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Court and UN Challenged by Darfur Case
Legal World News | 2007/12/03 15:41
From the moment the International Criminal Court opened its annual two-week meeting, its credibility was being put to the test because of its failure to start prosecuting two Sudanese charged with crimes against humanity in conflict-wracked Darfur. Sudan on Friday reiterated its refusal to hand them over for trial, and experts say much depends on the strength of U.N. Secretary-General Ban Ki-moon's message on Monday to representatives of the 105 nations that have signed on to the court, the world's first permanent war crimes tribunal.

"It will be imperative that he speak in strong, unambiguous terms as to his support for this court and for this court's arrest warrants," Richard Dicker, director of the international justice program at Human Rights Watch, said Friday.

Without a tough message from Ban, the Sudanese government may get the idea they "can flout this court at will without facing repercussions from the leadership of the United Nations," Dicker said. "If that were to happen, it would make more difficult the prospect of justice for victims for absolutely horrific crimes."

The court came into being in July 2002, but Sudan is not among the 105 countries that have endorsed the 1998 Rome treaty that established it.

The Security Council referred the Darfur case — charging a cabinet minister and a janjaweed chief with crimes against humanity — to the court in 2005 in a resolution that required Sudan's government and all other parties in the conflict to cooperate. Sudan later agreed to set up its own investigation and a special court for Darfur.

In his speech Monday, Ban is expected to "urge all member states to do everything within their powers to assist the court in enforcing the outstanding warrants" in Darfur and to praise the court for becoming "a centerpiece of our system of international criminal justice," said associate U.N. spokesman Yves Sorokobi.

The conflict in Sudan's western Darfur region has claimed over 200,000 lives and uprooted 2.5 million people from their homes since violence erupted in early 2003 when rebels from the ethnic African majority took up arms against the Arab-dominated government. Critics accuse Sudan of retaliating by arming local Arab militias known as the janjaweed, and the government is blamed for widespread atrocities against civilians.

The court's meeting opened Friday with tough words from its president and its chief prosecutor on bringing charges against Ahmed Muhammed Harun, who was appointed Sudan's humanitarian affairs minister after his indictment was announced, and Ali Kushayb, a janjaweed leader.

"The arrest warrants and the obligation to enforce them will not go away," Luis Moreno-Ocampo, the chief prosecutor, told the meeting.

Judge Philippe Kirsch, the court's president, noted the potential impact on the court's credibility because the warrants it issued in early May for the arrest and surrender of the two suspects have not yet been executed.

"Without arrests, there can be no trials. Without trials, victims will again be denied justice. The potential deterrent effect of the court will be reduced," Kirsch told the meeting.

Kirsch told the meeting that Ban's anticipated presence on Monday "reaffirms the importance of this special relationship" between the U.N. and the court, which is a tribunal of last resort for war crimes, genocide and crimes against humanity.

"The strength of support we receive during this meeting from the states and the United Nations, of course, strengthens the credibility of the court," Jurg Lauber, the court's chief of staff, told The Associated Press.

Sudan's U.N. ambassador, Abdalmahmood Abdalhaleem Mohamad, told the AP on Friday that because Sudan is not a party to the court, its jurisdiction does not apply and its prosecutor was making "impossible demands, acting on behalf of the enemies of the peace and stability in the country."

Mohamad said Sudan also "should not be subject to the politicization of the Security Council."

Will Sudan turn over the two people indicted by the court?

"We will never turn over our citizens to be tried abroad," Mohamad said. "If there are accusations against any of our citizens, the judiciary in Sudan is more than capable."



Court Rejects Mental Health Case
Lawyer Blog News | 2007/12/03 15:16
A Mississippi death row inmate whose lawyer had never tried a case and suffered from mental illness failed Monday to persuade the Supreme Court to take his case. The court did not comment in denying the appeal from Quintez Hodges, who was sentenced to death in 2001 for killing his ex-girlfriend's brother two years earlier. Hodges presented evidence that his attorney, Michael Miller, was abusing drugs around the time of his trial and suffered from mental illness. A little over a year after Hodges' trial, Miller's parents had him committed to a psychiatric hospital.

The state said Mississippi courts examined Hodges' claims and determined they lacked merit.

"Miller's commitment papers...clearly show that this was his first commitment," state Attorney General Jim Hood told the court.

Under prior Supreme Court rulings, defendants have to show that their lawyer was deficient and that the outcome probably would have been different with competent representation.



Accused Sniper Set to Plead Guilty
Court Feed News | 2007/12/03 12:58
A teenager accused of killing one man and wounding another in a series of highway sniper shootings is expected to plead guilty to two felonies as part of a plea agreement, his lawyer said.

Zachariah Blanton, 18, is expected to appear in Jackson Circuit Court today, where Judge William Vance could approve the plea agreement.

Blanton, Gaston, was scheduled to stand trial Dec. 11 on charges of murder, attempted murder and criminal recklessness. His defense attorney, Bruce MacTavish, said his client will plead guilty to two amended felony charges, voluntary manslaughter with a deadly weapon and criminal recklessness.

A plea document was filed in Jackson Circuit Court on Friday, MacTavish said, but the agreement would not be final unless it is accepted by a judge.

Blanton is accused of firing his hunting rifle into I-65 traffic from an overpass on a Jackson County road near Seymour about 60 miles south of Indianapolis on July 23, 2006. One of those shots went through a pickup truck's windshield and killed a passenger, Jerry L. Ross, 40, New Albany. An Iowa man traveling in another pickup truck also was injured.

Blanton, who was 17 at the time, was arrested at his home two days later.


U.S. rights stance faces big test in Guantanamo case
Lawyer Blog News | 2007/12/03 12:17
The tarnished U.S. human rights image faces a major test this week as the Supreme Court considers whether terrorism suspects held for years without charges at Guantanamo Bay are wrongly detained.

The court's nine justices on Wednesday are to hear the appeal of Guantanamo prisoners who say a 2006 law unconstitutionally denies them a meaningful way to challenge in court their detention at the U.S. Naval Base on Cuba.

The case is being watched by governments and human rights activists around the world, who say President George W. Bush has overreached his powers and trampled on rights in the war on terrorism he launched after the September 11, 2001, attacks.

"The rule-of-law, humanitarian and human rights principles at stake in this case are the very principles which the coalition of liberal democracies together seek to uphold and defend in the 'war on terror,'" British and European parliament members said in one of the many outside briefs urging the Supreme Court to rule in favor of the detainees.

The Bush administration told the court the Guantanamo prisoners receive fair treatment and a chance to make their case before a military tribunal, with a limited appeals court review. But it said the Constitution's "habeas corpus" rights for prisoners to seek a court review of their detention do not apply to foreigners held outside the country.

"The detainees now enjoy greater procedural protections and statutory rights to challenge their wartime detentions than any other captured enemy combatants in the history of war. Yet they claim an entitlement to more," the Justice Department said in its brief on the case.



Fosamax Users Seek Class-Action Status
Class Action News | 2007/12/01 17:42
Lawyers for Fosamax users who believe their jaws were damaged by the osteoporosis drug on Friday asked a federal judge to order Merck & Co. to provide a dental monitoring program for the drug's users.

The lawyers made the suggestion to U.S. District Judge John F. Keenan as they argued for the case to be certified as a class-action, in order to pursue claims by users who believe the drug caused osteonecrosis of the jaw, a condition in which portions of the jaw bone die, sometimes leaving the bone exposed.

Timothy M. O'Brien, a lawyer for plaintiffs, said hundreds of thousands of patients would benefit from a dental monitoring program that would include regular dental screenings, X-rays and lab tests, all aimed at preventing the need for dental surgery.

Paul Strain, a Merck attorney, called Fosamax a "life altering and life saving drug" that helps to prevent the kind of bone fractures that can hasten the deaths of people as they age. He said the drug was a pioneer 11 years ago.

Strain also said there was no proven link between degeneration of the jaw bone in some patients and Fosamax.

Damage to the jaw bone can result in many ways, including from using steroids, from diseases or weaknesses in the body and from poor dental hygiene.

O'Brien said as many as one in every 296 patients who use Fosamax develop the severe damage to the jaw, though Merck disputed the figure. O'Brien said jaws were more susceptible to damage because they are used so frequently and are under greater stress than most bones.

Keenan did not immediately rule after hearing arguments.

Vance Andrus, another lawyer for the plaintiffs, argued a class-action certification would allow for a trial where a jury could decide whether Fosamax is toxic and hazardous and whether Merck was negligent and should have warned users of dangers.



Guilty Plea in Navy Bid Rigging Case
Lawyer Blog News | 2007/12/01 17:20
A metal sling manufacturing company has pleaded guilty to conspiracy to rig bids on U.S. Navy contracts, the federal officials said.

Authorities said Certified Slings Inc. rigged bids for manufacturing metal sling hoist assemblies, which are used to transport items such as bombs and other munitions.

The central Florida-based company also agreed to pay a $150,000 fine, according to a statement from the U.S. Department of Justice on Thursday. The plea was made in the U.S. District Court in Islip, N.Y.

Certified Slings was part of a conspiracy to rig bids from December 2002 to October 2003, where "conspirators discussed and agreed among themselves which of them would win contracts from the U.S. Navy," the statement said.

A telephone message and e-mail left for the company by The Associated Press were not immediately returned Thursday night.

Four others have also been charged as a result of the investigation.

Pennsylvania executives Thomas Cunningham and Richard Barko pleaded guilty to rigging bids on U.S. Navy contracts in February and are currently awaiting sentencing.

In July, the former sales director of a New York-based company, Robert Fischetti, pleaded guilty to two counts of participating in separate conspiracies to rig bids on military equipment. Roger Jacobi, the president of another New York-based company was charged with conspiring to rig bids on DOD contracts in September.



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