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Spain seeks broader EU constitution
Legal World News | 2007/01/27 19:30

Spain Foreign Minister Miguel Angel Moratinos argued for an expanded European constitution in his opening statement at the “Friends of the EU Constitution” summit that got under way in Madrid Friday. The summit is only open to delegates from the 18 countries that already have ratified the constitution, as well as delegates from Ireland and Portugal, where ratification is strongly supported and seems likely, and seeks to find ways to convince countries that have not ratified the constitution to do so. Moratinos advocated a more comprehensive constitution that could address topics such as immigration, climate change, and defense.

While most summit delegates argued against modifying the constitution, others agreed with Moratinos, and said that the current text is at the threshold for being so minimalist that any further reductions would destroy the worth of the document entirely. Of the countries that have not ratified the current text, several have advocated significant reductions.



Italy moves towards criminalizing Holocaust denial
Legal World News | 2007/01/26 11:19

Italy is set to become the latest country in Europe to criminalize Holocaust denial after the cabinet of Italian Prime Minister Romano Prodi unanimously approved a draft bill Thursday. The draft, written by Justice Minister Clemente Mastella, will now be given to parliament for debate. It makes it a crime punishable by up to four years in prison to defend, justify, or otherwise instigate crimes against humanity.

Earlier this month, Germany announced that as part of its 2007 EU presidency, it would propose EU-wide laws criminalizing Holocaust denial. A prior German attempt at such a law was blocked by Italy, which has since softened its opposition. It is currently illegal to deny the Holocaust in Austria, Belgium, France, Germany and Spain. DPA has more.



S. Korea court rejects lawsuit against tobacco companies
Legal World News | 2007/01/26 09:21

A Seoul court ruled Thursday that cancer patients suing South Korean tobacco firm Korea Tobacco and Ginseng Co. (KTG) do not have enough evidence to link their diseases to negligence on the part of the companies. The court conceded the link between smoking and the plaintiffs' illnesses, but said that there was insufficient evidence to show that their diseases were explicitly caused by smoking the defendant's cigarettes. In addition, the court said that there was no evidence to support assertions that the companies provided inadequate warnings about their products.

South Korea has an extremely high smoking population, at 12 million out of 47 million people, according to a 2005 report by Euromonitor International. Widespread anti-smoking campaigns have been largely ineffective. The suit dismissed Thursday was the first brought by cancer patients against tobacco companies in South Korea and was a consolidation of two separate lawsuits filed in 1999 against KTG, which was then a government-run company. Lawyers for the plaintiffs have said they will appeal the decision.



Israeli president granted leave of absence
Legal World News | 2007/01/25 17:05

Israeli President Moshe Katsav, who may be indicted on rape and other sexual assault charges, had his request for a leave of absence granted Thursday by a parliamentary panel. Legislators approved the request, which could last up to six months, with a 13-11 vote.

Under Israeli law, Katsav had to receive the approval of a Knesset committee before he could be removed. On Tuesday, prosecutors said they have enough evidence to charge Katsav with rape, harassment, abusing his power for sex, obstructing justice and illegally distributing gifts while president and cabinet minister. Katsav has said publicly that he will resign if indicted. In an emotional news conference Wednesday, he blamed the media for their "witch hunt," "McCarthyism" and "persecution."

Also on Wednesday, Israeli Prime Minister Ehud Olmert added to the growing political pressure on Katsav to resign. "Under these circumstances, there is no doubt in my mind that the president cannot continue to fulfill his position and he must leave the president's residence," Olmert said at a security conference.

Attorney-General Meni Mazuz said Tuesday that while he planned to indict Katsav, he first wanted to give the president a chance to plead his case before him.

The first woman to accuse Katsav came forward last summer accusing him of forcing her to have sex in his office. Other women then came forward with similar accusations. If found guilty, Katsav could face more than 20 years in prison.



Israeli president accused of raping four women
Legal World News | 2007/01/23 16:41

Prosecutors intend to charge President Moshe Katsav with rape and other crimes against female employees, the Justice Ministry said on Tuesday, in what would be an unprecedented indictment against an Israeli head of state. Katsav has denied wrongdoing. His post is largely ceremonial and the scandal is unlikely to have a direct impact on Prime Minister Ehud Olmert -- who has himself been hurt politically by a string of investigations into suspected corruption, which he has denied.

"The attorney-general, with the agreement of the state attorney, reached the conclusion that there is sufficient prima facie evidence to indict the president," the Justice Ministry said in a statement.

The scandal erupted last year when several former staffers filed complaints with police, accusing Katsav of sex crimes. The ministry said an indictment would include the charge of raping one of the four women who accused Katsav of sexual assault.

In the statement, Attorney-General Menachem Mazuz gave Katsav a last chance to present legal arguments before a final draft of the indictment, proposing a hearing at which he promised to hear the president's response with an "open heart and a willing soul".

Asked on Channel 10 television if Katsav intended to resign, his lawyer, Sharon Nahari, said: "I think it is too early to say. What is important is that this is a very difficult day for Israel. We hope all will become clear after the hearing."

The ministry said a date for the hearing would be set soon.

While serving as president, Katsav can be put on trial only if he is impeached by parliament. He has said he would suspend himself from office if indicted.

Katsav has been president since 2000 and is due to stand down in July.



Former Saddam VP seeks to avoid death penalty
Legal World News | 2007/01/23 06:41

A lawyer for Saddam-era Iraqi Vice President Taha Yassin Ramadan has filed an appeal with the Iraqi High Tribunal (IHT) arguing that the Tribunal's Appeals Chamber was not authorized to effectively direct its trial court to deliver a death penalty for Ramadan after originally according him a life sentence. Ramadan was convicted in November in connection with crimes against humanity committed in the town of Dujail in 1982. The Appeals Chamber ruled December 26 in its decision upholding Saddam Hussein's death sentence  that a life sentence for Ramadan was too lenient and ordered the trial court to re-sentence him. The Trial Chamber is expected to issue a death sentence later this week.

Ramadan lawyer Giovanni Di Stefano argued Sunday that the Appeals Chamber improperly relied on Article 24 of the IHT statute when directing the trial chamber to increase Ramadan's sentence.



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