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ECJ legal adviser upholds rights of trade unions
International | 2007/05/23 10:13

Advocate General Paolo Mengozzi of the European Court of Justice upheld the rights of trade unions in two opinions Wednesday. In Laval v. Partneri (C-341/05) [opinion; press release, PDF in French], Mengozzi advised the court to allow trade unions to force companies from foreign EU member states to pay their workers the same that domestic workers would otherwise receive. Latvian construction company Laval was hired to build a school in Sweden, but Sweden's construction trade union Byggnads sought to force Laval to pay its workers more. In the second case, International Transport Workers' Federation v. Viking Line ABP (C-438/05), Mengozzi said trade unions should be able to act to dissuade a company from moving to another EU member state for the purposes of lowering wages.

Advocate General opinions are not binding, although generally the final opinions of the court, which will not be released for several months, follow them. By advocating more power for trade unions, Mengozzi seems to be granting greater weight to a country's internal autonomy, over the rules of the EU single market.



Guantanamo Bay Detainee Transferred to Australia
International | 2007/05/21 09:25

Australian Guantanamo detainee David Hicks was transferred to a maximum security prison near his hometown of Adelaide South Australia Sunday to serve the remainder of his nine-month prison sentence. In March, a US military commission at Guantanamo Bay recommended sentencing Hicks to seven years in prison, but all but nine months of that were effectively suspended by a military judge under the terms of a plea agreement kept secret from the panel of military officers during its deliberations.

Hicks has spent more than five years in US custody since being captured in Afghanistan. Under the plea agreement, Hicks was required to state that he "has never been illegally treated" while being held as an enemy combatant by the United States and that his detention was lawful pursuant to the laws of armed conflict. Hicks is also prohibited from having contact with the media for a period of one year, is to not take any legal action against the United States for his treatment during his 5 year detention, and is required to turn over any profits from an eventual sale of his story to the Australian government.



US seeks extradition of Muslim imprisoned in UK
International | 2007/05/18 03:29

Lawyers for the US government argued for the extradition of Muslim cleric Abu Hamza al-Masri in a hearing before a London court Thursday. Al-Masri is currently serving a seven-year prison sentence  in Britain for urging his followers to kill Jews and other non-Muslims and using "threatening, abusive or insulting words or behavior" to stir up racial hatred. Hamza faces US charges of attempting to establish terrorist training camps both in Oregon and in Afghanistan. The hearing, initially scheduled for Wednesday, was postponed to give Hamza time to recover from an operation.

The US called for Hamza's extradition last year, but hearings were delayed pending his appeal of his current conviction in the UK courts. The appeals were dismissed in November. Hamza's lawyers say the extradition warrant should be dismissed because it was issued on evidence obtained by torture.



Madrid train bombings suspects on hunger strike
International | 2007/05/17 05:20

Nine defendants in the 2004 Madrid train bombings trial indicated in court Wednesday that they have begun a hunger strike, joining four other defendants who initiated the hunger strike last Thursday. The thirteen defendants are among eighteen who remain in custody during the trial, while eleven other defendants have been released on bail. Judge Javier Gomez Bermudez warned the defendants that the trial would not be suspended because of the hunger strike, and if necessary, the defendants would be subjected to forced feedings.

The trial of the 29 suspects began in February in the National Court of Spain. The defendants, are charged with 192 counts of murder and upwards of 1,800 counts of attempted murder. Seven defendants are charged with murder and with having belonged to a terrorist organization, while the remaining twenty-two defendants are being charged with collaborating with a terrorist group and the handling of explosives.



Ukraine Constitutional Court to review judge dismissals
International | 2007/05/17 02:18

Members of the Ukranian Parliament have requested that the Ukrainian Constitutional Court rule on the legality of President Viktor Yushchenko's dismissal of three judges from its bench, according to the court's information office Tuesday. The request came after last Friday's dismissal of Volodymyr Ivashchenko, the third Constitutional Court judge removed for alleged oath and ethics violations.

The court is currently considering the constitutionality of Yushchenko's April 2 decree dissolving parliament and calling for new elections. He has since issued a second decree, which is also under review by the court, moving the elections to late June. A majority of legislators objected to the initial decree, filing an appeal with the 18-judge Constitutional Court.

Yushchenko has insisted that his dissolution decree was proper under the Ukrainian constitution and has said that officials who refuse to comply with his decree could face criminal prosecution.



Iraqi Gov overwhelmed by additional detainees
International | 2007/05/16 05:57

Security plans implemented since February by the Multi-National Force - Iraq (MNF-I) have contributed to overcrowding in Iraqi prisons, the Washington Post reported Tuesday. A UN report released in April estimated 20,000 detainees were held in Iraq-run facilities during the month of March, indicating an increase of over 3,500 detainees from the end of January.

Estimates of the number of detainees held in Iraqi-operated facilities are difficult to verify because various ministries operate multiple facilities with little coordination. Deputy Justice Minister Pusho Ibrahim Ali Daza Yei told the Washington Post that the Justice Ministry, which operates prisons for convicted criminals, have provided detention space for untried detainees under the custody of the Iraqi Army and that the military detainees account for over 15 percent of the Justice Ministry's prison population.

An anonymous source told the Washington Post that the "tidal wave of cases" generated by the security plans have overwhelmed the Iraqi justice system, which is mandated by Article 19 of the Iraq Constitution to submit preliminary investigations to "a competent judge in a period not to exceed twenty-four hours from the time the arrest has occurred."

Allegations of detainee abuse, particularly by the Interior Ministry, have also increased as officials have struggled to deal with the influx of detainees. The security plans, formally known as "Operation Law and Order" and commonly referred to as the "troop surge," are intended to increase security and stability in Baghdad and Al Anbar province, and were instituted shortly after Gen. David H. Petraeus assumed command of MNF-I.



Somalia to cooperate with UN rights investigation
International | 2007/05/15 06:12

The transitional government of Somalia has agreed to cooperate with a UN probe into alleged human rights violations that occurred during recent fighting in the country's capital, according to UN emergency relief co-ordinator John Holmes Monday. Despite that, the Somali government maintains that no abuses took place. Recent fighting between warlords and government-backed troops, most of whom come from Ethiopia, have left about 1,600 people dead in Mogadishu. Former deputy Prime Minister Hussein Aideed says that Ethiopian soldiers have been carrying out a campaign of genocide against Somalis since their arrival, but the government has defended their use as necessary to reinstate law and order after 16 years of chaos.

In January, the transitional government began imposing martial law over areas under the government's control, two weeks after martial law was approved by parliament. Somalia has endured a lengthy civil war and several rounds of failed peace talks since the collapse of its last civil government in 1991. In late March Human Rights Watch claimed that the US, Kenya, and Ethiopia were cooperating with the transitional government of Somalia to secretly detain people who fled the conflict there.



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