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 pitt/vLdlhttp://feedburner.google.comSubscribe with My Yahoo!Subscribe with NewsGatorSubscribe with My AOLSubscribe with BloglinesSubscribe with NetvibesSubscribe with GoogleSubscribe with PageflakesThis full text feed is freely available for personal use in RSS readers. Display on other websites without permission is strictly prohibited. Webmasters may, however, display our digest feed. [JURIST] Turkish military officials on Sunday sent President Abdullah Gul a letter urging him not to approve a law that would allow prosecution of military personnel in civilian courts during peacetime. Members of the General Staff said that the law runs counter to Article 145 of the Turkish Constitution, which outlines the responsibilities of the military justice system. Gul's Justice and Development Party (AKP) supported the measure in parliament, which passed the law as part of reforms necessary for accession to the European Union (EU). Former Justice Minister Hikmet Sami Turk said that the law was unconstitutional and questioned the circumstances under which it was passed by parliament last month. AKP Deputy Bekir Bozdag said that the law is constitutional and serves to protect the political sphere from military influence, not inject politics into military affairs. Constitutional reforms are an issue for Turkey's accession to the EU since its constitution was written under military rule and limits freedom of expression and religion. In May, secular judges in Turkey warned the ruling AKP that proposed constitutional amendments were going too far in promoting an Islamist agenda. Earlier this year, a report by advocacy group Tesev argued that Turkish property rights still fell short of those required to join the EU. Last year, European Commission President Jose Manuel Barroso addressed the Turkish parliament to applaud the government's efforts to reform a controversial provision of the Turkish penal code but stressed that further efforts would be necessary. tag:blogger.com,1999:blog-4079894.post-7105809581963353497 2009-07-06T10:22:00.043-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/SP5A9TJk7SM/turkish-military-opposes-civilian-court.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] Turkish military officials on Sunday sent President Abdullah Gul a letter urging him not to approve a law that would allow prosecution of military personnel in civilian courts during peacetime. Members of the General Staff said that the law runs counter to Article 145 of the Turkish Constitution, which outlines the responsibilities of the military justice system. Gul's Justice and Development Party (AKP) supported the measure in parliament, which passed the law as part of reforms necessary for accession to the European Union (EU). Former Justice Minister Hikmet Sami Turk said that the law was unconstitutional and questioned the circumstances under which it was passed by parliament last month. AKP Deputy Bekir Bozdag said that the law is constitutional and serves to protect the political sphere from military influence, not inject politics into military affairs. Constitutional reforms are an issue for Turkey's accession to the EU since its constitution was written under military rule and limits freedom of expression and religion. In May, secular judges in Turkey warned the ruling AKP that proposed constitutional amendments were going too far in promoting an Islamist agenda. Earlier this year, a report by advocacy group Tesev argued that Turkish property rights still fell short of those required to join the EU. Last year, European Commission President Jose Manuel Barroso addressed the Turkish parliament to applaud the government's efforts to reform a controversial provision of the Turkish penal code but stressed that further efforts would be necessary. http://jurist.law.pitt.edu/paperchase/2009/07/turkish-military-opposes-civilian-court.php [JURIST] A federal bankruptcy judge on Sunday approved the sale of assets held by General Motors (GM) to a new, government-backed company. Judge Robert Gerber of the US Bankruptcy Court for the Southern District of New York granted a motion seeking the court's approval for sale of the automaker under US Bankruptcy Code § 363 to Vehicle Acquisition Holdings, a company set up by the US Department of the Treasury expressly to facilitate the sale. Under the terms of the Master Sale and Purchase Agreement filed in June, the US government would retain a majority interest in the restructured company, with the balance held by the Canadian government, the United Auto Workers (UAW), and institutional investors. The motion was opposed by unsecured GM bondholders, non-UAW unions, and potential tort litigants who argued that the plan was unnecessarily quick and failed to account for their interest in the existing GM. Likening the restructuring plan to preventing the "death of the patient on the operating table," Gerber said: As nobody can seriously dispute, the only alternative to an immediate sale is liquidation — a disastrous result for GM's creditors, its employees, the suppliers who depend on GM for their own existence, and the communities in which GM operates. In the event of a liquidation, creditors now trying to increase their incremental recoveries would get nothing.The sale is expected to be completed by Friday, ahead of a July 10 financing deadline set by the Treasury. Berger said that the deadline, which conditioned continued access to $33.3 billion in debtor in possession financing on approval of the restructuring plan, meant that there was not sufficient funding for extended Chapter 11 litigation, and would have forced the liquidation of GM's assets. GM initially filed for Chapter 11 bankruptcy protection on June 1, asking the court to approve measures that would provide for a smooth transition to the "New GM," including a request for the US and Canadian governments to back existing warranties. The other members of Detroit's "Big Three" automakers have also faced financial troubles recently. Chrysler Group filed for bankruptcy protection in April after failing to negotiate the return of $6.9 billion in debt for $2 billion in cash with secured debt holders. Earlier this month, Judge Arthur Gonzales approved the sale of most of the assets currently held by Chrysler to Italian automaker Fiat S.p.A.. Ford Motor Company is seeking to regain lost market share while its domestic rivals are involved in bankruptcy proceedings. tag:blogger.com,1999:blog-4079894.post-6591463671515139246 2009-07-06T08:43:00.034-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/-AuEwjgNyho/gm-restructuring-plan-approved-by.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] A federal bankruptcy judge on Sunday approved the sale of assets held by General Motors (GM) to a new, government-backed company. Judge Robert Gerber of the US Bankruptcy Court for the Southern District of New York granted a motion seeking the court's approval for sale of the automaker under US Bankruptcy Code § 363 to Vehicle Acquisition Holdings, a company set up by the US Department of the Treasury expressly to facilitate the sale. Under the terms of the Master Sale and Purchase Agreement filed in June, the US government would retain a majority interest in the restructured company, with the balance held by the Canadian government, the United Auto Workers (UAW), and institutional investors. The motion was opposed by unsecured GM bondholders, non-UAW unions, and potential tort litigants who argued that the plan was unnecessarily quick and failed to account for their interest in the existing GM. Likening the restructuring plan to preventing the "death of the patient on the operating table," Gerber said: As nobody can seriously dispute, the only alternative to an immediate sale is liquidation — a disastrous result for GM's creditors, its employees, the suppliers who depend on GM for their own existence, and the communities in which GM operates. In the event of a liquidation, creditors now trying to increase their incremental recoveries would get nothing.The sale is expected to be completed by Friday, ahead of a July 10 financing deadline set by the Treasury. Berger said that the deadline, which conditioned continued access to $33.3 billion in debtor in possession financing on approval of the restructuring plan, meant that there was not sufficient funding for extended Chapter 11 litigation, and would have forced the liquidation of GM's assets. GM initially filed for Chapter 11 bankruptcy protection on June 1, asking the court to approve measures that would provide for a smooth transition to the "New GM," including a request for the US and Canadian governments to back existing warranties. The other members of Detroit's "Big Three" automakers have also faced financial troubles recently. Chrysler Group filed for bankruptcy protection in April after failing to negotiate the return of $6.9 billion in debt for $2 billion in cash with secured debt holders. Earlier this month, Judge Arthur Gonzales approved the sale of most of the assets currently held by Chrysler to Italian automaker Fiat S.p.A.. Ford Motor Company is seeking to regain lost market share while its domestic rivals are involved in bankruptcy proceedings. http://jurist.law.pitt.edu/paperchase/2009/07/gm-restructuring-plan-approved-by.php [JURIST] A Kenyan government delegation headed by Minister of Justice, National Cohesion and Constitutional Affairs Mutula Kilonzo Kenya pledged in a Friday meeting with International Criminal Court (ICC) Prosecutor Luis Ocampo that by September Kenya would present a detailed plan for prosecuting those responsible for the most serious crimes committed during the December 2007 post-elections violence. The Kenyan delegation also pledged to inform the ICC of the current status of investigations and prosecutions, as well as measures taken to ensure victim and witness safety. Ocampo confirmed that, as initially announced in February, his office "is conducting its preliminary analysis on the situation in Kenya." The ICC will intervene as a court of last resort if Kenya fails to undertake what the ICC considers to be genuine investigations and prosecutions of post-election crimes that may fall within the jurisdiction of the ICC, to which Kenya is subject as a State Party to the Rome Statute. In June, Amnesty International Secretary General Irene Khan urged the Kenyan government to address impunity for human rights violations committed by police and security forces during the December 2007 unrest. Former UN secretary-general Kofi Annan, called in at the beginning of 2008 to mediate and end the violence, has threatened to give the International Criminal Court (ICC) a sealed list of key suspects for prosecution if Kenya does not undertake judicial proceedings itself. tag:blogger.com,1999:blog-4079894.post-3329032242452620943 2009-07-05T10:28:00.012-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/yuJsX-kVpxo/kenya-pledges-plan-for-prosecuting-2007.phpnoreply@blogger.comXimena Marinero JURIST - Paper Chase [JURIST] A Kenyan government delegation headed by Minister of Justice, National Cohesion and Constitutional Affairs Mutula Kilonzo Kenya pledged in a Friday meeting with International Criminal Court (ICC) Prosecutor Luis Ocampo that by September Kenya would present a detailed plan for prosecuting those responsible for the most serious crimes committed during the December 2007 post-elections violence. The Kenyan delegation also pledged to inform the ICC of the current status of investigations and prosecutions, as well as measures taken to ensure victim and witness safety. Ocampo confirmed that, as initially announced in February, his office "is conducting its preliminary analysis on the situation in Kenya." The ICC will intervene as a court of last resort if Kenya fails to undertake what the ICC considers to be genuine investigations and prosecutions of post-election crimes that may fall within the jurisdiction of the ICC, to which Kenya is subject as a State Party to the Rome Statute. In June, Amnesty International Secretary General Irene Khan urged the Kenyan government to address impunity for human rights violations committed by police and security forces during the December 2007 unrest. Former UN secretary-general Kofi Annan, called in at the beginning of 2008 to mediate and end the violence, has threatened to give the International Criminal Court (ICC) a sealed list of key suspects for prosecution if Kenya does not undertake judicial proceedings itself. http://jurist.law.pitt.edu/paperchase/2009/07/kenya-pledges-plan-for-prosecuting-2007.php [JURIST] The International Criminal Tribunal for Rwanda (ICTR) has convicted and sentenced a former defense investigator to 10 months in prison for one count of contempt of court. Three Tribunal judges found Thursday that Leonidas Nshogoza committed contempt "by repeatedly meeting with and disclosing the protected information of two witnesses, ... in knowing violation of, or with a reckless indifference to the protective measures ordered by the Kamahunda Trial Chamber on 7 July 2000." Nsohogoza was acquitted of one more count of contempt and two counts of attempt to commit contempt of the Tribunal as the Prosecution failed to prove beyond a reasonable doubt that Nshogoza made bribe payments to two witnesses. He was released by the court since he was credited jail time served while awaiting judicial procedures since February 2008, and because the court considered his condition as a father of three despite other aggravating factors in the circumstances. Nshogoza pleaded not guilty in February. He was arrested in June 2007 for allegedly bribing witnesses, fabricating evidence and "interfering in the administration of justice" during an appeal of the 2004 conviction of former Rwandan Higher Education Minister Jean de Dieu Kamuhanda. Kamuhanda is currently serving two life sentences for genocide and extermination. The ICTR was established to try genocide suspects for crimes occurring during the 1994 Rwandan conflict between Hutus and Tutsis in which approximately 800,000 people, primarily Tutsis, died. tag:blogger.com,1999:blog-4079894.post-2725361916992310250 2009-07-05T09:12:00.001-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/0qyH-tauDLI/ictr-finds-defense-investigator-guilty.phpnoreply@blogger.comXimena Marinero JURIST - Paper Chase [JURIST] The International Criminal Tribunal for Rwanda (ICTR) has convicted and sentenced a former defense investigator to 10 months in prison for one count of contempt of court. Three Tribunal judges found Thursday that Leonidas Nshogoza committed contempt "by repeatedly meeting with and disclosing the protected information of two witnesses, ... in knowing violation of, or with a reckless indifference to the protective measures ordered by the Kamahunda Trial Chamber on 7 July 2000." Nsohogoza was acquitted of one more count of contempt and two counts of attempt to commit contempt of the Tribunal as the Prosecution failed to prove beyond a reasonable doubt that Nshogoza made bribe payments to two witnesses. He was released by the court since he was credited jail time served while awaiting judicial procedures since February 2008, and because the court considered his condition as a father of three despite other aggravating factors in the circumstances. Nshogoza pleaded not guilty in February. He was arrested in June 2007 for allegedly bribing witnesses, fabricating evidence and "interfering in the administration of justice" during an appeal of the 2004 conviction of former Rwandan Higher Education Minister Jean de Dieu Kamuhanda. Kamuhanda is currently serving two life sentences for genocide and extermination. The ICTR was established to try genocide suspects for crimes occurring during the 1994 Rwandan conflict between Hutus and Tutsis in which approximately 800,000 people, primarily Tutsis, died. http://jurist.law.pitt.edu/paperchase/2009/07/ictr-finds-defense-investigator-guilty.php [JURIST] Hossein Rassam, a chief political analyst working for the British Embassy in Iran, has been charged with "acting against the national security," his lawyer said Saturday. Rassam was one of nine Iranian employees of the British Embassy arrested last month for his role in the riots following the Iranian election. Ayatollah Ahmad Jannati, head of Iran's Guardian Council, announced Friday that some members of the embassy staff would be charged. Eight of the nine prisoners have been released, however, and only Rassam faces charges. Jannati cited as evidence a March report by a website affiliated with the UK Foreign Office warning travelers of potential violence in Iran following June's elections. Rassam lawyer Abdolsamad Khorramshahi said he has not yet been allowed to see his client, but hopes to arrange a meeting with him soon. The post-election protests reportedly resulted in at least 17 deaths and hundreds of arrests. Iranian authorities have said that those arrested would be dealt with by the courts. Human rights groups have characterized the arrests as political repression, saying that Iranian authorities are using the protests to "engage in what appears to be a major purge of reform-oriented individuals." tag:blogger.com,1999:blog-4079894.post-1023303603373072114 2009-07-04T14:04:00.009-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/pckNsNWr8QQ/uk-embassy-employee-in-tehran-charged.phpnoreply@blogger.comMatt Glenn JURIST - Paper Chase [JURIST] Hossein Rassam, a chief political analyst working for the British Embassy in Iran, has been charged with "acting against the national security," his lawyer said Saturday. Rassam was one of nine Iranian employees of the British Embassy arrested last month for his role in the riots following the Iranian election. Ayatollah Ahmad Jannati, head of Iran's Guardian Council, announced Friday that some members of the embassy staff would be charged. Eight of the nine prisoners have been released, however, and only Rassam faces charges. Jannati cited as evidence a March report by a website affiliated with the UK Foreign Office warning travelers of potential violence in Iran following June's elections. Rassam lawyer Abdolsamad Khorramshahi said he has not yet been allowed to see his client, but hopes to arrange a meeting with him soon. The post-election protests reportedly resulted in at least 17 deaths and hundreds of arrests. Iranian authorities have said that those arrested would be dealt with by the courts. Human rights groups have characterized the arrests as political repression, saying that Iranian authorities are using the protests to "engage in what appears to be a major purge of reform-oriented individuals." http://jurist.law.pitt.edu/paperchase/2009/07/uk-embassy-employee-in-tehran-charged.php [JURIST] The African Union (AU) will not cooperate with International Criminal Court (ICC) efforts to extradite Sudan President Omar al-Bashir, the AU announced Friday during an AU summit in Libya. AU members said that by issuing a warrant for al-Bashir's arrest, the ICC jeopardized the peace process in Sudan. As signatories to the Rome Treaty, 30 of the 53 AU countries are bound by the ICC's warrant to arrest al-Bashir if he enters their country. Sudan says that Friday's resolution allows Bashir to travel anywhere in Africa. Prosecutors at the ICC announced Monday that they would pursue genocide charges against Bashir, appealing March's decision by the ICC to charge al-Bashir with war crimes and crimes against humanity but not genocide. The prosecution sought leave of the court in March to appeal the ICC's decision not to indict al-Bashir on three counts of genocide. Some African leaders criticized the warrant at the time, fearing it could stall the peace process. The controversial arrest warrant had been sought by ICC Prosecutor Luis Moreno-Ocampo, who in July filed preliminary charges against al-Bashir alleging genocide, crimes against humanity, and war crimes committed in the Darfur region in violation of Articles 6, 7, and 8 of the Rome Statute. tag:blogger.com,1999:blog-4079894.post-5242374212897945643 2009-07-04T13:00:00.010-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/9_V6G5xTCus/au-leaders-agree-not-to-cooperate-with.phpnoreply@blogger.comMatt Glenn JURIST - Paper Chase [JURIST] The African Union (AU) will not cooperate with International Criminal Court (ICC) efforts to extradite Sudan President Omar al-Bashir, the AU announced Friday during an AU summit in Libya. AU members said that by issuing a warrant for al-Bashir's arrest, the ICC jeopardized the peace process in Sudan. As signatories to the Rome Treaty, 30 of the 53 AU countries are bound by the ICC's warrant to arrest al-Bashir if he enters their country. Sudan says that Friday's resolution allows Bashir to travel anywhere in Africa. Prosecutors at the ICC announced Monday that they would pursue genocide charges against Bashir, appealing March's decision by the ICC to charge al-Bashir with war crimes and crimes against humanity but not genocide. The prosecution sought leave of the court in March to appeal the ICC's decision not to indict al-Bashir on three counts of genocide. Some African leaders criticized the warrant at the time, fearing it could stall the peace process. The controversial arrest warrant had been sought by ICC Prosecutor Luis Moreno-Ocampo, who in July filed preliminary charges against al-Bashir alleging genocide, crimes against humanity, and war crimes committed in the Darfur region in violation of Articles 6, 7, and 8 of the Rome Statute. http://jurist.law.pitt.edu/paperchase/2009/07/au-leaders-agree-not-to-cooperate-with.php [JURIST] The Honduras Supreme Court has refused a Friday petition by Organization of American States (OAS) Secretary General Jose Miguel Insulza calling for the reinstatement of Manuel Zelaya as the country's head of state. Insulza met with Supreme Court President Jorge Alberto Rivera and three justices from the Constitutional Chamber of the court rather than with the appointed interim president Roberto Micheletti because the OAS does not officially recognized Micheletti's government. Rivera says there is an irreversible arrest warrant out for Zelaya should he return to the country. Also on Friday, Vice Minister of Honduran Foreign Affairs Martha Lorena Alvarado announced on radio that Honduras is rescinding its OAS membership because the organization is trying "to impose unilateral unfair resolutions without allowing the legitimately elected constitutional government the chance to be heard, ... disrespectful of the principle of sovereignty." The OAS continues to support Zelaya and has called the withdrawal meaningless as it was effectuated by a government lacking official recognition. The Honduran bar association has expressed support for Micheletti, reasoning that recent events are a "constitutional substitution" grounded in the law, and have called on the international community to give Hondurans the opportunity to present their position. Zelaya has announced that he will return to Honduras on Sunday accompanied by Chilean president Cristina Fernandez, Ecuadorean president Raul Correas and other Latin American leaders. On Wednesday, the OAS gave Honduras 72 hours to reinstate Zelaya or be suspended from the organization, which would result in a freeze in technical assistance and Interamerican Development Bank credits. Zelaya was detained and escorted from the presidential home by members of the Honduran military and transported to the airport in the early hours of Sunday morning, the scheduled day for a nationwide referendum on constitutional reform. Military leaders acted following a judicial order to remove Zelaya for breaking the law in carrying out the referendum despite a Supreme Court ruling against it. tag:blogger.com,1999:blog-4079894.post-4251323695161388859 2009-07-04T12:22:00.008-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/afNmgcgjsJ0/honduras-high-court-rejects-oas-call-to.phpnoreply@blogger.comXimena Marinero JURIST - Paper Chase [JURIST] The Honduras Supreme Court has refused a Friday petition by Organization of American States (OAS) Secretary General Jose Miguel Insulza calling for the reinstatement of Manuel Zelaya as the country's head of state. Insulza met with Supreme Court President Jorge Alberto Rivera and three justices from the Constitutional Chamber of the court rather than with the appointed interim president Roberto Micheletti because the OAS does not officially recognized Micheletti's government. Rivera says there is an irreversible arrest warrant out for Zelaya should he return to the country. Also on Friday, Vice Minister of Honduran Foreign Affairs Martha Lorena Alvarado announced on radio that Honduras is rescinding its OAS membership because the organization is trying "to impose unilateral unfair resolutions without allowing the legitimately elected constitutional government the chance to be heard, ... disrespectful of the principle of sovereignty." The OAS continues to support Zelaya and has called the withdrawal meaningless as it was effectuated by a government lacking official recognition. The Honduran bar association has expressed support for Micheletti, reasoning that recent events are a "constitutional substitution" grounded in the law, and have called on the international community to give Hondurans the opportunity to present their position. Zelaya has announced that he will return to Honduras on Sunday accompanied by Chilean president Cristina Fernandez, Ecuadorean president Raul Correas and other Latin American leaders. On Wednesday, the OAS gave Honduras 72 hours to reinstate Zelaya or be suspended from the organization, which would result in a freeze in technical assistance and Interamerican Development Bank credits. Zelaya was detained and escorted from the presidential home by members of the Honduran military and transported to the airport in the early hours of Sunday morning, the scheduled day for a nationwide referendum on constitutional reform. Military leaders acted following a judicial order to remove Zelaya for breaking the law in carrying out the referendum despite a Supreme Court ruling against it. http://jurist.law.pitt.edu/paperchase/2009/07/honduras-high-court-rejects-oas-call-to.php [JURIST] A prominent conservative newspaper in Iran urged in an editorial Saturday that opposition leader Mir Hossein Mousavi and former reformist president Mohammad Khatami be tried for crimes against the nation. The piece was written by Kayhnan newspaper's chief editor Hossein Shariatmadari, and places responsibility for the protests following recent elections on the two men while alleging the existence of documents showing Mousavi and his supporters acted under American orders. The newspaper is supervised by the Office of the Supreme Leader Ayatollah Ali Khamenei and Shariatmadari was appointed by Khamenei himself. Khamenei has publicly expressed his support for President Mahmoud Ahmadinejad after the June elections. The Iranian government on Wednesday barred publication of the opposition Etemad-e-Melli newspaper, linked to opposition candidate Mehdi Karroubi, in an attempt to quash anti-government reporting in the country. International journalists in the country have also been ordered to stay indoors.The ongoing post-election protests have reprotedly resulted in at least 17 deaths and hundreds of arrests. Iranian authorities have said that those arrested will be tried by the courts. Human rights groups have characterized the arrests as political repression, saying that Iranian authorities are using the protests to "engage in what appears to be a major purge of reform-oriented individuals." tag:blogger.com,1999:blog-4079894.post-8231526183286321142 2009-07-04T10:09:00.007-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/kaxm1bgUZ1U/iran-conservative-paper-urges-mousavi.phpnoreply@blogger.comXimena Marinero JURIST - Paper Chase [JURIST] A prominent conservative newspaper in Iran urged in an editorial Saturday that opposition leader Mir Hossein Mousavi and former reformist president Mohammad Khatami be tried for crimes against the nation. The piece was written by Kayhnan newspaper's chief editor Hossein Shariatmadari, and places responsibility for the protests following recent elections on the two men while alleging the existence of documents showing Mousavi and his supporters acted under American orders. The newspaper is supervised by the Office of the Supreme Leader Ayatollah Ali Khamenei and Shariatmadari was appointed by Khamenei himself. Khamenei has publicly expressed his support for President Mahmoud Ahmadinejad after the June elections. The Iranian government on Wednesday barred publication of the opposition Etemad-e-Melli newspaper, linked to opposition candidate Mehdi Karroubi, in an attempt to quash anti-government reporting in the country. International journalists in the country have also been ordered to stay indoors.The ongoing post-election protests have reprotedly resulted in at least 17 deaths and hundreds of arrests. Iranian authorities have said that those arrested will be tried by the courts. Human rights groups have characterized the arrests as political repression, saying that Iranian authorities are using the protests to "engage in what appears to be a major purge of reform-oriented individuals." http://jurist.law.pitt.edu/paperchase/2009/07/iran-conservative-paper-urges-mousavi.php [JURIST] Iranian employees at the British Embassy in Iran will face trial over accusations they contributed to the political protests that followed Iran's recent disputed presidential election according to statements made Friday by Ayatollah Ahmad Jannati, the head of Iran's Guardian Council for the Constitution. While Jannati did not state the official charges the staff may face, he did say that confessions had been made. Nine embassy employees were arrested last month following protests over the June 12 re-election of President Mahmoud Ahmadinejad, but seven have been released. Jannati's comments drew the ire of much of the European community, and European Union (EU) nations are currently considering a British proposal to withdraw all diplomats from Iran. Later Friday, British Foreign Secretary David Miliband said in a statement that the British government was seeking clarification of the issue, and rejected claims that its embassy staff played a role in the protests. The post-election protests reportedly resulted in at least 17 deaths and hundreds of arrests. Iranian authorities have said that those arrested would be dealt with by the courts. Human rights groups have characterized the arrests as political repression, saying that Iranian authorities are using the protests to "engage in what appears to be a major purge of reform-oriented individuals." tag:blogger.com,1999:blog-4079894.post-6069856438108924187 2009-07-03T11:56:00.005-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/ii360JL2fsg/british-embassy-staff-facing-iran-trial.phpnoreply@blogger.comSteve Czajkowski JURIST - Paper Chase [JURIST] Iranian employees at the British Embassy in Iran will face trial over accusations they contributed to the political protests that followed Iran's recent disputed presidential election according to statements made Friday by Ayatollah Ahmad Jannati, the head of Iran's Guardian Council for the Constitution. While Jannati did not state the official charges the staff may face, he did say that confessions had been made. Nine embassy employees were arrested last month following protests over the June 12 re-election of President Mahmoud Ahmadinejad, but seven have been released. Jannati's comments drew the ire of much of the European community, and European Union (EU) nations are currently considering a British proposal to withdraw all diplomats from Iran. Later Friday, British Foreign Secretary David Miliband said in a statement that the British government was seeking clarification of the issue, and rejected claims that its embassy staff played a role in the protests. The post-election protests reportedly resulted in at least 17 deaths and hundreds of arrests. Iranian authorities have said that those arrested would be dealt with by the courts. Human rights groups have characterized the arrests as political repression, saying that Iranian authorities are using the protests to "engage in what appears to be a major purge of reform-oriented individuals." http://jurist.law.pitt.edu/paperchase/2009/07/british-embassy-staff-facing-iran-trial.php [JURIST] Liberia's Truth and Reconciliation Commission (TRC) urged Thursday that several one-time military and political leaders be prosecuted in a special Liberian court for war crimes. Those named include ex-president Charles Taylor, now on trial at The Hague, and Prince Y. Johnson, a senator elected in 2005. The commission made the recommendation in a new report detailing atrocities committed during the country's two recent civil wars. The commission called for the Liberian government to set up an "Extraordinary Criminal Tribunal for Liberia" and prosecute all those persons listed as war criminals by the TRC. Prince Johnson has said that an amnesty law passed in 2005 forbids the government from prosecuting him for crimes committed during the civil wars. The TRC also said that those recommended for prosecution be barred from holding elected office for 30 years. Initially, the report had included the name of current Liberian President Ellen Johnson Sirleaf before quickly backtracking and removing her name from the report. The TRC held its first public hearings in January and indicated then that it would be recommending the creation of a war crimes court. Taylor, the commission's top target, is currently being prosecuted by the Special Court for Sierra Leone (SCL) but he may be released due to a lack of funds to continue the proceedings. tag:blogger.com,1999:blog-4079894.post-54969689344480561 2009-07-03T09:56:00.010-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/n_JoBbL7grQ/liberia-truth-commission-urges-war.phpnoreply@blogger.comBhargav Katikaneni JURIST - Paper Chase [JURIST] Liberia's Truth and Reconciliation Commission (TRC) urged Thursday that several one-time military and political leaders be prosecuted in a special Liberian court for war crimes. Those named include ex-president Charles Taylor, now on trial at The Hague, and Prince Y. Johnson, a senator elected in 2005. The commission made the recommendation in a new report detailing atrocities committed during the country's two recent civil wars. The commission called for the Liberian government to set up an "Extraordinary Criminal Tribunal for Liberia" and prosecute all those persons listed as war criminals by the TRC. Prince Johnson has said that an amnesty law passed in 2005 forbids the government from prosecuting him for crimes committed during the civil wars. The TRC also said that those recommended for prosecution be barred from holding elected office for 30 years. Initially, the report had included the name of current Liberian President Ellen Johnson Sirleaf before quickly backtracking and removing her name from the report. The TRC held its first public hearings in January and indicated then that it would be recommending the creation of a war crimes court. Taylor, the commission's top target, is currently being prosecuted by the Special Court for Sierra Leone (SCL) but he may be released due to a lack of funds to continue the proceedings. http://jurist.law.pitt.edu/paperchase/2009/07/liberia-truth-commission-urges-war.php [JURIST] The Florida Supreme Court ruled on Thursday that Republican Governor Charlie Christ could not delay a decision on filling a vacancy in Florida's Fifth District Court of Appeal in order to consider more diverse candidates. In November, Crist was provided a list candidates by the Judicial Nominating Commission of Fifth District Court of Appeal (JNC) in order to fill the vacancy resulting from the retirement of Judge Robert J. Pleus, due to age. Crist rejected the initial list, and requested the JNC reconvene to review other applicants, in particular three African-Americans. When the JNC resubmitted the same list of candidates, Crist did not make an appointment. The Supreme Court held that Crist's actions were unconstitutional. In its decision, the court concluded that the Florida Constitution requires Crist to make a decision from the candidates approved by the JNC, and the decision must be within the constitutionally specified 60 day period:The plain language of article V, section 11(c), mandates that the Governor, upon receipt of the certified list of nominees from a judicial nominating commission, make an appointment from that list within sixty days to fill the judicial vacancy... we note the absence of any language granting the Governor authority to reject the JNC's certified list of nominees or to extend the time in which the appointment for judicial office must be made.rticle V, section 11(c), imposes a clear and indisputable legal duty upon the Governor in his exercise of appointing judicial nominees to act within sixty days of receiving the certified list of nominees... In so holding, we reject the proposition that the Governor's failure to act within the mandated time frame obviates that duty. To hold otherwise would render the constitutional provision nugatory.The suit was brought by Pleus, seeking a writ of mandamus in order to force the Governor to make a choice from the original list. The initial list provided by the JNC was made up of six candidates out of a pool of twenty-six. All of the candidates approved by the JNC were white, four of whom are male, two are female. tag:blogger.com,1999:blog-4079894.post-6053972614057838342 2009-07-03T09:45:00.010-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/u-ZM63GZaTA/florida-supreme-court-say-governor.phpnoreply@blogger.comSteve Czajkowski JURIST - Paper Chase [JURIST] The Florida Supreme Court ruled on Thursday that Republican Governor Charlie Christ could not delay a decision on filling a vacancy in Florida's Fifth District Court of Appeal in order to consider more diverse candidates. In November, Crist was provided a list candidates by the Judicial Nominating Commission of Fifth District Court of Appeal (JNC) in order to fill the vacancy resulting from the retirement of Judge Robert J. Pleus, due to age. Crist rejected the initial list, and requested the JNC reconvene to review other applicants, in particular three African-Americans. When the JNC resubmitted the same list of candidates, Crist did not make an appointment. The Supreme Court held that Crist's actions were unconstitutional. In its decision, the court concluded that the Florida Constitution requires Crist to make a decision from the candidates approved by the JNC, and the decision must be within the constitutionally specified 60 day period:The plain language of article V, section 11(c), mandates that the Governor, upon receipt of the certified list of nominees from a judicial nominating commission, make an appointment from that list within sixty days to fill the judicial vacancy... we note the absence of any language granting the Governor authority to reject the JNC's certified list of nominees or to extend the time in which the appointment for judicial office must be made.rticle V, section 11(c), imposes a clear and indisputable legal duty upon the Governor in his exercise of appointing judicial nominees to act within sixty days of receiving the certified list of nominees... In so holding, we reject the proposition that the Governor's failure to act within the mandated time frame obviates that duty. To hold otherwise would render the constitutional provision nugatory.The suit was brought by Pleus, seeking a writ of mandamus in order to force the Governor to make a choice from the original list. The initial list provided by the JNC was made up of six candidates out of a pool of twenty-six. All of the candidates approved by the JNC were white, four of whom are male, two are female. http://jurist.law.pitt.edu/paperchase/2009/07/florida-supreme-court-say-governor.php [JURIST] Both Hamas and Israeli forces committed war crimes during fighting in Gaza in December 2008 and January 2009, according to Amnesty International (AI). A report issued by Amnesty Thursday alleges that Israeli attacks killed 1,400 Palestinians, including 300 children. The report says Israel is bound by the international human rights treaties it has ratified, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR). Human rights obligations allegedly breached during the conflict include respect for the right to life (ICCPR, Article 6), the right to adequate food and housing (ICESCR, Article 11), and the right to education (ICESCR, Article 13). An AI researcher said that Hamas and other armed Palestinian groups committed war crimes when they fired rockets into southern Israel, killing three. Israel Defense Forces said AI's report seemed “unbalanced”. Hamas has criticized AI's report as "unfair." In December, UN High Commissioner for Human Rights Navi Pillay condemned what she called Israel's “disproportionate use of force” against Hamas targets in Gaza. Pillay's call followed two days of Israeli airstrikes that killed 270 people and wounded more than 600, including many civilians, according to a UN report. In April, Israel announced it would not comply with a UN Human Rights Council investigation into fighting in the Gaza Strip. AI then accused Israel of war crimes, citing the use of white phosphorous in civilian areas. tag:blogger.com,1999:blog-4079894.post-2187118805340016274 2009-07-03T07:22:00.003-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/Y2Q8aJ93wS4/israel-hamas-committed-gaza-war-crimes.phpnoreply@blogger.comBenjamin Hackman JURIST - Paper Chase [JURIST] Both Hamas and Israeli forces committed war crimes during fighting in Gaza in December 2008 and January 2009, according to Amnesty International (AI). A report issued by Amnesty Thursday alleges that Israeli attacks killed 1,400 Palestinians, including 300 children. The report says Israel is bound by the international human rights treaties it has ratified, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR). Human rights obligations allegedly breached during the conflict include respect for the right to life (ICCPR, Article 6), the right to adequate food and housing (ICESCR, Article 11), and the right to education (ICESCR, Article 13). An AI researcher said that Hamas and other armed Palestinian groups committed war crimes when they fired rockets into southern Israel, killing three. Israel Defense Forces said AI's report seemed “unbalanced”. Hamas has criticized AI's report as "unfair." In December, UN High Commissioner for Human Rights Navi Pillay condemned what she called Israel's “disproportionate use of force” against Hamas targets in Gaza. Pillay's call followed two days of Israeli airstrikes that killed 270 people and wounded more than 600, including many civilians, according to a UN report. In April, Israel announced it would not comply with a UN Human Rights Council investigation into fighting in the Gaza Strip. AI then accused Israel of war crimes, citing the use of white phosphorous in civilian areas. http://jurist.law.pitt.edu/paperchase/2009/07/israel-hamas-committed-gaza-war-crimes.php [JURIST] Italy's Senate voted 157-124 Thursday to pass a controversial law making illegal immigration a crime, punishable by a fine of between 5,000 and 10,000 euros. The law also increases from two months to six the amount of time law enforcement officials may detain suspected illegal immigrants before deporting them. Prime Minister Silvio Berlusconi has supported the bill as important for promoting public safety. The Catholic church opposes the law, which the church believes punishes the basic human right of migration. Human Rights Watch has also opposed the measure. Italy's Chamber of Deputies approved the bill in May. Illegal immigration is a growing problem in Italy, where about 36,000 illegal immigrants arrived by boat last year. In November, UN human rights experts expressed concern over Italy's treatment of detained migrants and asylum seekers. While the UN Working Group on Arbitrary Detention said it was concerned about the facilities in which Italy holds irregular migrants and asylum seekers, UN experts also said Italy's criminal justice system boasts strong due process guarantees against arbitrary detentions. tag:blogger.com,1999:blog-4079894.post-8994498469650242784 2009-07-03T02:12:00.013-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/6hL-NCgdSHk/italy-senate-passes-anti-illegal.phpnoreply@blogger.comBenjamin Hackman JURIST - Paper Chase [JURIST] Italy's Senate voted 157-124 Thursday to pass a controversial law making illegal immigration a crime, punishable by a fine of between 5,000 and 10,000 euros. The law also increases from two months to six the amount of time law enforcement officials may detain suspected illegal immigrants before deporting them. Prime Minister Silvio Berlusconi has supported the bill as important for promoting public safety. The Catholic church opposes the law, which the church believes punishes the basic human right of migration. Human Rights Watch has also opposed the measure. Italy's Chamber of Deputies approved the bill in May. Illegal immigration is a growing problem in Italy, where about 36,000 illegal immigrants arrived by boat last year. In November, UN human rights experts expressed concern over Italy's treatment of detained migrants and asylum seekers. While the UN Working Group on Arbitrary Detention said it was concerned about the facilities in which Italy holds irregular migrants and asylum seekers, UN experts also said Italy's criminal justice system boasts strong due process guarantees against arbitrary detentions. http://jurist.law.pitt.edu/paperchase/2009/07/italy-senate-passes-anti-illegal.php [JURIST] The Delhi High Court on Thursday decriminalized homosexual conduct by declaring India's anti-sodomy law unconstitutional. In a petition originally filed and rejected by the court in 2004, the Naz Foundation challenged the applicability of Section 377 of the Indian Penal Code, a colonial-era law that punishes "carnal intercourse against the order of nature" with 10 years in prison and a fine. They had argued that using Section 377 to criminalize consensual adult sexual conduct ran counter to Article 21 of the Indian Constitution, which provides that "o person shall be deprived of his life or personal liberty except according to procedure established by law," as well as the equality under the law provided by Articles 14 and 15. Writing for the court, Justice S. Muralidhar agreed: In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the LGBTs are. It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual.Muralidhar stressed that the ruling nullifies the application of Section 377 to consensual adult sex only, and does not apply to other sexually-based offenses, such as rape and sex with a minor. The court's decision is only binding within the Union Territory of Delhi, including the capital.The criminalization of homosexuality has been a divisive issue around the world. In April, an appeals court in Senegal ordered the release of nine members of AIDS awareness group AIDES Senegal who had been convicted of sodomy and sentenced to eight years in prison. In November, the parliament of Burundi voted to criminalize homosexuality, a move condemned by human rights groups. In December, the UN General Assembly was divided over the issue as 66 nations signed a statement calling for decriminalization, and nearly 60 nations signed an opposing statement. tag:blogger.com,1999:blog-4079894.post-6430845138759557202 2009-07-02T14:58:00.073-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/xuj-CZ1PkkQ/india-court-declares-anti-sodomy-law.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] The Delhi High Court on Thursday decriminalized homosexual conduct by declaring India's anti-sodomy law unconstitutional. In a petition originally filed and rejected by the court in 2004, the Naz Foundation challenged the applicability of Section 377 of the Indian Penal Code, a colonial-era law that punishes "carnal intercourse against the order of nature" with 10 years in prison and a fine. They had argued that using Section 377 to criminalize consensual adult sexual conduct ran counter to Article 21 of the Indian Constitution, which provides that "o person shall be deprived of his life or personal liberty except according to procedure established by law," as well as the equality under the law provided by Articles 14 and 15. Writing for the court, Justice S. Muralidhar agreed: In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the LGBTs are. It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual.Muralidhar stressed that the ruling nullifies the application of Section 377 to consensual adult sex only, and does not apply to other sexually-based offenses, such as rape and sex with a minor. The court's decision is only binding within the Union Territory of Delhi, including the capital.The criminalization of homosexuality has been a divisive issue around the world. In April, an appeals court in Senegal ordered the release of nine members of AIDS awareness group AIDES Senegal who had been convicted of sodomy and sentenced to eight years in prison. In November, the parliament of Burundi voted to criminalize homosexuality, a move condemned by human rights groups. In December, the UN General Assembly was divided over the issue as 66 nations signed a statement calling for decriminalization, and nearly 60 nations signed an opposing statement. http://jurist.law.pitt.edu/paperchase/2009/07/india-court-declares-anti-sodomy-law.php [JURIST] A federal judge on Thursday set a trial date for terrorism suspect and former Guantanamo Bay detainee Ahmed Ghailani of September 13, 2010. Ghailani, the first Guantanamo detainee to be transferred to the US for a civilian trial, faces charges for his alleged involvement in the 1998 bombings of US embassies in Tanzania and Kenya. The trial date was set by Judge Lewis Kaplan of the United States District Court for the Southern District of New York. No date was set for the next hearing, as defense lawyers asked for more time to prepare. Prosecutors have not yet decided whether they will seek the death penalty. Earlier this week, Ghailani's lawyers requested access to secret prisons operated by the Central Intelligence Agency, known as "black sites," at which their client was held prior to his transfer to Guantanamo Bay. Having been held at the Guantanamo facility since 2006 following his 2004 arrest in Pakistan, Ghailani was transferred to the US last month to face 286 separate counts including involvement in the bombings and conspiring with members of al Qaeda to kill Americans worldwide. He pleaded not guilty at his initial appearance. In a rare move last month, Kaplan tentatively granted Ghailani's request that his military lawyers be allowed to represent him in civilian court, pending military approval. The announcement that Ghailani would be tried in federal court came last month following the ordered review of all Guantanamo detainees pursuant to plans to close the detention facility. tag:blogger.com,1999:blog-4079894.post-3848562647630432798 2009-07-02T14:49:00.002-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/2z0TDKxDqbA/ex-guantanamo-detainee-civilian-trial.phpnoreply@blogger.comJaclyn Belczyk JURIST - Paper Chase [JURIST] A federal judge on Thursday set a trial date for terrorism suspect and former Guantanamo Bay detainee Ahmed Ghailani of September 13, 2010. Ghailani, the first Guantanamo detainee to be transferred to the US for a civilian trial, faces charges for his alleged involvement in the 1998 bombings of US embassies in Tanzania and Kenya. The trial date was set by Judge Lewis Kaplan of the United States District Court for the Southern District of New York. No date was set for the next hearing, as defense lawyers asked for more time to prepare. Prosecutors have not yet decided whether they will seek the death penalty. Earlier this week, Ghailani's lawyers requested access to secret prisons operated by the Central Intelligence Agency, known as "black sites," at which their client was held prior to his transfer to Guantanamo Bay. Having been held at the Guantanamo facility since 2006 following his 2004 arrest in Pakistan, Ghailani was transferred to the US last month to face 286 separate counts including involvement in the bombings and conspiring with members of al Qaeda to kill Americans worldwide. He pleaded not guilty at his initial appearance. In a rare move last month, Kaplan tentatively granted Ghailani's request that his military lawyers be allowed to represent him in civilian court, pending military approval. The announcement that Ghailani would be tried in federal court came last month following the ordered review of all Guantanamo detainees pursuant to plans to close the detention facility. http://jurist.law.pitt.edu/paperchase/2009/07/ex-guantanamo-detainee-civilian-trial.php [JURIST] A British appellate court on Thursday recognized a pre-nuptial agreement for the first time in the UK, where they have been generally disregarded by courts hearing divorce proceedings. The UK Court of Appeal of England and Wales overturned a lower court ruling that awarded £5.8 million to the ex-husband of German heiress Katrin Radmacher despite a pre-nuptial agreement intended to shield her assets. Noting that the UK's treatment of pre-nuptial contracts sets it apart from both other European Union countries and the "wider common law world," Lord Justice Thorpe said: In so far as the rule that such contracts are void survives, it seems to me to be increasingly unrealistic. It reflects the laws and morals of earlier generations. It does not sufficiently recognise the rights of autonomous adults to govern their future financial relationship by agreement in an age when marriage is not generally regarded as a sacrament and divorce is a statistical commonplace. Thorpe directed judges in the future to "give due weight to the marital property regime into which the parties freely entered." The judgment awards Nicolas Granatino £1 million in compensation, £700,000 for payment of his debts, and a £2.5 million in trust for a familial residence until their youngest daughter turns 22. He is expected to appeal the ruling to the House of Lords.UK divorce courts have traditionally not taken pre-nuptial agreements into account when dividing marital assets. Instead, the courts have assessed the financial needs of the couple and any dependents in an effort to protect the financially weaker partner. Thorpe's ruling suggests that recognition of pre-nuptial contracts is in line with the British approach to contracts generally. tag:blogger.com,1999:blog-4079894.post-1403988095621314015 2009-07-02T13:31:00.051-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/9JlZDsLeOhQ/uk-court-recognizes-pre-nuptial.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] A British appellate court on Thursday recognized a pre-nuptial agreement for the first time in the UK, where they have been generally disregarded by courts hearing divorce proceedings. The UK Court of Appeal of England and Wales overturned a lower court ruling that awarded £5.8 million to the ex-husband of German heiress Katrin Radmacher despite a pre-nuptial agreement intended to shield her assets. Noting that the UK's treatment of pre-nuptial contracts sets it apart from both other European Union countries and the "wider common law world," Lord Justice Thorpe said: In so far as the rule that such contracts are void survives, it seems to me to be increasingly unrealistic. It reflects the laws and morals of earlier generations. It does not sufficiently recognise the rights of autonomous adults to govern their future financial relationship by agreement in an age when marriage is not generally regarded as a sacrament and divorce is a statistical commonplace. Thorpe directed judges in the future to "give due weight to the marital property regime into which the parties freely entered." The judgment awards Nicolas Granatino £1 million in compensation, £700,000 for payment of his debts, and a £2.5 million in trust for a familial residence until their youngest daughter turns 22. He is expected to appeal the ruling to the House of Lords.UK divorce courts have traditionally not taken pre-nuptial agreements into account when dividing marital assets. Instead, the courts have assessed the financial needs of the couple and any dependents in an effort to protect the financially weaker partner. Thorpe's ruling suggests that recognition of pre-nuptial contracts is in line with the British approach to contracts generally. http://jurist.law.pitt.edu/paperchase/2009/07/uk-court-recognizes-pre-nuptial.php [JURIST] The political parties that make up Germany's coalition government agreed Wednesday on a proposal to set aside all Nazi-era treason verdicts. The Socialist Democrats (SPD) and the Christian Democratic Union (CDU) of Chancellor Angela Merkel agreed to draft a law bypassing the current system, in which treason convictions must be considered on an individual basis, and exonerate all persons convicted of the broadly classified Nazi offense. SPD parliamentary leader Volker Kauder said that the measure is likely to succeed in parliament before September elections. CDU members had originally opposed the proposal, on the grounds that the alleged acts of treason may have been committed third parties, rather than the Nazi government. Germany has taken other legislative measures to combat Nazi-era offenses. In November, German lawmakers passed a law intended to counter anti-Semitism just before the 70th anniversary of Kristalnacht, when Nazi troops destroyed thousands of Jewish businesses and synagogues. tag:blogger.com,1999:blog-4079894.post-72019856730387692 2009-07-02T11:55:00.034-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/-kon-CLU8r8/germany-leaders-agree-to-set-aside-nazi.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] The political parties that make up Germany's coalition government agreed Wednesday on a proposal to set aside all Nazi-era treason verdicts. The Socialist Democrats (SPD) and the Christian Democratic Union (CDU) of Chancellor Angela Merkel agreed to draft a law bypassing the current system, in which treason convictions must be considered on an individual basis, and exonerate all persons convicted of the broadly classified Nazi offense. SPD parliamentary leader Volker Kauder said that the measure is likely to succeed in parliament before September elections. CDU members had originally opposed the proposal, on the grounds that the alleged acts of treason may have been committed third parties, rather than the Nazi government. Germany has taken other legislative measures to combat Nazi-era offenses. In November, German lawmakers passed a law intended to counter anti-Semitism just before the 70th anniversary of Kristalnacht, when Nazi troops destroyed thousands of Jewish businesses and synagogues. http://jurist.law.pitt.edu/paperchase/2009/07/germany-leaders-agree-to-set-aside-nazi.php [JURIST] The US Immigration and Customs Enforcement agency on Wednesday issued inspection notices to 652 businesses in an increased effort to target employers that use illegal labor. ICE notified selected employers that they would be auditing their I-9 employee eligibility forms, which employers are required to file and retain for each employee. Assistant Secretary of Homeland Security for ICE John Morton said that the measure was "first step in ICE's long-term strategy to address and deter illegal employment" and that the agency is "committed to establishing a meaningful I-9 inspection program to promote compliance with the law." The audit reflects a shift in focus in federal immigration enforcement, from workplace raids to targeting employers directly, announced last month by US Department of Homeland Security (DHS) Secretary Janet Napolitano during a speech at the Aspen Institute. In March, the administration proposed an overhaul of US immigration policy. Last month, Attorney General Eric Holder vacated an order by former attorney general Michael Mukasey that had denied those facing deportation the right to challenge immigration decisions based on ineffective assistance of counsel claims. In February, Napolitano called for a review of workplace raids conducted by ICE agents. ICE has arrested many non-criminal illegal immigrants in the past year, many of whom were imprisoned. In April 2008, Seton Hall Law School's Center for Social Justice filed a lawsuit claiming that warrantless immigration raids violate the US Constitution. tag:blogger.com,1999:blog-4079894.post-3331324603660707914 2009-07-02T10:19:00.048-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/-ghBpx3UqPI/us-immigration-agency-intensifies.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] The US Immigration and Customs Enforcement agency on Wednesday issued inspection notices to 652 businesses in an increased effort to target employers that use illegal labor. ICE notified selected employers that they would be auditing their I-9 employee eligibility forms, which employers are required to file and retain for each employee. Assistant Secretary of Homeland Security for ICE John Morton said that the measure was "first step in ICE's long-term strategy to address and deter illegal employment" and that the agency is "committed to establishing a meaningful I-9 inspection program to promote compliance with the law." The audit reflects a shift in focus in federal immigration enforcement, from workplace raids to targeting employers directly, announced last month by US Department of Homeland Security (DHS) Secretary Janet Napolitano during a speech at the Aspen Institute. In March, the administration proposed an overhaul of US immigration policy. Last month, Attorney General Eric Holder vacated an order by former attorney general Michael Mukasey that had denied those facing deportation the right to challenge immigration decisions based on ineffective assistance of counsel claims. In February, Napolitano called for a review of workplace raids conducted by ICE agents. ICE has arrested many non-criminal illegal immigrants in the past year, many of whom were imprisoned. In April 2008, Seton Hall Law School's Center for Social Justice filed a lawsuit claiming that warrantless immigration raids violate the US Constitution. http://jurist.law.pitt.edu/paperchase/2009/07/us-immigration-agency-intensifies.php [JURIST] The Israeli Supreme Court on Wednesday ordered the Israel Defense Forces (IDF) to refile indictments on more serious charges against a soldier and an officer accused of shooting a blindfolded prisoner with a rubber bullet. Human rights groups B'Tselem, the Association for Civil Rights in Israel (ACRI), the Public Committee Against Torture in Israel (PCATI), and Yesh Din filed suit against the IDF, saying that a charge of conduct unbecoming a soldier, the least serious military criminal sanction, did not reflect the severity of the crime. The charges stem from an August 2008 incident in the Palestinian town of Ni'lin in which an IDF soldier shot a handcuffed and blindfolded protester, Ashraf Abu Rahma, in the foot with a non-lethal rubber bullet at an officer's direction. Rahma did not sustain serious injury as a result. Writing for a three judge panel, Supreme Court Justice Ayala Procaccia said that the officer had committed a moral failure in ordering the shooting, and that the soldier should not have followed the officer's order because the act was illegal. The rights groups welcomed the decision, but expressed dismay that the Supreme Court's intervention was necessary in the matter. Rights groups have long been critical of IDF tactics in Palestine. Last month, PCATI issued a report asserting that harsh shackling techniques used by the IDF and the Shin Bet Security Agency (GSS) constitute torture. Last year, PCATI alleged that detainees are regularly beaten and abused by IDF soldiers after they no longer pose a security risk. In 2007, the IDF launched investigations into two incidents of soldiers using Palestinians as human shields, in violation of Article 51(7) of the 1977 Additional Protocol to the Geneva Conventions and other international agreements. tag:blogger.com,1999:blog-4079894.post-5147898864536248245 2009-07-02T08:49:00.053-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/S9g4Ahi63wQ/israel-high-court-orders-stronger.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] The Israeli Supreme Court on Wednesday ordered the Israel Defense Forces (IDF) to refile indictments on more serious charges against a soldier and an officer accused of shooting a blindfolded prisoner with a rubber bullet. Human rights groups B'Tselem, the Association for Civil Rights in Israel (ACRI), the Public Committee Against Torture in Israel (PCATI), and Yesh Din filed suit against the IDF, saying that a charge of conduct unbecoming a soldier, the least serious military criminal sanction, did not reflect the severity of the crime. The charges stem from an August 2008 incident in the Palestinian town of Ni'lin in which an IDF soldier shot a handcuffed and blindfolded protester, Ashraf Abu Rahma, in the foot with a non-lethal rubber bullet at an officer's direction. Rahma did not sustain serious injury as a result. Writing for a three judge panel, Supreme Court Justice Ayala Procaccia said that the officer had committed a moral failure in ordering the shooting, and that the soldier should not have followed the officer's order because the act was illegal. The rights groups welcomed the decision, but expressed dismay that the Supreme Court's intervention was necessary in the matter. Rights groups have long been critical of IDF tactics in Palestine. Last month, PCATI issued a report asserting that harsh shackling techniques used by the IDF and the Shin Bet Security Agency (GSS) constitute torture. Last year, PCATI alleged that detainees are regularly beaten and abused by IDF soldiers after they no longer pose a security risk. In 2007, the IDF launched investigations into two incidents of soldiers using Palestinians as human shields, in violation of Article 51(7) of the 1977 Additional Protocol to the Geneva Conventions and other international agreements. http://jurist.law.pitt.edu/paperchase/2009/07/israel-high-court-orders-stronger.php [JURIST] The Iranian government on Wednesday prevented the publishing of the opposition Etemad-e-Melli newspaper in its latest move to quash anti-government reporting in the country. International journalists in the country have also been ordered to stay indoors. The newspaper was linked to opposition candidate Mehdi Karroubi. Both he and candidate Mir Hossein Mousavi have continued to criticize the government for both alleged election fraud and its harsh treatment of protesters and the press following the announcement that incumbent candidate Mahmoud Ahmadinejad had won the highly-disputed election. In reaction to Mousavi's increasing criticism of the government, some in the government and its Basij security forces have called for his arrest, calling him a threat to national security. Earlier this week, Iran's Guardian Council of the Constitution certified the election results week after the Council rejected protesters' requests to abandon the results and start over after a partial recount. Protests of the results have reportedly resulted in at least 17 deaths and hundreds of arrests. Authorities stated that those arrested would be appropriately dealt with by the court system. Human rights groups have viewed the arrests as political repression, saying that Iranian forces are using the protests to "engage in what appears to be a major purge of reform-oriented individuals." Amnesty International has called for authorities to respect and nurture debate stressing that "healthy debate on issues of fundamental importance to peoples' lives" informs, rather than threatens, policy makers." tag:blogger.com,1999:blog-4079894.post-7386053574531853443 2009-07-02T07:14:00.011-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/bk85JAeJOk4/iran-bars-publishing-of-opposition.phpnoreply@blogger.comDevin Montgomery JURIST - Paper Chase [JURIST] The Iranian government on Wednesday prevented the publishing of the opposition Etemad-e-Melli newspaper in its latest move to quash anti-government reporting in the country. International journalists in the country have also been ordered to stay indoors. The newspaper was linked to opposition candidate Mehdi Karroubi. Both he and candidate Mir Hossein Mousavi have continued to criticize the government for both alleged election fraud and its harsh treatment of protesters and the press following the announcement that incumbent candidate Mahmoud Ahmadinejad had won the highly-disputed election. In reaction to Mousavi's increasing criticism of the government, some in the government and its Basij security forces have called for his arrest, calling him a threat to national security. Earlier this week, Iran's Guardian Council of the Constitution certified the election results week after the Council rejected protesters' requests to abandon the results and start over after a partial recount. Protests of the results have reportedly resulted in at least 17 deaths and hundreds of arrests. Authorities stated that those arrested would be appropriately dealt with by the court system. Human rights groups have viewed the arrests as political repression, saying that Iranian forces are using the protests to "engage in what appears to be a major purge of reform-oriented individuals." Amnesty International has called for authorities to respect and nurture debate stressing that "healthy debate on issues of fundamental importance to peoples' lives" informs, rather than threatens, policy makers." http://jurist.law.pitt.edu/paperchase/2009/07/iran-bars-publishing-of-opposition.php [JURIST] A Russian law outlawing gambling in most of the country went into effect Wednesday, with authorities shutting down casinos and confiscating gambling machines. The law, passed in 2007, bans gaming in Russia's cities and towns, but designates some remote areas of the country where gambling is still allowed, including Primorye and Siberia. Industry representatives estimated that 450,000 casino jobs would be lost nationwide, with a $1 billion loss in taxes. A poll published on Monday found 72 percent of Russian city-dwellers in favor of the measure. Gambling has become a central part of the Russian urban landscape, as Western-style capitalism replaced Soviet anti-gaming regulations. In 2006, then-president and current Prime Minister Vladimir Putin likened gambling addiction to alcoholism and said that tough measures were needed to curb Russians' appetite for gambling. The Duma, Russia's lower house of parliament, first considered the bill in later that year. tag:blogger.com,1999:blog-4079894.post-474933395261926806 2009-07-01T15:32:00.043-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/XKqIqU4nRsk/russia-implements-nationwide-gambling.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] A Russian law outlawing gambling in most of the country went into effect Wednesday, with authorities shutting down casinos and confiscating gambling machines. The law, passed in 2007, bans gaming in Russia's cities and towns, but designates some remote areas of the country where gambling is still allowed, including Primorye and Siberia. Industry representatives estimated that 450,000 casino jobs would be lost nationwide, with a $1 billion loss in taxes. A poll published on Monday found 72 percent of Russian city-dwellers in favor of the measure. Gambling has become a central part of the Russian urban landscape, as Western-style capitalism replaced Soviet anti-gaming regulations. In 2006, then-president and current Prime Minister Vladimir Putin likened gambling addiction to alcoholism and said that tough measures were needed to curb Russians' appetite for gambling. The Duma, Russia's lower house of parliament, first considered the bill in later that year. http://jurist.law.pitt.edu/paperchase/2009/07/russia-implements-nationwide-gambling.php [JURIST] The lawyer for jailed Zimbabwe opposition cabinet member-designate Roy Bennett said Wednesday that his trial on terrorism charges will begin on October 13. Trust Maanda said that prosecutors have also revised the conditions of Bennett's bail, requiring him to report bi-monthly to police, rather than three times a week. Bennett, the treasurer general of the Movement for Democratic Change (MDC) party of Prime Minister Morgan Tsvangirai, faces charges under Zimbabwe's Public Order and Security Act for "attempting to commit terrorism, banditry and sabotage." Bennett, who was arrested in February shortly before he was scheduled to be sworn as deputy agriculture minister in the new power-sharing coalition government led by Tsvangirai, is accused of funding the purchase of fire arms and explosives intended to be used as part of an insurgency. It is feared that Bennett's arrest could pose a threat to the power-sharing agreement between the MDC and the African National Union-Patriotic Front (ZANU-PF) party of President Robert Mugabe. Bennett was originally sought for questioning in relation to the allegations in 2006, but he had been seeking asylum in South Africa until recently. Treason charges against him were dropped in favor of the terrorism and other charges. tag:blogger.com,1999:blog-4079894.post-2344627724628899417 2009-07-01T14:40:00.030-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/wBn-MuCPRiE/zimbabwe-cabinet-nominee-trial-set-for.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] The lawyer for jailed Zimbabwe opposition cabinet member-designate Roy Bennett said Wednesday that his trial on terrorism charges will begin on October 13. Trust Maanda said that prosecutors have also revised the conditions of Bennett's bail, requiring him to report bi-monthly to police, rather than three times a week. Bennett, the treasurer general of the Movement for Democratic Change (MDC) party of Prime Minister Morgan Tsvangirai, faces charges under Zimbabwe's Public Order and Security Act for "attempting to commit terrorism, banditry and sabotage." Bennett, who was arrested in February shortly before he was scheduled to be sworn as deputy agriculture minister in the new power-sharing coalition government led by Tsvangirai, is accused of funding the purchase of fire arms and explosives intended to be used as part of an insurgency. It is feared that Bennett's arrest could pose a threat to the power-sharing agreement between the MDC and the African National Union-Patriotic Front (ZANU-PF) party of President Robert Mugabe. Bennett was originally sought for questioning in relation to the allegations in 2006, but he had been seeking asylum in South Africa until recently. Treason charges against him were dropped in favor of the terrorism and other charges. http://jurist.law.pitt.edu/paperchase/2009/07/zimbabwe-cabinet-nominee-trial-set-for.php [JURIST] Fijian Prime Minister Commodore Josaia Voreqe "Frank" Bainimarama on Wednesday announced plans to establish a new constitution by September 2013. Bainimarama said that the new constitution would be in place at least one year prior to the elections planned for September 2014 to allow the public to become familiar with the document prior to voting and that would it include, "provisions that will entrench common and equal citizenry, it must not have ethnic based voting ... and, it must have systems that hold Governments accountable with more checks and balances." The new constitution is meant to replace the 1988 Constitution, which was suspended in April by President Ratu Josefa Iloilo. Bainimarama said that the recommendations of the Peoples Charter for Peace, Change and Progress, released in August 2008 by the National Council for Building a Better Fiji, would serve as the basis for the new constitution. He also invited "international partners and relevant development agencies" to assist in reforming the Fijian legal system. On April 10, Iloilo suspended the constitution and revoked the appointment of all judicial officers after a ruling from the Fiji Court of Appeal declaring the appointment of the military government following a 2006 coup d'etat unconstitutional. The UN High Commissioner for Human Rights then urged Iloilo to reinstate the deposed judges. Concerns about the constitutional suspension have also been expressed by UN Secretary-General Ban Ki-moon and US State Department spokesperson Richard Aker, who said that it was a step backwards for the country, and called on Fiji to continue to recognize rights outlined in the suspended constitution. tag:blogger.com,1999:blog-4079894.post-4355826432177674290 2009-07-01T13:57:00.022-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/Lv5ndiSzhHo/fiji-pm-announces-plan-for-new.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] Fijian Prime Minister Commodore Josaia Voreqe "Frank" Bainimarama on Wednesday announced plans to establish a new constitution by September 2013. Bainimarama said that the new constitution would be in place at least one year prior to the elections planned for September 2014 to allow the public to become familiar with the document prior to voting and that would it include, "provisions that will entrench common and equal citizenry, it must not have ethnic based voting ... and, it must have systems that hold Governments accountable with more checks and balances." The new constitution is meant to replace the 1988 Constitution, which was suspended in April by President Ratu Josefa Iloilo. Bainimarama said that the recommendations of the Peoples Charter for Peace, Change and Progress, released in August 2008 by the National Council for Building a Better Fiji, would serve as the basis for the new constitution. He also invited "international partners and relevant development agencies" to assist in reforming the Fijian legal system. On April 10, Iloilo suspended the constitution and revoked the appointment of all judicial officers after a ruling from the Fiji Court of Appeal declaring the appointment of the military government following a 2006 coup d'etat unconstitutional. The UN High Commissioner for Human Rights then urged Iloilo to reinstate the deposed judges. Concerns about the constitutional suspension have also been expressed by UN Secretary-General Ban Ki-moon and US State Department spokesperson Richard Aker, who said that it was a step backwards for the country, and called on Fiji to continue to recognize rights outlined in the suspended constitution. http://jurist.law.pitt.edu/paperchase/2009/07/fiji-pm-announces-plan-for-new.php [JURIST] The International Criminal Tribunal for Rwanda (ICTR) on Wednesday announced that nine prisoners were transferred Saturday to a detention facility in Benin to serve their sentences. A May 18 order by ICTR President Sir Dennis Byron requested the transfer from the UN Detention Facility at Arusha, Tanzania to Beninese custody. The prisoners, including former Kigali-Rural governor Francios Karera, Catholic priest Athanase Seromba, and former lawmaker Aloys Simba, were sentenced by the tribunal to terms ranging from 11 years to life in prison. The ICTR, set to expire in 2010, was established to try genocide suspects for crimes occurring during the 1994 Rwandan conflict between Hutus and Tutsis in which approximately 800,000 people, primarily Tutsis, died. In May, Byron submitted a plan for the ICTR, which extends trial stages through 2009 and reserves the final year of the court's mandate for appellate orders and responses. In March, UN Secretary-General Ban Ki-Moon pledged his ongoing support for the ICTR and stressed that the international community must continue to combat genocide. tag:blogger.com,1999:blog-4079894.post-6371444071406576303 2009-07-01T11:48:00.045-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/ltnxSrVehyw/rwanda-genocide-tribunal-transfers.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] The International Criminal Tribunal for Rwanda (ICTR) on Wednesday announced that nine prisoners were transferred Saturday to a detention facility in Benin to serve their sentences. A May 18 order by ICTR President Sir Dennis Byron requested the transfer from the UN Detention Facility at Arusha, Tanzania to Beninese custody. The prisoners, including former Kigali-Rural governor Francios Karera, Catholic priest Athanase Seromba, and former lawmaker Aloys Simba, were sentenced by the tribunal to terms ranging from 11 years to life in prison. The ICTR, set to expire in 2010, was established to try genocide suspects for crimes occurring during the 1994 Rwandan conflict between Hutus and Tutsis in which approximately 800,000 people, primarily Tutsis, died. In May, Byron submitted a plan for the ICTR, which extends trial stages through 2009 and reserves the final year of the court's mandate for appellate orders and responses. In March, UN Secretary-General Ban Ki-Moon pledged his ongoing support for the ICTR and stressed that the international community must continue to combat genocide. http://jurist.law.pitt.edu/paperchase/2009/07/rwanda-genocide-tribunal-transfers.php [JURIST] The lawyers for terrorism suspect Ahmed Ghailani on Tuesday requested access to secret prisons operated by the Central Intelligence Agency at which their client was held prior to his transfer to Guantanamo Bay. The motion asks Judge Lewis Kaplan of the United States District Court for the Southern District of New York to grant them access to "black sites" where they allege Ghailani was subjected to physical and psychological mistreatment. The lawyers said that evidence at the facilities must be preserved in light of the CIA's April decision to close secret prisons. Ghailani, who faces charges for his alleged involvement in the 1998 bombings of US embassies in Tanzania and Kenya, is the first Guantanamo detainee to be brought to the US for prosecution. Having been held at the Guantanamo facility since 2006 following his 2004 arrest in Pakistan, Ghailani was transferred to the US last month to face 286 separate counts including involvement in the bombings and conspiring with members of al Qaeda to kill Americans worldwide. He pleaded not guilty at his initial appearance. In a rare move last month, Kaplan tentatively granted Ghailani's request that his military lawyers be allowed to represent him in civilian court. The announcement that Ghailani would be tried in federal court came last month following the ordered review of all Guantanamo detainees pursuant to plans to close the detention facility. tag:blogger.com,1999:blog-4079894.post-7187954088388580417 2009-07-01T09:33:00.043-04:00 http://feedproxy.google.com/~r/pitt/vLdl/~3/yLHc1jMEoQo/ex-guantanamo-detainee-lawyers-request.phpnoreply@blogger.comAndrew Morgan JURIST - Paper Chase [JURIST] The lawyers for terrorism suspect Ahmed Ghailani on Tuesday requested access to secret prisons operated by the Central Intelligence Agency at which their client was held prior to his transfer to Guantanamo Bay. The motion asks Judge Lewis Kaplan of the United States District Court for the Southern District of New York to grant them access to "black sites" where they allege Ghailani was subjected to physical and psychological mistreatment. The lawyers said that evidence at the facilities must be preserved in light of the CIA's April decision to close secret prisons. Ghailani, who faces charges for his alleged involvement in the 1998 bombings of US embassies in Tanzania and Kenya, is the first Guantanamo detainee to be brought to the US for prosecution. Having been held at the Guantanamo facility since 2006 following his 2004 arrest in Pakistan, Ghailani was transferred to the US last month to face 286 separate counts including involvement in the bombings and conspiring with members of al Qaeda to kill Americans worldwide. He pleaded not guilty at his initial appearance. In a rare move last month, Kaplan tentatively granted Ghailani's request that his military lawyers be allowed to represent him in civilian court. The announcement that Ghailani would be tried in federal court came last month following the ordered review of all Guantanamo detainees pursuant to plans to close the detention facility. http://jurist.law.pitt.edu/paperchase/2009/07/ex-guantanamo-detainee-lawyers-request.php Blogger v7.00 (http://www.blogger.com) + Atom 1.0 XSLT Transform v1 (http://atom.geekhood.net)