JURIST's legal news service, powered by a team of over 40 law student reporters and editors led by Professor Bernard Hibbitts at the University of Pittsburgh School of Law. http://jurist.law.pitt.edu/paperchase/index.phpnoreply@blogger.comBernard Hibbitts [JURIST] Federal authorities have filed charges against 14 people in connection with insider trading at the hedge fund company Galleon Group, weeks after the arrest of the company's founder. An investigation by the Federal Bureau of Investigation (FBI) allegedly revealed more than $20 million in illegal profits and led to criminal charges against hedge fund managers, analysts and lawyers involved in the scheme. The Securities and Exchange Commission (SEC) also filed civil charges against 13 individuals and companies alleging more than $33 million in illicit gains related to Galleon Group. Manhattan US Attorney Preet Bharara said that the charges showed the government's focus on white collar prosecution. When we announced our first arrests three weeks ago, I said this case should be a wake-up call for Wall Street. Today the alarm bells have only grown louder. Over the last three weeks, we have charged 20 defendants with more than $40 million worth of alleged insider trading, and our investigation is ongoing. When criminal activity is your business model, business as usual has to stop.Bharara and FBI Assistant Director Joseph Demarest said that the investigation made use of wiretapping techniques, including "court-authorized pen register and telephone toll records, consensually-recorded conversations between cooperating sources and others, and court-authorized wire taps on various telephones." Speaking at a panel discussion held by the Practising Law Institute, Assistant Attorney General Lanny Breuer said Friday that the use of wiretaps was vital to a renewed focus at the Department of Justice (DOJ) on the prosecution of white collar crime. In July, the SEC promised to increase oversight and enforcement of securities laws to better protect investors. The policy reforms come in the wake of recent fraud litigation. In June, financier Bernard Madoff was sentenced to 150 years in prison on securities fraud charges stemming from his multi-billion dollar Ponzi scheme. Billionaire financier Allen Stanford pleaded not guilty in June to 21 charges of fraud, conspiracy and obstruction related to a $7 billion fraud scheme. Former HealthSouth CEO Richard Scrushy was ordered to pay $2.88 billion to shareholders after being found guilty of fraud for inflating company profits, insider trading and other charges. tag:blogger.com,1999:blog-4079894.post-4729473331117217389 2009-11-07T13:23:00.009-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/fbi-charges-14-more-in-galleon-group.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] Federal authorities have filed charges against 14 people in connection with insider trading at the hedge fund company Galleon Group, weeks after the arrest of the company's founder. An investigation by the Federal Bureau of Investigation (FBI) allegedly revealed more than $20 million in illegal profits and led to criminal charges against hedge fund managers, analysts and lawyers involved in the scheme. The Securities and Exchange Commission (SEC) also filed civil charges against 13 individuals and companies alleging more than $33 million in illicit gains related to Galleon Group. Manhattan US Attorney Preet Bharara said that the charges showed the government's focus on white collar prosecution. When we announced our first arrests three weeks ago, I said this case should be a wake-up call for Wall Street. Today the alarm bells have only grown louder. Over the last three weeks, we have charged 20 defendants with more than $40 million worth of alleged insider trading, and our investigation is ongoing. When criminal activity is your business model, business as usual has to stop.Bharara and FBI Assistant Director Joseph Demarest said that the investigation made use of wiretapping techniques, including "court-authorized pen register and telephone toll records, consensually-recorded conversations between cooperating sources and others, and court-authorized wire taps on various telephones." Speaking at a panel discussion held by the Practising Law Institute, Assistant Attorney General Lanny Breuer said Friday that the use of wiretaps was vital to a renewed focus at the Department of Justice (DOJ) on the prosecution of white collar crime. In July, the SEC promised to increase oversight and enforcement of securities laws to better protect investors. The policy reforms come in the wake of recent fraud litigation. In June, financier Bernard Madoff was sentenced to 150 years in prison on securities fraud charges stemming from his multi-billion dollar Ponzi scheme. Billionaire financier Allen Stanford pleaded not guilty in June to 21 charges of fraud, conspiracy and obstruction related to a $7 billion fraud scheme. Former HealthSouth CEO Richard Scrushy was ordered to pay $2.88 billion to shareholders after being found guilty of fraud for inflating company profits, insider trading and other charges. [JURIST] The Constitutional Court of Taiwan ruled Friday that a law penalizing prostitutes and not their clients is unconstitutional because it undermines equality under the country's constitution. The Social Order and Maintenance Act will have to be amended to meet constitutional fairness requirements, but will remain in effect two years from the date of the decision. Taiwan is currently reevaluating treatment of prostitution under the laws of the island, and perhaps including such measures as establishing zones in which prostitution would be legal. Taiwan regulated prostitution until 1997, when it was banned following an initiative by then-Taipei mayor Chen Shui-bian. The system that allowed licensed prostitutes to continue to work while they transitioned to different occupations was only phased out in 2001. tag:blogger.com,1999:blog-4079894.post-3474030176877483292 2009-11-07T13:16:00.010-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/taiwan-high-court-rules-prostitution.phpnoreply@blogger.comXimena Marinero JURIST - Paper Chase [JURIST] The Constitutional Court of Taiwan ruled Friday that a law penalizing prostitutes and not their clients is unconstitutional because it undermines equality under the country's constitution. The Social Order and Maintenance Act will have to be amended to meet constitutional fairness requirements, but will remain in effect two years from the date of the decision. Taiwan is currently reevaluating treatment of prostitution under the laws of the island, and perhaps including such measures as establishing zones in which prostitution would be legal. Taiwan regulated prostitution until 1997, when it was banned following an initiative by then-Taipei mayor Chen Shui-bian. The system that allowed licensed prostitutes to continue to work while they transitioned to different occupations was only phased out in 2001. [JURIST] Iranian officials covered up the sexual assault of detainees held after the disputed June 12 presidential election, Human Rights Watch (HRW) the rape and sexual assault of three protesters at the hands of Iranian security personnel, including one case which was accompanied by a medical examiner's report. HRW claims that officials at the Tehran hospital that treated a 27-year old activist for injuries suffered while in custody, including those indicative of forced sexual contact, tried to destroy the physician's report. The allegations of detainee mistreatment came days after the arrest of 109 supporters of opposition candidate Mir Hossein Mousavi during clashes with police at rallies held to mark the 30th anniversary of the seizure of the US embassy in Tehran. In September, an Iranian judicial panel rejected similar allegations of detainee assault brought by pro-reform presidential candidate Mehdi Karroubi and called for the arrest of those spreading false allegations. In August, Iranian President Mahmoud Ahmadinejad called for the prosecution of opposition leaders who allegedly conspired to orchestrate widespread protests after the presidential election. Human rights groups have accused the Iranian government of using the protests to "engage in what appears to be a major purge of reform-oriented individuals." tag:blogger.com,1999:blog-4079894.post-8090327748059011860 2009-11-07T12:42:00.007-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/hrw-claims-iran-police-sexually.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] Iranian officials covered up the sexual assault of detainees held after the disputed June 12 presidential election, Human Rights Watch (HRW) the rape and sexual assault of three protesters at the hands of Iranian security personnel, including one case which was accompanied by a medical examiner's report. HRW claims that officials at the Tehran hospital that treated a 27-year old activist for injuries suffered while in custody, including those indicative of forced sexual contact, tried to destroy the physician's report. The allegations of detainee mistreatment came days after the arrest of 109 supporters of opposition candidate Mir Hossein Mousavi during clashes with police at rallies held to mark the 30th anniversary of the seizure of the US embassy in Tehran. In September, an Iranian judicial panel rejected similar allegations of detainee assault brought by pro-reform presidential candidate Mehdi Karroubi and called for the arrest of those spreading false allegations. In August, Iranian President Mahmoud Ahmadinejad called for the prosecution of opposition leaders who allegedly conspired to orchestrate widespread protests after the presidential election. Human rights groups have accused the Iranian government of using the protests to "engage in what appears to be a major purge of reform-oriented individuals." [JURIST] The International Criminal Court (ICC) announced Friday that it has assigned three judges to the situation involving the violence perpetrated in the wake of Kenya's 2007 presidential elections. The decision came in response to a Thursday letter from chief prosecutor Luis Moreno-Ocampo in which he said that he intends to request formal authorization in December to initiate an investigation into the situation. Moreno-Ocampo may not begin a formal investigation until he receives the judges' authorization. The investigation may only proceed if Kenya does not conduct its own investigation into the matter, which it has thus far failed to do. Earlier Thursday, Moreno-Ocampo met with Kenyan President Mwai Kibaki and opposition leader Raila Odinga to inform them of his plans to seek an investigation. Moreno-Ocampo first stated his intentions to pursue the matter in October, citing Kenya's ratification of the Rome Statute as grounds for jurisdiction. In August, Human Rights Watch (HRW) called for an independent tribunal with international support and participation because "the Kenyan judiciary lacks independence," and the necessary reforms announced by the Kenyan Cabinet in late July would be insufficient. Earlier in July, Moreno-Ocampo received and reviewed a sealed envelope sent to the ICC by former UN secretary-general and current chairman of the African Union Panel of Eminent African Personalities Kofi Annan that contained a list of suspects believed to be responsible for the violence. More than 1,000 people were killed and 500,000 displaced following allegations of fraud in the country's presidential election. tag:blogger.com,1999:blog-4079894.post-1836155079598081429 2009-11-06T16:03:00.002-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/icc-assigns-judges-to-kenya-post.phpnoreply@blogger.comJaclyn Belczyk JURIST - Paper Chase [JURIST] The International Criminal Court (ICC) announced Friday that it has assigned three judges to the situation involving the violence perpetrated in the wake of Kenya's 2007 presidential elections. The decision came in response to a Thursday letter from chief prosecutor Luis Moreno-Ocampo in which he said that he intends to request formal authorization in December to initiate an investigation into the situation. Moreno-Ocampo may not begin a formal investigation until he receives the judges' authorization. The investigation may only proceed if Kenya does not conduct its own investigation into the matter, which it has thus far failed to do. Earlier Thursday, Moreno-Ocampo met with Kenyan President Mwai Kibaki and opposition leader Raila Odinga to inform them of his plans to seek an investigation. Moreno-Ocampo first stated his intentions to pursue the matter in October, citing Kenya's ratification of the Rome Statute as grounds for jurisdiction. In August, Human Rights Watch (HRW) called for an independent tribunal with international support and participation because "the Kenyan judiciary lacks independence," and the necessary reforms announced by the Kenyan Cabinet in late July would be insufficient. Earlier in July, Moreno-Ocampo received and reviewed a sealed envelope sent to the ICC by former UN secretary-general and current chairman of the African Union Panel of Eminent African Personalities Kofi Annan that contained a list of suspects believed to be responsible for the violence. More than 1,000 people were killed and 500,000 displaced following allegations of fraud in the country's presidential election. [JURIST] The US should reform its detention policy at Bagram Air Base in Afghanistan in order to combat counterinsurgency, according to a report released Thursday by Human Rights First (HRF). HRF called on the governments of the US and Afghanistan to reach an agreement that "set forth grounds and procedures for detention in accordance with international law." The report also urged the US to make sure that detainees have opportunities to challenge the lawfulness of their detentions. The report's author, Sahr MuhammedAlly, said: Successful counterinsurgency depends on US actions being seen as fair, humane, and beneficial to the security of the Afghan people, whose cooperation is needed to ensure a stable Afghanistan. To achieve this goal, the US government should take further steps now to support US goals of bolstering Afghan sovereignty, increase the capacity of the Afghans to handle detentions on their own, and to establish legitimacy of US detentions in the eyes of the Afghan people by reducing the risks of arbitrary detentions, mistaken captures, and to ensure detainees a more meaningful way to challenge their detention.HRW also released a second report Thursday outlining the detention and trials of detainees interviewed in April 2009.In September, the American Civil Liberties Union (ACLU) filed a lawsuit seeking information related to the treatment of prisoners at Bagram, citing fears that is becoming the "new Guantanamo." Earlier that month, the Obama administration issued new guidelines allowing Bagram detainees to challenge their indefinite incarceration. Detainees will have access to members of the US military who would be able to gather classified evidence and question witnesses on behalf of any detainee challenging his detention. The military officials would not be lawyers, but they are expected to provide detainees, some of whom have been held for more than five years without charges, better representation before military-appointed review boards. The changes come amidst ongoing protests by prisoners. Hundreds of Bagram detainees have been refusing shower and exercise time and have ceased participation in a family visits and teleconferences program set up by the International Committee of the Red Cross (ICRC). tag:blogger.com,1999:blog-4079894.post-8741362929140810014 2009-11-06T14:56:00.002-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/rights-group-urges-us-government-to.phpnoreply@blogger.comJaclyn Belczyk JURIST - Paper Chase [JURIST] The US should reform its detention policy at Bagram Air Base in Afghanistan in order to combat counterinsurgency, according to a report released Thursday by Human Rights First (HRF). HRF called on the governments of the US and Afghanistan to reach an agreement that "set forth grounds and procedures for detention in accordance with international law." The report also urged the US to make sure that detainees have opportunities to challenge the lawfulness of their detentions. The report's author, Sahr MuhammedAlly, said: Successful counterinsurgency depends on US actions being seen as fair, humane, and beneficial to the security of the Afghan people, whose cooperation is needed to ensure a stable Afghanistan. To achieve this goal, the US government should take further steps now to support US goals of bolstering Afghan sovereignty, increase the capacity of the Afghans to handle detentions on their own, and to establish legitimacy of US detentions in the eyes of the Afghan people by reducing the risks of arbitrary detentions, mistaken captures, and to ensure detainees a more meaningful way to challenge their detention.HRW also released a second report Thursday outlining the detention and trials of detainees interviewed in April 2009.In September, the American Civil Liberties Union (ACLU) filed a lawsuit seeking information related to the treatment of prisoners at Bagram, citing fears that is becoming the "new Guantanamo." Earlier that month, the Obama administration issued new guidelines allowing Bagram detainees to challenge their indefinite incarceration. Detainees will have access to members of the US military who would be able to gather classified evidence and question witnesses on behalf of any detainee challenging his detention. The military officials would not be lawyers, but they are expected to provide detainees, some of whom have been held for more than five years without charges, better representation before military-appointed review boards. The changes come amidst ongoing protests by prisoners. Hundreds of Bagram detainees have been refusing shower and exercise time and have ceased participation in a family visits and teleconferences program set up by the International Committee of the Red Cross (ICRC). [JURIST] A lawyer for the man accused of the double murder of human rights lawyer Stanislav Markelov and journalist Anastasia Baburova said Friday that his client has confessed to the crime. Nikita Tikhonov and female companion Yevgenia Khasis were arrested Thursday and brought before the Basmanny District Court. In an interview on the radio program Echo Moskvy, Tikhonov's lawyer, Yevgeny Skripelev, said Tikhonov did not intend to kill Baburova and murdered Markelov out of personal animosity rather than ideological grounds. Skripelev refuted claims that Tikhonov was part of the banned ultra-nationalist group Russian National Unity, insisting that he operated on his own accord. Markelov gained notoriety as director the the Rule of Law Institute prosecuting human rights abuses in Chechnya. He was leaving a press conference concerning his appeal against the early parole of Yuri Budanov, a former Russian military commander convicted of murdering a Chechen woman, when he and Babarova were shot in broad daylight in front of the Kropotkinskaya metro station. Markelov represented famed journalist Anna Politkovskaya, who was shot to death in October 2006. To date, no one has been convicted of Politkovskaya's murder. Markelov, Barbarova, and Politkovskaya are among many Russian human rights activists and journalists who have been murdered recently. Earlier this summer, Chechen human rights activist Zarema Sadulayeva and her husband Alik Dzhabrailov were found dead in the trunk of their car after being abducted in front of their workplace. The killings came less than a month after the death of Russian human rights activist Natalia Estemirova. In July, the body of Russian human rights activist Andrei Kulagin was found in a quarry. The Committee to Protect Journalists (CPJ) reported that, between 1992 and 2006, 42 journalists were killed in Russia. tag:blogger.com,1999:blog-4079894.post-1920862012158872927 2009-11-06T13:05:00.006-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/russia-suspect-confesses-to-killing.phpnoreply@blogger.comPatrice Collins JURIST - Paper Chase [JURIST] A lawyer for the man accused of the double murder of human rights lawyer Stanislav Markelov and journalist Anastasia Baburova said Friday that his client has confessed to the crime. Nikita Tikhonov and female companion Yevgenia Khasis were arrested Thursday and brought before the Basmanny District Court. In an interview on the radio program Echo Moskvy, Tikhonov's lawyer, Yevgeny Skripelev, said Tikhonov did not intend to kill Baburova and murdered Markelov out of personal animosity rather than ideological grounds. Skripelev refuted claims that Tikhonov was part of the banned ultra-nationalist group Russian National Unity, insisting that he operated on his own accord. Markelov gained notoriety as director the the Rule of Law Institute prosecuting human rights abuses in Chechnya. He was leaving a press conference concerning his appeal against the early parole of Yuri Budanov, a former Russian military commander convicted of murdering a Chechen woman, when he and Babarova were shot in broad daylight in front of the Kropotkinskaya metro station. Markelov represented famed journalist Anna Politkovskaya, who was shot to death in October 2006. To date, no one has been convicted of Politkovskaya's murder. Markelov, Barbarova, and Politkovskaya are among many Russian human rights activists and journalists who have been murdered recently. Earlier this summer, Chechen human rights activist Zarema Sadulayeva and her husband Alik Dzhabrailov were found dead in the trunk of their car after being abducted in front of their workplace. The killings came less than a month after the death of Russian human rights activist Natalia Estemirova. In July, the body of Russian human rights activist Andrei Kulagin was found in a quarry. The Committee to Protect Journalists (CPJ) reported that, between 1992 and 2006, 42 journalists were killed in Russia. [JURIST] The UN General Assembly on Thursday adopted a resolution giving Israel and Palestine three months to conduct independent investigations into possible war crimes committed during last winter's Gaza conflict. The General Assembly voted 114-18 with 44 abstentions expressing support for the Goldstone Report, the result of a UN Human Rights Council (UNHRC) fact-finding mission, which accused both Israeli Defense Forces (IDF) and Hamas fighters of war crimes during the conflict. Israel has criticized the report as biased, questioned the objectivity of the fact-finding, and on Wednesday urged the UN not to adopt the report's findings in a statement to the General Assembly. Israeli Ministry of Foreign Affairs spokesperson Yigal Palmor said that Israel rejects Thursday's resolution, calling it "completely detached from realities on the ground": The results of the vote and the large number of member states who voted against or abstained, demonstrate clearly that the resolution does not have the support of the "moral majority" of UN members. ... During Operation "Cast Lead" in Gaza, the Israel Defense Force demonstrated higher military and moral standards than each and every one of this resolution's instigators. Israel, like any other democratic nation, maintains the right to self-defense, and, as was witnessed in recent days, will continue to act to protect the lives of its citizens from the threat of international terrorism. The UN Security Council is unlikely to take action on the General Assembly's non-binding resolution, as China was alone among the five permanent members in supporting the resolution.In October, Israeli Prime Minister Benjamin Netanyahu announced the formation of a task force to respond to the Goldstone Report. The formation of the task force came just two weeks after the UNHRC passed a resolution officially endorsing the Goldstone Report. In September, Richard Goldstone, head of the Gaza mission, presented his findings to the UNHRC. The Goldstone mission began its field operations in Gaza in June, entering Gaza through Egypt's Rafah crossing after Israel announced that it would not cooperate with the investigation, and concluded hearings in July. Goldstone was appointed to head the investigation in April, amid strong criticism from Israel. tag:blogger.com,1999:blog-4079894.post-1735372476939475213 2009-11-06T10:21:00.027-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/un-general-assembly-adopts-resolution.phpnoreply@blogger.comZach Zagger JURIST - Paper Chase [JURIST] The UN General Assembly on Thursday adopted a resolution giving Israel and Palestine three months to conduct independent investigations into possible war crimes committed during last winter's Gaza conflict. The General Assembly voted 114-18 with 44 abstentions expressing support for the Goldstone Report, the result of a UN Human Rights Council (UNHRC) fact-finding mission, which accused both Israeli Defense Forces (IDF) and Hamas fighters of war crimes during the conflict. Israel has criticized the report as biased, questioned the objectivity of the fact-finding, and on Wednesday urged the UN not to adopt the report's findings in a statement to the General Assembly. Israeli Ministry of Foreign Affairs spokesperson Yigal Palmor said that Israel rejects Thursday's resolution, calling it "completely detached from realities on the ground": The results of the vote and the large number of member states who voted against or abstained, demonstrate clearly that the resolution does not have the support of the "moral majority" of UN members. ... During Operation "Cast Lead" in Gaza, the Israel Defense Force demonstrated higher military and moral standards than each and every one of this resolution's instigators. Israel, like any other democratic nation, maintains the right to self-defense, and, as was witnessed in recent days, will continue to act to protect the lives of its citizens from the threat of international terrorism. The UN Security Council is unlikely to take action on the General Assembly's non-binding resolution, as China was alone among the five permanent members in supporting the resolution.In October, Israeli Prime Minister Benjamin Netanyahu announced the formation of a task force to respond to the Goldstone Report. The formation of the task force came just two weeks after the UNHRC passed a resolution officially endorsing the Goldstone Report. In September, Richard Goldstone, head of the Gaza mission, presented his findings to the UNHRC. The Goldstone mission began its field operations in Gaza in June, entering Gaza through Egypt's Rafah crossing after Israel announced that it would not cooperate with the investigation, and concluded hearings in July. Goldstone was appointed to head the investigation in April, amid strong criticism from Israel. [JURIST] The US Senate voted 54-45 Thursday to defeat an amendment to an appropriations bill that would have prevented Guantanamo Bay detainees accused of involvement in 9/11 from being tried in federal courts. The amendment was proposed by Senator Lindsey Graham (R-SC) in response to a letter opposing federal court trials, signed by families of 9/11 victims. The decision is a success for US Attorney General Eric Holder and US Defense Secretary Robert Gates, who had supported allowing the government to decide between civilian and military trials. US President Barack Obama's administration expects to announce plans for detainee prosecutions by November 16. In October, Obama signed the Department of Homeland Security Appropriations Act of 2010 into law, which allows for Guantanamo Bay detainees to be transferred to the US for prosecution. The bill allocates $42.78 billion for the Department of Homeland Security (DHS) and, among other provisions, requires certain information about each transferred detainee to be disclosed to Congress including costs, legal rationales, and possible risks. Additionally, in order to close the Guantanamo facility, the president will be required to submit a report to Congress detailing the disposition of each current detainee. Congress also passed a bill last month amending the Military Commissions Act of 2006 to provide suspected terrorists with greater due process rights in military tribunals. The legislation comes after Holder announced that the Obama administration may miss its January deadline for closing the military prison at Guantanamo Bay, echoing prior statements by top administration officials. tag:blogger.com,1999:blog-4079894.post-4124316797267925794 2009-11-06T10:05:00.010-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/senate-defeats-proposal-to-prevent-911.phpnoreply@blogger.comAndrea Bottorff JURIST - Paper Chase [JURIST] The US Senate voted 54-45 Thursday to defeat an amendment to an appropriations bill that would have prevented Guantanamo Bay detainees accused of involvement in 9/11 from being tried in federal courts. The amendment was proposed by Senator Lindsey Graham (R-SC) in response to a letter opposing federal court trials, signed by families of 9/11 victims. The decision is a success for US Attorney General Eric Holder and US Defense Secretary Robert Gates, who had supported allowing the government to decide between civilian and military trials. US President Barack Obama's administration expects to announce plans for detainee prosecutions by November 16. In October, Obama signed the Department of Homeland Security Appropriations Act of 2010 into law, which allows for Guantanamo Bay detainees to be transferred to the US for prosecution. The bill allocates $42.78 billion for the Department of Homeland Security (DHS) and, among other provisions, requires certain information about each transferred detainee to be disclosed to Congress including costs, legal rationales, and possible risks. Additionally, in order to close the Guantanamo facility, the president will be required to submit a report to Congress detailing the disposition of each current detainee. Congress also passed a bill last month amending the Military Commissions Act of 2006 to provide suspected terrorists with greater due process rights in military tribunals. The legislation comes after Holder announced that the Obama administration may miss its January deadline for closing the military prison at Guantanamo Bay, echoing prior statements by top administration officials. [JURIST] The European Parliament and the Council of Ministers on Thursday unanimously reached an agreement on rules to increase competition between telecommunications providers and protect the consumer rights of Internet and mobile phone users. The agreement on the European Union (EU) Telecoms Reform package was reached after intense negotiations by the conciliation committee, which was arranged by the European Commission (EC) and composed of representatives of the 27 member states, Parliament, the Council of Ministers, and the EC. EU Commissioner for Information Society and Media Viviane Reding praised the agreement, saying: The reform will substantially enhance consumer rights and consumer choice in Europe's telecoms markets, and add new guarantees to ensure the openness and neutrality of the Internet. It will boost competition and investment in telecoms markets, and open up airwaves for new mobile services, allowing Internet broadband for all Europeans.The committee unanimously agreed on a provision substantially protecting the rights of EU citizens while providing procedural and judicial safeguards and due process rights, which Reding called a "strong signal that the EU takes fundamental rights very seriously." A plenary session of the European Parliament and the Council of Ministers is scheduled to vote on the new provision within the next six weeks. The Body of European Regulators for Electronic Communications (BEREC), established by the agreement to ensure increasingly neutral and open Internet and broadband access for all Europeans, is set to be created in the spring of 2010, followed a year later by the transfer of the Telecoms Reform into the national legislation of the 27 EU member states. The Telecoms Reform package was initially proposed by the EC in November 2007. In May, the European Parliament endorsed the Telecoms Reform, adding a controversial amendment establishing procedural and judicial rights of EU citizens and the degree to which the Internet should be protected by EU law. Last month, the French Constitutional Council approved a controversial Internet piracy law that would allow authorities to terminate an individual's Internet access for up to one year after a third violation of intellectual property laws for downloading or sharing movies and music. In contrast, the Finnish government announced last month that Internet access is a legal right for all citizens, becoming the first country to make such a declaration. tag:blogger.com,1999:blog-4079894.post-4730193639332990625 2009-11-06T09:55:00.054-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/eu-agrees-on-rules-to-reform.phpnoreply@blogger.comAnn Riley JURIST - Paper Chase [JURIST] The European Parliament and the Council of Ministers on Thursday unanimously reached an agreement on rules to increase competition between telecommunications providers and protect the consumer rights of Internet and mobile phone users. The agreement on the European Union (EU) Telecoms Reform package was reached after intense negotiations by the conciliation committee, which was arranged by the European Commission (EC) and composed of representatives of the 27 member states, Parliament, the Council of Ministers, and the EC. EU Commissioner for Information Society and Media Viviane Reding praised the agreement, saying: The reform will substantially enhance consumer rights and consumer choice in Europe's telecoms markets, and add new guarantees to ensure the openness and neutrality of the Internet. It will boost competition and investment in telecoms markets, and open up airwaves for new mobile services, allowing Internet broadband for all Europeans.The committee unanimously agreed on a provision substantially protecting the rights of EU citizens while providing procedural and judicial safeguards and due process rights, which Reding called a "strong signal that the EU takes fundamental rights very seriously." A plenary session of the European Parliament and the Council of Ministers is scheduled to vote on the new provision within the next six weeks. The Body of European Regulators for Electronic Communications (BEREC), established by the agreement to ensure increasingly neutral and open Internet and broadband access for all Europeans, is set to be created in the spring of 2010, followed a year later by the transfer of the Telecoms Reform into the national legislation of the 27 EU member states. The Telecoms Reform package was initially proposed by the EC in November 2007. In May, the European Parliament endorsed the Telecoms Reform, adding a controversial amendment establishing procedural and judicial rights of EU citizens and the degree to which the Internet should be protected by EU law. Last month, the French Constitutional Council approved a controversial Internet piracy law that would allow authorities to terminate an individual's Internet access for up to one year after a third violation of intellectual property laws for downloading or sharing movies and music. In contrast, the Finnish government announced last month that Internet access is a legal right for all citizens, becoming the first country to make such a declaration. [JURIST] An official from the Iraqi Independent High Electoral Commission on Friday called for a delay of the January 16 parliamentary elections, after the Iraqi Parliament remained at an impasse over updating a controversial provincial election law. Electoral commission chief Faraj al-Haidari told state media that it would be impossible to organize elections by January 16. The parliament is at a stalemate over two disputed issues - the inclusion of candidate names on the ballot instead of a closed list of parties, which would threaten the incumbency of powerful but unpopular MPs; and deciding who will be allowed to vote in the ethnically divided city of Kirkuk, which is residence to thousands of Kurds as well as Arabs. Many Arabs in Kirkuk feel that the voter records should pre-date the immigration of the Kurds, empowering Arab parties, or split the city into two voting districts. The election law was supposed to be passed 90 days before the election, which according to the Iraqi Constitution must take place by January 31, 2010. The election was pushed up to January 16 as a result of a Shia religious holiday in early February, which means the election delay will possibly miss its constitutional deadline and be delayed for several months. The possible delay in Iraqi legislative elections will also have an effect on the Obama administration's troop withdrawal plan. American military commanders planned to start withdrawing troops depending on the outcome of a draft bill approved by the Iraqi Cabinet that would require a referendum on the US-Iraq Status of Forces Agreement (SOFA), which allows US troops to remain in the country until the end of 2011. Under the proposed bill, which must still be approved by the Iraqi Parliament, the referendum was supposed to occur during the January 16 elections. If the SOFA were rejected by Iraqi voters, US troops would have only one year to withdraw, which would result in a January 2011 withdrawal - nearly a year ahead of schedule, making it one of the largest logistical feats taken on by a modern army. No parliamentary vote on the bill has been scheduled. tag:blogger.com,1999:blog-4079894.post-8563836151141466554 2009-11-06T09:53:00.015-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/iraq-official-urges-delay-of-january.phpnoreply@blogger.comSarah Miley JURIST - Paper Chase [JURIST] An official from the Iraqi Independent High Electoral Commission on Friday called for a delay of the January 16 parliamentary elections, after the Iraqi Parliament remained at an impasse over updating a controversial provincial election law. Electoral commission chief Faraj al-Haidari told state media that it would be impossible to organize elections by January 16. The parliament is at a stalemate over two disputed issues - the inclusion of candidate names on the ballot instead of a closed list of parties, which would threaten the incumbency of powerful but unpopular MPs; and deciding who will be allowed to vote in the ethnically divided city of Kirkuk, which is residence to thousands of Kurds as well as Arabs. Many Arabs in Kirkuk feel that the voter records should pre-date the immigration of the Kurds, empowering Arab parties, or split the city into two voting districts. The election law was supposed to be passed 90 days before the election, which according to the Iraqi Constitution must take place by January 31, 2010. The election was pushed up to January 16 as a result of a Shia religious holiday in early February, which means the election delay will possibly miss its constitutional deadline and be delayed for several months. The possible delay in Iraqi legislative elections will also have an effect on the Obama administration's troop withdrawal plan. American military commanders planned to start withdrawing troops depending on the outcome of a draft bill approved by the Iraqi Cabinet that would require a referendum on the US-Iraq Status of Forces Agreement (SOFA), which allows US troops to remain in the country until the end of 2011. Under the proposed bill, which must still be approved by the Iraqi Parliament, the referendum was supposed to occur during the January 16 elections. If the SOFA were rejected by Iraqi voters, US troops would have only one year to withdraw, which would result in a January 2011 withdrawal - nearly a year ahead of schedule, making it one of the largest logistical feats taken on by a modern army. No parliamentary vote on the bill has been scheduled. [JURIST] The International Criminal Court (ICC) on Thursday set the trial date for former Democratic Republic of Congo (DRC) vice-president Jean-Pierre Bemba Gombo for April 27. The trial date was set to give the defense six months of preparation from the date the Office of the Prosecutor fulfills its disclosure obligations, in compliance with the ICC Rules of Procedure and Evidence. The ICC order also allotted the defense €30,150 per month to be paid for the period beginning in March 2009 and until there is a "material change in circumstances." Bemba is accused of committing crimes against humanity and war crimes in the Central African Republic (CAR) as military leader of the Congo Liberation Movement (MLC) from October 2002 to May 2003. During the trial, the prosecution intends to call 37 witnesses and introduce 476 documents. The ICC Appeals Chamber decided in September that Bemba Gombo will remain in custody until his trial. In August, the ICC ordered Bemba to stand trial for the alleged commission of violent war crimes. Bemba was arrested in Belgium after the ICC issued a warrant for his arrest in May 2008 for his actions in the CAR. He was indicted and transferred to the ICC in July 2008. The proceedings against Bemba were initially postponed, but the pre-trial hearing to determine what charges the rebel leader is to face commenced in January. Bemba was elected to the Congolese Senate after losing a run-off presidential election to Joseph Kabila, who, in December 2006, became the first freely-elected president of the DRC since 1960. After the election, Bemba's private militia force led a violent campaign against government troops until the DRC Supreme Court rejected his election challenge. tag:blogger.com,1999:blog-4079894.post-9105107641797250257 2009-11-06T08:08:00.012-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/icc-sets-trial-of-congo-rebel-leader.phpnoreply@blogger.comXimena Marinero JURIST - Paper Chase [JURIST] The International Criminal Court (ICC) on Thursday set the trial date for former Democratic Republic of Congo (DRC) vice-president Jean-Pierre Bemba Gombo for April 27. The trial date was set to give the defense six months of preparation from the date the Office of the Prosecutor fulfills its disclosure obligations, in compliance with the ICC Rules of Procedure and Evidence. The ICC order also allotted the defense €30,150 per month to be paid for the period beginning in March 2009 and until there is a "material change in circumstances." Bemba is accused of committing crimes against humanity and war crimes in the Central African Republic (CAR) as military leader of the Congo Liberation Movement (MLC) from October 2002 to May 2003. During the trial, the prosecution intends to call 37 witnesses and introduce 476 documents. The ICC Appeals Chamber decided in September that Bemba Gombo will remain in custody until his trial. In August, the ICC ordered Bemba to stand trial for the alleged commission of violent war crimes. Bemba was arrested in Belgium after the ICC issued a warrant for his arrest in May 2008 for his actions in the CAR. He was indicted and transferred to the ICC in July 2008. The proceedings against Bemba were initially postponed, but the pre-trial hearing to determine what charges the rebel leader is to face commenced in January. Bemba was elected to the Congolese Senate after losing a run-off presidential election to Joseph Kabila, who, in December 2006, became the first freely-elected president of the DRC since 1960. After the election, Bemba's private militia force led a violent campaign against government troops until the DRC Supreme Court rejected his election challenge. [JURIST] The International Criminal Tribunal for Rwanda (ICTR) on Thursday sentenced former director of the Rwanda tea industry Michel Bagaragaza to eight years in prison on charges of complicity in genocide. As director general of OCIR-Tea, Bagaragaza was accused of training, funding, and arming the Interahamwe, a Hutu militia responsible for the deaths of thousands of Tutsis during the 1994 Rwandan genocide. In explaining the leniency of the sentence in relation to the charge, the trial chamber of the ICTR stated: Bagaragaza has provided invaluable assistance to the Prosecution in its investigations. His assistance started before he was indicted without concern for self-incrimination, continued without reservation after he was indicted and detained, and he has indicated his willingness to also assist in the future. Bagaragaza has thereby, to a remarkable degree, contributed to the process of truthfinding with respect to the Rwandan tragedy and to national reconciliation. This warrants a substantial reduction of the sentence that the gravity of his offence would otherwise carry.The eight-year prison term includes the four years Bagaragaza has already spent in custody at The Hague and in Arusha, Tanzania.Bagaragaza pleaded guilty last month to the charge of complicity in genocide, after which the prosecution submitted an amended indictment dropping the charges of genocide and conspiracy to commit genocide. Bagaragaza was transferred from The Hague to the ICTR in Arusha, Tanzania, in May 2008 after a Dutch court ruled that it lacked jurisdiction to try his case. In August 2007, the ICTR revoked a previous order transferring Bagaragaza's case to a local court in the Netherlands after the country expressed doubt that its court system could handle the trial. In 2006, the ICTR denied a request by the prosecution to transfer Bagaragaza's trial to Norway because Norway did not have a specific law against genocide. Bagaragaza surrendered to the ICTR in August 2005. tag:blogger.com,1999:blog-4079894.post-5361095105303747097 2009-11-05T14:09:00.011-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/former-rwanda-tea-official-sentenced-to.phpnoreply@blogger.comDwyer Arce JURIST - Paper Chase [JURIST] The International Criminal Tribunal for Rwanda (ICTR) on Thursday sentenced former director of the Rwanda tea industry Michel Bagaragaza to eight years in prison on charges of complicity in genocide. As director general of OCIR-Tea, Bagaragaza was accused of training, funding, and arming the Interahamwe, a Hutu militia responsible for the deaths of thousands of Tutsis during the 1994 Rwandan genocide. In explaining the leniency of the sentence in relation to the charge, the trial chamber of the ICTR stated: Bagaragaza has provided invaluable assistance to the Prosecution in its investigations. His assistance started before he was indicted without concern for self-incrimination, continued without reservation after he was indicted and detained, and he has indicated his willingness to also assist in the future. Bagaragaza has thereby, to a remarkable degree, contributed to the process of truthfinding with respect to the Rwandan tragedy and to national reconciliation. This warrants a substantial reduction of the sentence that the gravity of his offence would otherwise carry.The eight-year prison term includes the four years Bagaragaza has already spent in custody at The Hague and in Arusha, Tanzania.Bagaragaza pleaded guilty last month to the charge of complicity in genocide, after which the prosecution submitted an amended indictment dropping the charges of genocide and conspiracy to commit genocide. Bagaragaza was transferred from The Hague to the ICTR in Arusha, Tanzania, in May 2008 after a Dutch court ruled that it lacked jurisdiction to try his case. In August 2007, the ICTR revoked a previous order transferring Bagaragaza's case to a local court in the Netherlands after the country expressed doubt that its court system could handle the trial. In 2006, the ICTR denied a request by the prosecution to transfer Bagaragaza's trial to Norway because Norway did not have a specific law against genocide. Bagaragaza surrendered to the ICTR in August 2005. [JURIST] The US House of Representatives Financial Services Committee on Wednesday voted 41-28 for passage of the Investor Protection Act. Among the regulations included in the bill are an enhancement of powers for the Securities and Exchange Commission (SEC), additional protections for whistleblowers, and establishment of fiduciary duties for brokers and dealers. Bill sponsor Paul Kanjorski (D-PA) said: In order to maintain a sound economy, we must improve investor protection and confidence. The Investor Protection Act aims to achieve these goals while also improving enforcement powers at the US Securities and Exchange Commission and implementing a fiduciary standard for broker-dealers and investment advisers to ensure that customers' interests are at the forefront of investment recommendations. Our financial system has failed far too many investors for far too long and we must change course. I believe this bill has the capabilities to address many of the problems we continue to face.With its passage by a strict party-line vote, the bill now moves to the full House, though committee chair Barney Frank (D-MA) indicated on Tuesday that full House voting on this and other financial reform measures is not likely to begin until December.In the wake of the collapse of the housing and credit markets, as well as the Bernard Madoff scandal, financial services reform has been a focus of lawmakers in 2009. In late October, the House Financial Services Committee approved proposed legislation that would establish transparency in credit rating agencies. That same week, the committee also approved a bill to create a new Consumer Financial Protection Agency, an agency that President Barack Obama called for in June. In early September, the SEC inspector general released a report outlining missteps by the agency in failing to detect the Ponzi scheme that led to Madoff's investors losing an estimated $21 billion. tag:blogger.com,1999:blog-4079894.post-1255593839135982823 2009-11-05T13:10:00.018-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/house-financial-services-committee.phpnoreply@blogger.comBrian Jackson JURIST - Paper Chase [JURIST] The US House of Representatives Financial Services Committee on Wednesday voted 41-28 for passage of the Investor Protection Act. Among the regulations included in the bill are an enhancement of powers for the Securities and Exchange Commission (SEC), additional protections for whistleblowers, and establishment of fiduciary duties for brokers and dealers. Bill sponsor Paul Kanjorski (D-PA) said: In order to maintain a sound economy, we must improve investor protection and confidence. The Investor Protection Act aims to achieve these goals while also improving enforcement powers at the US Securities and Exchange Commission and implementing a fiduciary standard for broker-dealers and investment advisers to ensure that customers' interests are at the forefront of investment recommendations. Our financial system has failed far too many investors for far too long and we must change course. I believe this bill has the capabilities to address many of the problems we continue to face.With its passage by a strict party-line vote, the bill now moves to the full House, though committee chair Barney Frank (D-MA) indicated on Tuesday that full House voting on this and other financial reform measures is not likely to begin until December.In the wake of the collapse of the housing and credit markets, as well as the Bernard Madoff scandal, financial services reform has been a focus of lawmakers in 2009. In late October, the House Financial Services Committee approved proposed legislation that would establish transparency in credit rating agencies. That same week, the committee also approved a bill to create a new Consumer Financial Protection Agency, an agency that President Barack Obama called for in June. In early September, the SEC inspector general released a report outlining missteps by the agency in failing to detect the Ponzi scheme that led to Madoff's investors losing an estimated $21 billion. [JURIST] The International Criminal Tribunal for the Former Yugoslavia (ICTY) announced Thursday that former Bosnian Serb leader Radovan Karadzic will be appointed counsel to represent him in the event that he does not appear in court. The ICTY announced the decision in response to Karadzic's boycott of war crimes proceedings against him. Karadzic was boycotting the proceedings based on his assertion that he has had inadequate time to prepare his defense. Karadzic appeared in court earlier this week to renew his plea for more time, but that request was again denied. The ICTY adjourned the trial until March 1 to give the newly-appointed counsel time to prepare. Karadzic faces 11 counts of genocide, crimes against humanity and violations of the laws and customs of war. The charges arise from crimes committed during the 1992-1995 Bosnian war, including those committed in the Srebenica massacre. Karadzic has claimed immunity from proceedings, but the ICTY has rejected his argument. Karadzic was originally indicted by the ICTY in 1995 but had been in hiding under an assumed identity until his arrest in July 2008. Prior ICTY estimates have identified Karadzic's trial as the tribunal's last, although ICTY fugitives Ratko Mladic and Goran Hadzic have yet to be apprehended. tag:blogger.com,1999:blog-4079894.post-1172905211705386877 2009-11-05T12:12:00.020-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/icty-to-appoint-counsel-for-karadzic.phpnoreply@blogger.comSteve Dotterer JURIST - Paper Chase [JURIST] The International Criminal Tribunal for the Former Yugoslavia (ICTY) announced Thursday that former Bosnian Serb leader Radovan Karadzic will be appointed counsel to represent him in the event that he does not appear in court. The ICTY announced the decision in response to Karadzic's boycott of war crimes proceedings against him. Karadzic was boycotting the proceedings based on his assertion that he has had inadequate time to prepare his defense. Karadzic appeared in court earlier this week to renew his plea for more time, but that request was again denied. The ICTY adjourned the trial until March 1 to give the newly-appointed counsel time to prepare. Karadzic faces 11 counts of genocide, crimes against humanity and violations of the laws and customs of war. The charges arise from crimes committed during the 1992-1995 Bosnian war, including those committed in the Srebenica massacre. Karadzic has claimed immunity from proceedings, but the ICTY has rejected his argument. Karadzic was originally indicted by the ICTY in 1995 but had been in hiding under an assumed identity until his arrest in July 2008. Prior ICTY estimates have identified Karadzic's trial as the tribunal's last, although ICTY fugitives Ratko Mladic and Goran Hadzic have yet to be apprehended. [JURIST] Sri Lanka's Chief of Defense Staff General Sarath Fonseka returned home Thursday without being questioned by the US Department of Homeland Security (DHS) about alleged war crimes. Fonseka, a US permanent resident with a diplomatic passport and a Green Card, had traveled to the US to visit his daughters in Oklahoma. The Sri Lankan government was concerned that the DHS was seeking testimony from Fonseka against Sri Lankan Defense Secretary Gotabhaya Rajapaksa on allegations of human rights violations. Sri Lanka's Foreign Ministry released a statement saying: was not subjected to any questioning prior to his departure by the United States Department of Homeland Security or any other agency of the US Government. The Ministry of Foreign Affairs appreciates the receptive and constructive attitude adopted by the US authorities, which in turn allowed General Fonseka to leave the United States without any damage to the national interest of Sri Lanka and to the dignity of his Office.Earlier this week, Sri Lankan Foreign Minister Rohitha Bogollagama objected to the plans and asserted that any information from Fonseka is privileged and cannot legally be shared with a third party without consent from the Sri Lankan government. The allegations of human rights violations originate from incidents that took place during the final months of Sri Lanka's civil war by both the government and the rebel Liberation Tigers of Tamil Eelam (LTTE). Last month, the US Department of State (DOS) released a report on the conflict urging Sri Lankan officials to investigate reports of human rights violations and war crimes and prosecute those responsible. While the government of Sri Lanka rejected the findings of the DOS report, President Mahinda Rajapaksa decided last month to appoint an independent committee to investigate allegations of human rights violations. tag:blogger.com,1999:blog-4079894.post-7664010197907767337 2009-11-05T12:05:00.013-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/top-sri-lanka-military-official-departs.phpnoreply@blogger.comCarrie Schimizzi JURIST - Paper Chase [JURIST] Sri Lanka's Chief of Defense Staff General Sarath Fonseka returned home Thursday without being questioned by the US Department of Homeland Security (DHS) about alleged war crimes. Fonseka, a US permanent resident with a diplomatic passport and a Green Card, had traveled to the US to visit his daughters in Oklahoma. The Sri Lankan government was concerned that the DHS was seeking testimony from Fonseka against Sri Lankan Defense Secretary Gotabhaya Rajapaksa on allegations of human rights violations. Sri Lanka's Foreign Ministry released a statement saying: was not subjected to any questioning prior to his departure by the United States Department of Homeland Security or any other agency of the US Government. The Ministry of Foreign Affairs appreciates the receptive and constructive attitude adopted by the US authorities, which in turn allowed General Fonseka to leave the United States without any damage to the national interest of Sri Lanka and to the dignity of his Office.Earlier this week, Sri Lankan Foreign Minister Rohitha Bogollagama objected to the plans and asserted that any information from Fonseka is privileged and cannot legally be shared with a third party without consent from the Sri Lankan government. The allegations of human rights violations originate from incidents that took place during the final months of Sri Lanka's civil war by both the government and the rebel Liberation Tigers of Tamil Eelam (LTTE). Last month, the US Department of State (DOS) released a report on the conflict urging Sri Lankan officials to investigate reports of human rights violations and war crimes and prosecute those responsible. While the government of Sri Lanka rejected the findings of the DOS report, President Mahinda Rajapaksa decided last month to appoint an independent committee to investigate allegations of human rights violations. [JURIST] Two senior Indonesian law enforcement officials resigned Thursday after being linked to an alleged plot to weaken the Corruption Eradication Commisions (KPK), an anti-corruption agency. Deputy Attorney General Abdul Hakim Ritonga and Chief Detective Susno Duadjia were mentioned by name in a tape recorded conversation about a plan to fabricate charges against KPK leaders. The tapes were released by the KPK and played as part of the defense of two KPK officials, Chandra Hamzah and Bibit Samad Riyanto, during nationally televised court proceedings. Indonesian President Susilo Bambang Yudhoyono said that more resignations or suspensions may be forthcoming since he advised law enforcement officials to suspend those whose names were mentioned in the tapes. In October 2008, an Indonesian court sentenced former Bank Indonesia (BI) chief Burhanuddin Abdullah to five years in prison on corruption charges for knowingly approving the misappropriation of $10 million of the central bank's funds as the result of an investigation by the KPK. The KPK began investigating the Indonesian Supreme Court for suspected embezzlement in June 2008. Yudhoyono was elected in October 2004 on an anti-corruption platform and has since struggled to rein-in corruption in Indonesia's judicial system. In 2006, World Bank officials called judicial corruption one of the biggest challenges for Indonesia, and anti-corruption group Transparency International has since said that the country is perceived as one of the most corrupt worldwide. tag:blogger.com,1999:blog-4079894.post-5335015107008453426 2009-11-05T11:46:00.022-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/indonesia-law-enforcement-officials.phpHwojdowski@gmail.comHaley Wojdowski JURIST - Paper Chase [JURIST] Two senior Indonesian law enforcement officials resigned Thursday after being linked to an alleged plot to weaken the Corruption Eradication Commisions (KPK), an anti-corruption agency. Deputy Attorney General Abdul Hakim Ritonga and Chief Detective Susno Duadjia were mentioned by name in a tape recorded conversation about a plan to fabricate charges against KPK leaders. The tapes were released by the KPK and played as part of the defense of two KPK officials, Chandra Hamzah and Bibit Samad Riyanto, during nationally televised court proceedings. Indonesian President Susilo Bambang Yudhoyono said that more resignations or suspensions may be forthcoming since he advised law enforcement officials to suspend those whose names were mentioned in the tapes. In October 2008, an Indonesian court sentenced former Bank Indonesia (BI) chief Burhanuddin Abdullah to five years in prison on corruption charges for knowingly approving the misappropriation of $10 million of the central bank's funds as the result of an investigation by the KPK. The KPK began investigating the Indonesian Supreme Court for suspected embezzlement in June 2008. Yudhoyono was elected in October 2004 on an anti-corruption platform and has since struggled to rein-in corruption in Indonesia's judicial system. In 2006, World Bank officials called judicial corruption one of the biggest challenges for Indonesia, and anti-corruption group Transparency International has since said that the country is perceived as one of the most corrupt worldwide. [JURIST] International Criminal Court (ICC) chief prosecutor Luis Moreno-Ocampo on Thursday announced that he will ask the ICC to open a formal inquiry into violence perpetrated in the wake of Kenya's 2007 presidential elections. Following a meeting to discuss the ICC inquiry with Kenyan President Mwai Kibaki and opposition leader Raila Odinga, Moreno-Ocampo said that crimes against humanity committed during the post-election period justify an ICC investigation. I consider the conflict in Kenya were crimes against humanity and I consider, that, therefore, the gravity is there, so therefore I should proceed. So I informed them in December I will request to the judges of the International Criminal Court to open an investigation. Moreno-Ocampo first stated his intentions to pursue the matter in October, citing Kenya's ratification of the Rome Statute as grounds for jurisdiction.In August, Human Rights Watch (HRW) called for an independent tribunal with international support and participation because "the Kenyan judiciary lacks independence," and the necessary reforms announced by the Kenyan Cabinet in late July would be insufficient. Earlier in July, Moreno-Ocampo received and reviewed a sealed envelope sent to the ICC by former UN secretary-general and current chairman of the African Union Panel of Eminent African Personalities Kofi Annan that contained a list of suspects believed to be responsible for the violence. More than 1,000 people were killed and 500,000 displaced following allegations of fraud in the country's presidential election. tag:blogger.com,1999:blog-4079894.post-4770016138987948474 2009-11-05T11:09:00.031-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/icc-prosecutor-seeking-formal.phpnoreply@blogger.comDaniel Makosky JURIST - Paper Chase [JURIST] International Criminal Court (ICC) chief prosecutor Luis Moreno-Ocampo on Thursday announced that he will ask the ICC to open a formal inquiry into violence perpetrated in the wake of Kenya's 2007 presidential elections. Following a meeting to discuss the ICC inquiry with Kenyan President Mwai Kibaki and opposition leader Raila Odinga, Moreno-Ocampo said that crimes against humanity committed during the post-election period justify an ICC investigation. I consider the conflict in Kenya were crimes against humanity and I consider, that, therefore, the gravity is there, so therefore I should proceed. So I informed them in December I will request to the judges of the International Criminal Court to open an investigation. Moreno-Ocampo first stated his intentions to pursue the matter in October, citing Kenya's ratification of the Rome Statute as grounds for jurisdiction.In August, Human Rights Watch (HRW) called for an independent tribunal with international support and participation because "the Kenyan judiciary lacks independence," and the necessary reforms announced by the Kenyan Cabinet in late July would be insufficient. Earlier in July, Moreno-Ocampo received and reviewed a sealed envelope sent to the ICC by former UN secretary-general and current chairman of the African Union Panel of Eminent African Personalities Kofi Annan that contained a list of suspects believed to be responsible for the violence. More than 1,000 people were killed and 500,000 displaced following allegations of fraud in the country's presidential election. [JURIST] The New York Attorney General on Wednesday filed an antitrust suit against Intel, alleging that the microprocessor manufacturer engaged in illegal conduct to further its dominance in the marketplace. The complaint alleges that Intel obtained exclusive contracts from manufacturers in exchange for large payments. Attorney General Andrew Cuomo claims that many of these agreements were aimed at specifically disadvantaging Advanced Micro Devices (AMD), one of the company's strongest competitors. Such agreements are claimed to have been enforced despite not being part of any written contract. The complaint also alleges that Intel threatened to withhold funding or development from computer companies if they marketed or promoted AMD-based systems. Computer manufacturers allegedly involved in these agreements include IBM, HP, and Dell. Cuomo commented on the suit: Rather than compete fairly, Intel used bribery and coercion to maintain a stranglehold on the market. Intel's actions not only unfairly restricted potential competitors, but also hurt average consumers who were robbed of better products and lower prices. These illegal tactics must stop and competition must be restored to this vital marketplace.The investigation, which began in January 2008, is based largely on internal e-mail correspondence and documents from various computer manufacturers as well as witness testimony.Intel has faced numerous antitrust allegations in the past. In July, Intel appealed a European Commission (EC) ruling that fined the company €1.06 billion for violating European Union antitrust laws. Similarly to the allegations brought by New York, the EC held that the company paid manufacturers to not use AMD products. In June 2008, the US Federal Trade Commission (FTC) opened a probe against Intel for anti-competitive behavior. Also last year, the Korean Fair Trade Commission (KFTC) fined Intel nearly $26 million after a KFTC probe found that the company had engaged in anti-competitive practices. In 2005, AMD filed a civil suit against Intel. The court date for that suit is set for January 2010. tag:blogger.com,1999:blog-4079894.post-2212805228535809006 2009-11-05T08:04:00.007-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/new-york-ag-files-antitrust-suit.phpnoreply@blogger.comChristian Ehret JURIST - Paper Chase [JURIST] The New York Attorney General on Wednesday filed an antitrust suit against Intel, alleging that the microprocessor manufacturer engaged in illegal conduct to further its dominance in the marketplace. The complaint alleges that Intel obtained exclusive contracts from manufacturers in exchange for large payments. Attorney General Andrew Cuomo claims that many of these agreements were aimed at specifically disadvantaging Advanced Micro Devices (AMD), one of the company's strongest competitors. Such agreements are claimed to have been enforced despite not being part of any written contract. The complaint also alleges that Intel threatened to withhold funding or development from computer companies if they marketed or promoted AMD-based systems. Computer manufacturers allegedly involved in these agreements include IBM, HP, and Dell. Cuomo commented on the suit: Rather than compete fairly, Intel used bribery and coercion to maintain a stranglehold on the market. Intel's actions not only unfairly restricted potential competitors, but also hurt average consumers who were robbed of better products and lower prices. These illegal tactics must stop and competition must be restored to this vital marketplace.The investigation, which began in January 2008, is based largely on internal e-mail correspondence and documents from various computer manufacturers as well as witness testimony.Intel has faced numerous antitrust allegations in the past. In July, Intel appealed a European Commission (EC) ruling that fined the company €1.06 billion for violating European Union antitrust laws. Similarly to the allegations brought by New York, the EC held that the company paid manufacturers to not use AMD products. In June 2008, the US Federal Trade Commission (FTC) opened a probe against Intel for anti-competitive behavior. Also last year, the Korean Fair Trade Commission (KFTC) fined Intel nearly $26 million after a KFTC probe found that the company had engaged in anti-competitive practices. In 2005, AMD filed a civil suit against Intel. The court date for that suit is set for January 2010. [JURIST] An Illinois Cook County Circuit Court judge on Wednesday granted a temporary restraining order on the Parental Notice of Abortion Act of 1995 only hours after the Illinois Medical Disciplinary Board had ruled to begin enforcing the law. The order was sought by the the American Civil Liberties Union of Illinois (ACLU-IL) in support of a suit brought by a local medical doctor and a women's clinic on behalf of themselves and their minor patients. ACLU-IL alleged that enforcement of the law would cause major harm and compromise the privacy of some Illinois teen-aged women. The Medical Disciplinary Board had declined on Wednesday to extend a 90-day grace period that the Illinois Department of Finance and Professional Regulation (DFPR) granted in August. Anti-abortion advocates like the Pro-Life Action League had welcomed the Board's decision but later in the day expressed disappointment over the temporary restraining order. The DFPR's decisiont to grant a grace period followed a ruling in July by the US Court of Appeals for the Seventh Circuit that reversed a district court injunction barring the law's enforcement. The 1995 law, which has never been enforced, authorizes state judges to waive the notice requirement if doing so would be in a minor's best interest, but otherwise requires parental notification for minors seeking an abortion. Controversy on abortion laws has also continued in other states. In August, a judge in the US District Court for the District of South Dakota issued a ruling clarifying that South Dakota doctors are required to tell women seeking an abortion that they are about to terminate a unique human life before performing the procedure, partially upholding a state law. In the same month, an Oklahoma state court judge ruled that a state law requiring women seeking an abortion to have an ultrasound within an hour of the procedure violates the Oklahoma Constitution. tag:blogger.com,1999:blog-4079894.post-4433770003226202987 2009-11-05T07:44:00.007-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/illinois-court-again-delays-enforcement.phpnoreply@blogger.comXimena Marinero JURIST - Paper Chase [JURIST] An Illinois Cook County Circuit Court judge on Wednesday granted a temporary restraining order on the Parental Notice of Abortion Act of 1995 only hours after the Illinois Medical Disciplinary Board had ruled to begin enforcing the law. The order was sought by the the American Civil Liberties Union of Illinois (ACLU-IL) in support of a suit brought by a local medical doctor and a women's clinic on behalf of themselves and their minor patients. ACLU-IL alleged that enforcement of the law would cause major harm and compromise the privacy of some Illinois teen-aged women. The Medical Disciplinary Board had declined on Wednesday to extend a 90-day grace period that the Illinois Department of Finance and Professional Regulation (DFPR) granted in August. Anti-abortion advocates like the Pro-Life Action League had welcomed the Board's decision but later in the day expressed disappointment over the temporary restraining order. The DFPR's decisiont to grant a grace period followed a ruling in July by the US Court of Appeals for the Seventh Circuit that reversed a district court injunction barring the law's enforcement. The 1995 law, which has never been enforced, authorizes state judges to waive the notice requirement if doing so would be in a minor's best interest, but otherwise requires parental notification for minors seeking an abortion. Controversy on abortion laws has also continued in other states. In August, a judge in the US District Court for the District of South Dakota issued a ruling clarifying that South Dakota doctors are required to tell women seeking an abortion that they are about to terminate a unique human life before performing the procedure, partially upholding a state law. In the same month, an Oklahoma state court judge ruled that a state law requiring women seeking an abortion to have an ultrasound within an hour of the procedure violates the Oklahoma Constitution. [JURIST] The Ohio Supreme Court set dates Wednesday for two inmates to be executed by lethal injection, despite a temporary stay on executions in the state. Michael Bueke is scheduled to be executed on May 13 of next year, and Richard Nields is scheduled to be executed on June 10. Ohio's lethal injection process is currently under review after the failed execution of Romell Broom in September, but Governor Ted Strickland expects the review process to be completed before the end of the year. Executions in Ohio have been postponed since September. Last month, a federal court delayed the execution of Kenneth Biros, and Strickland issued a temporary reprieve for Lawrence Reynolds and Darryl Durr. The controversy over Ohio's lethal injection procedures began when, during Broom's execution, officials failed on multiple attempts over two hours to find his vein for the lethal injection. A federal judge eventually issued an order delaying his execution. tag:blogger.com,1999:blog-4079894.post-138988610712229181 2009-11-05T07:06:00.001-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/ohio-supreme-court-schedules-executions.phpnoreply@blogger.comDavid Manes JURIST - Paper Chase [JURIST] The Ohio Supreme Court set dates Wednesday for two inmates to be executed by lethal injection, despite a temporary stay on executions in the state. Michael Bueke is scheduled to be executed on May 13 of next year, and Richard Nields is scheduled to be executed on June 10. Ohio's lethal injection process is currently under review after the failed execution of Romell Broom in September, but Governor Ted Strickland expects the review process to be completed before the end of the year. Executions in Ohio have been postponed since September. Last month, a federal court delayed the execution of Kenneth Biros, and Strickland issued a temporary reprieve for Lawrence Reynolds and Darryl Durr. The controversy over Ohio's lethal injection procedures began when, during Broom's execution, officials failed on multiple attempts over two hours to find his vein for the lethal injection. A federal judge eventually issued an order delaying his execution. [JURIST] Researchers in Sarajevo on Tuesday unveiled a Google Earth tool mapping the sites of war crimes committed during the 1992-1995 Bosnian genocide. The Bosnian war crimes atlas was compiled by the Research and Documentation Center (RDC), a Sarajevo-based research organization tasked with collecting data regarding the events of the three-year conflict. RDC director Mirsad Tokaca described the project as: an educational tool offering access to facts regarding mass killings, rape, war victims, and court judgments, as well as data on the destruction of the religious, cultural and historical heritage of Bosnia and Herzegovina ... represent a digital memorial to all victims of the last war, regardless of their ethnic, religious, political and social affiliation.The atlas pinpoints 50,000 individual geographical locations where war crimes occurred, including those of mass killings and mass graves, in addition to the names of individual victims and court documentation. The project has been criticized by prominent Bosnian Muslims for placing the estimated number of casualties at around 100,000, significantly lower than the frequently cited figure of 250,000.The launch of the atlas came on the same day that the International Criminal Tribunal for the former Yugoslavia (ICTY) denied a request by former Bosnian Serb leader Radovan Karadzic for additional time in preparing his defense against numerous charges, including genocide and murder, for his conduct during the Bosnian genocide. The ICTY resumed the trial in abstentia last week after Karadzic boycotted the proceedings, citing a lack of time for preparation. Karadzic is expected to be the final indictee tried by the ICTY. His trial is expected to conclude by early 2012. tag:blogger.com,1999:blog-4079894.post-4689060374867899099 2009-11-04T14:14:00.007-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/sarajevo-researchers-unveil-bosnia-war.phpnoreply@blogger.comDwyer Arce JURIST - Paper Chase [JURIST] Researchers in Sarajevo on Tuesday unveiled a Google Earth tool mapping the sites of war crimes committed during the 1992-1995 Bosnian genocide. The Bosnian war crimes atlas was compiled by the Research and Documentation Center (RDC), a Sarajevo-based research organization tasked with collecting data regarding the events of the three-year conflict. RDC director Mirsad Tokaca described the project as: an educational tool offering access to facts regarding mass killings, rape, war victims, and court judgments, as well as data on the destruction of the religious, cultural and historical heritage of Bosnia and Herzegovina ... represent a digital memorial to all victims of the last war, regardless of their ethnic, religious, political and social affiliation.The atlas pinpoints 50,000 individual geographical locations where war crimes occurred, including those of mass killings and mass graves, in addition to the names of individual victims and court documentation. The project has been criticized by prominent Bosnian Muslims for placing the estimated number of casualties at around 100,000, significantly lower than the frequently cited figure of 250,000.The launch of the atlas came on the same day that the International Criminal Tribunal for the former Yugoslavia (ICTY) denied a request by former Bosnian Serb leader Radovan Karadzic for additional time in preparing his defense against numerous charges, including genocide and murder, for his conduct during the Bosnian genocide. The ICTY resumed the trial in abstentia last week after Karadzic boycotted the proceedings, citing a lack of time for preparation. Karadzic is expected to be the final indictee tried by the ICTY. His trial is expected to conclude by early 2012. [JURIST] The US Supreme Court heard oral arguments Wednesday in two cases. In Pottawattamie County v. McGhee, the Court heard arguments on whether a prosecutor may be subjected to a civil trial and potential damages for a wrongful conviction and incarceration where the prosecutor allegedly (1) violated a criminal defendant's "substantive due process" rights by procuring false testimony during the criminal investigation, and then (2) introduced that same testimony against the criminal defendant at trial. The US Court of Appeals for the Eighth Circuit held that prosecutors were not protected from suit by absolute immunity. Counsel for the petitioners argued: If a prosecutor's absolute immunity in judicial proceedings means anything, it means that a prosecutor may not be sued because a trial has ended in a conviction, Yet that is exactly what happened in this case.The US government argued on behalf of petitioners as amicus curiae. Counsel for the respondents argued that the Court had already ruled against immunity on exactly the same issue in a previous case.In Wood v. Allen, the Court heard arguments on whether the state court erred in concluding that during the sentencing phase of a capital case the defense attorney's failure to present the defendant's impaired mental functioning did not constitute ineffective counsel and whether the circuit court erred in its application of the Antiterrorism and Effective Death Penalty Act (AEDPA) to the review of the state court decision. The US Court of Appeals for the Eleventh Circuit reversed a district court decision that had granted the defendant Holly Wood's habeas petition. Counsel for the petitioner Wood argued, "that there was no strategic decision here, that in fact it was a failure to investigate in violation of this Court." Counsel for the respondents argued that the AEDPA was applied correctly. tag:blogger.com,1999:blog-4079894.post-271119586856347591 2009-11-04T13:04:00.003-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/supreme-court-hears-arguments-in_04.phpnoreply@blogger.comJaclyn Belczyk JURIST - Paper Chase [JURIST] The US Supreme Court heard oral arguments Wednesday in two cases. In Pottawattamie County v. McGhee, the Court heard arguments on whether a prosecutor may be subjected to a civil trial and potential damages for a wrongful conviction and incarceration where the prosecutor allegedly (1) violated a criminal defendant's "substantive due process" rights by procuring false testimony during the criminal investigation, and then (2) introduced that same testimony against the criminal defendant at trial. The US Court of Appeals for the Eighth Circuit held that prosecutors were not protected from suit by absolute immunity. Counsel for the petitioners argued: If a prosecutor's absolute immunity in judicial proceedings means anything, it means that a prosecutor may not be sued because a trial has ended in a conviction, Yet that is exactly what happened in this case.The US government argued on behalf of petitioners as amicus curiae. Counsel for the respondents argued that the Court had already ruled against immunity on exactly the same issue in a previous case.In Wood v. Allen, the Court heard arguments on whether the state court erred in concluding that during the sentencing phase of a capital case the defense attorney's failure to present the defendant's impaired mental functioning did not constitute ineffective counsel and whether the circuit court erred in its application of the Antiterrorism and Effective Death Penalty Act (AEDPA) to the review of the state court decision. The US Court of Appeals for the Eleventh Circuit reversed a district court decision that had granted the defendant Holly Wood's habeas petition. Counsel for the petitioner Wood argued, "that there was no strategic decision here, that in fact it was a failure to investigate in violation of this Court." Counsel for the respondents argued that the AEDPA was applied correctly. [JURIST] Judge Oscar Magi of the Fourth Chamber of the Court of Milan on Wednesday convicted 23 former CIA agents for the 2003 kidnapping and rendition of Egyptian terror suspect Osama Moustafa Hassan Nasr. The nearly three-year trial, which was delayed many times, is the first in the world involving the CIA's extraordinary rendition flights. Former Milan CIA station chief Robert Seldon Lady was sentenced to eight years in prison, while 22 other Americans were sentenced to five years. Magi acquitted three other Americans, finding diplomatic immunity, and five Italian operatives, due to Italy's withholding of evidence because of national security issues. The convicted Americans were tried in absentia and are not in custody. A US State Department spokesperson said the US is "disappointed by the verdicts," but declined to comment further. The enforceability of the verdicts remains in question as sentences in Italy are not served until all appeals are exhausted. Nasr, also known as Abu Omar, was seized on the streets of Milan in 2003 by CIA agents with the help of Italian operatives, then allegedly transferred to Egypt and tortured by Egypt's State Security Intelligence before being released in February 2007. In September, the US Department of Justice (DOJ) filed a motion to dismiss a lawsuit brought by former State Department official Sabrina De Sousa seeking diplomatic immunity against the Italian charges. De Sousa was one of the Americans sentenced to five years. The CIA's rendition program has been the source of much controversy and litigation. Earlier this year, President Barack Obama announced the US would continue its practice of sending terror detainees to third countries for interrogation with increased oversight by the State Department to prevent torture. tag:blogger.com,1999:blog-4079894.post-8771544293301339667 2009-11-04T12:24:00.016-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/italy-judge-convicts-23-former-cia.phpnoreply@blogger.comCarrie Schimizzi JURIST - Paper Chase [JURIST] Judge Oscar Magi of the Fourth Chamber of the Court of Milan on Wednesday convicted 23 former CIA agents for the 2003 kidnapping and rendition of Egyptian terror suspect Osama Moustafa Hassan Nasr. The nearly three-year trial, which was delayed many times, is the first in the world involving the CIA's extraordinary rendition flights. Former Milan CIA station chief Robert Seldon Lady was sentenced to eight years in prison, while 22 other Americans were sentenced to five years. Magi acquitted three other Americans, finding diplomatic immunity, and five Italian operatives, due to Italy's withholding of evidence because of national security issues. The convicted Americans were tried in absentia and are not in custody. A US State Department spokesperson said the US is "disappointed by the verdicts," but declined to comment further. The enforceability of the verdicts remains in question as sentences in Italy are not served until all appeals are exhausted. Nasr, also known as Abu Omar, was seized on the streets of Milan in 2003 by CIA agents with the help of Italian operatives, then allegedly transferred to Egypt and tortured by Egypt's State Security Intelligence before being released in February 2007. In September, the US Department of Justice (DOJ) filed a motion to dismiss a lawsuit brought by former State Department official Sabrina De Sousa seeking diplomatic immunity against the Italian charges. De Sousa was one of the Americans sentenced to five years. The CIA's rendition program has been the source of much controversy and litigation. Earlier this year, President Barack Obama announced the US would continue its practice of sending terror detainees to third countries for interrogation with increased oversight by the State Department to prevent torture. [JURIST] Ohio voters on Tuesday approved a ballot measure to create the Ohio Livestock Care Standards Board, commonly referred to as Issue 2. The purpose of the board will be to maintain food safety, encourage locally grown and raised food, and protect Ohio farms and families. The measure will amend the Ohio Constitution and prevent groups from putting livestock care issues on future ballots through a citizen-initiated voter referendum. Ohio Department of Agriculture Director Robert Boggs said:Issue 2 is critical to Ohio for several reasons. It will mean ensuring the continued viability and success of our livestock and poultry farmers. It will mean that we can maintain the excellent care of livestock and poultry in our state. It will mean that we can protect Ohio family farms. It will mean that we can sustain the availability of safe, locally-grown food. This initiative is not a question of policy; it is a process for improvement.Issue 2 was controversial because animal rights groups alleged the amendment was proposed by Ohio's farming industry to prevent certain animal care reforms proposed by the Humane Society of the United States (HSUS) that some view as a threat to the agriculture industry. President and CEO of HSUS Wayne Pacelle said:By packaging Issue 2 as pro-animal welfare and pro-food safety, the architects of the ballot measure went a long way to assure its passage. We have not viewed Issue 2 as a poisonous package, but rather an empty one. The Ohio Farm Bureau and other agribusiness lobby groups cooked it up in an effort to block real reform. Now that the Issue 2 campaign is over, we can get on with such real reform – a measure to phase out the extreme confinement of animals in veal crates, gestation crates, and battery cages, where they cannot even turn around and stretch their limbs.According to HSUS, seven states — Arizona, California, Colorado, Florida, Maine, Michigan, and Oregon — have banned the use of inhumane confinement devices for farm animals, largely through voter-initiated referenda. HSUS said the approval of Issue 2 ensures "that Ohio lags behind other states and public opinion when it comes to the treatment of farm animals and movement away from the worst factory farming practices." tag:blogger.com,1999:blog-4079894.post-2340349745693923226 2009-11-04T10:47:00.003-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/ohio-voters-approve-creation-of.phpnoreply@blogger.comSarah Paulsworth JURIST - Paper Chase [JURIST] Ohio voters on Tuesday approved a ballot measure to create the Ohio Livestock Care Standards Board, commonly referred to as Issue 2. The purpose of the board will be to maintain food safety, encourage locally grown and raised food, and protect Ohio farms and families. The measure will amend the Ohio Constitution and prevent groups from putting livestock care issues on future ballots through a citizen-initiated voter referendum. Ohio Department of Agriculture Director Robert Boggs said:Issue 2 is critical to Ohio for several reasons. It will mean ensuring the continued viability and success of our livestock and poultry farmers. It will mean that we can maintain the excellent care of livestock and poultry in our state. It will mean that we can protect Ohio family farms. It will mean that we can sustain the availability of safe, locally-grown food. This initiative is not a question of policy; it is a process for improvement.Issue 2 was controversial because animal rights groups alleged the amendment was proposed by Ohio's farming industry to prevent certain animal care reforms proposed by the Humane Society of the United States (HSUS) that some view as a threat to the agriculture industry. President and CEO of HSUS Wayne Pacelle said:By packaging Issue 2 as pro-animal welfare and pro-food safety, the architects of the ballot measure went a long way to assure its passage. We have not viewed Issue 2 as a poisonous package, but rather an empty one. The Ohio Farm Bureau and other agribusiness lobby groups cooked it up in an effort to block real reform. Now that the Issue 2 campaign is over, we can get on with such real reform – a measure to phase out the extreme confinement of animals in veal crates, gestation crates, and battery cages, where they cannot even turn around and stretch their limbs.According to HSUS, seven states — Arizona, California, Colorado, Florida, Maine, Michigan, and Oregon — have banned the use of inhumane confinement devices for farm animals, largely through voter-initiated referenda. HSUS said the approval of Issue 2 ensures "that Ohio lags behind other states and public opinion when it comes to the treatment of farm animals and movement away from the worst factory farming practices." [JURIST] Voters in Maine on Tuesday approved an expansion of the state's existing medical marijuana laws by a 59 to 41 percent margin, with 87 percent of precincts reporting. The proposed legislation, Question 5 on the Maine ballot, will allow for increased access to medical marijuana through dispensaries, and will increase the number of ailments for which marijuana can be prescribed. Although there were no serious challenges mounted against the proposal, the editorial boards of many Maine newspapers opposed Question 5's passage, citing a lack of oversight of dispensaries and potential law enforcement problems. A group calling itself Maine Citizens for Medical Marijuana, was also opposed to the measure, claiming that the measure gave the government too much control. Despite the somewhat negative view held by each of those publications and the advocacy group, the Question's passage was never seriously in doubt, as the final tracking poll showed residents supported the measure by a 59 to 32 percent margin. The overwhelming support for expansion of medical marijuana may also be a positive sign for a proposal that will be circulated to Maine voters for placement on the 2010 ballot entitled An Act to Repeal the Prohibition on Cannabis, Hemp and Marijuana. Supporters of that bill will have until September 2010 to collect the required number of signatures for placement on the November ballot. With Question 5's passage, Maine becomes the fifth state to allow dispensaries, following California, Colorado, Rhode Island, and New Mexico. Last month, US Attorney General Eric Holder issued guidelines for a new policy for investigating and prosecuting state-sanctioned medical marijuana use. Those guidelines reflect a pledge made by Holder in March to stop federal raids on medical marijuana dispensaries that comply with state laws. Ending such raids was one of President Barack Obama's campaign promises, a view that differed sharply from the policy of the Bush administration. tag:blogger.com,1999:blog-4079894.post-5963970570332722605 2009-11-04T10:18:00.002-05:00 http://jurist.law.pitt.edu/paperchase/2009/11/maine-voters-approve-expansion-of.phpnoreply@blogger.comBrian Jackson JURIST - Paper Chase [JURIST] Voters in Maine on Tuesday approved an expansion of the state's existing medical marijuana laws by a 59 to 41 percent margin, with 87 percent of precincts reporting. The proposed legislation, Question 5 on the Maine ballot, will allow for increased access to medical marijuana through dispensaries, and will increase the number of ailments for which marijuana can be prescribed. Although there were no serious challenges mounted against the proposal, the editorial boards of many Maine newspapers opposed Question 5's passage, citing a lack of oversight of dispensaries and potential law enforcement problems. A group calling itself Maine Citizens for Medical Marijuana, was also opposed to the measure, claiming that the measure gave the government too much control. Despite the somewhat negative view held by each of those publications and the advocacy group, the Question's passage was never seriously in doubt, as the final tracking poll showed residents supported the measure by a 59 to 32 percent margin. The overwhelming support for expansion of medical marijuana may also be a positive sign for a proposal that will be circulated to Maine voters for placement on the 2010 ballot entitled An Act to Repeal the Prohibition on Cannabis, Hemp and Marijuana. Supporters of that bill will have until September 2010 to collect the required number of signatures for placement on the November ballot. With Question 5's passage, Maine becomes the fifth state to allow dispensaries, following California, Colorado, Rhode Island, and New Mexico. Last month, US Attorney General Eric Holder issued guidelines for a new policy for investigating and prosecuting state-sanctioned medical marijuana use. Those guidelines reflect a pledge made by Holder in March to stop federal raids on medical marijuana dispensaries that comply with state laws. Ending such raids was one of President Barack Obama's campaign promises, a view that differed sharply from the policy of the Bush administration. Blogger v7.00 (http://www.blogger.com) + Atom 1.0 XSLT Transform v1 (http://atom.geekhood.net)