cancer
Dennis Zawacki II at 10:01 AM ET
[JURIST] Suspected Afghan terrorist Abdul Razzak died of colorectal cancer [press release] Sunday while in US custody at Guantanamo Bay [JURIST news archive]. Razzak had been receiving chemotherapy treatment since October after being diagnosed with cancer and is the first detainee to die of natural causes while being held at Guantanamo. According to the military's statement, "Razzak was assessed to be an experienced jihadist with command responsibilities and was assessed to have had multiple links to anti-coalition forces. He was detained in Guantanamo as an enemy combatant, consistent with the international law of Armed Conflict."
Since the opening of Guantanamo Bay in 2001, five detainees have died while in US custody. The US military is currently investigating [JURIST report] the suicide death of detainee Abdul Rahman Ma'ath Thafir al-Amri [Wikipedia profile]. The military wants to know how Al-Amri committed suicide in June and if the guards could have taken steps to prevent Al-Amri's death. Three other detainees committed suicide [JURIST report] in June 2006. AFP has more.
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