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Western powers warn Kosovo on changing war crimes court law
Court Watch | 2018/01/07 14:42

Five western nations have warned Kosovo against repealing or amending a law on a war crimes court, saying it would suffer negative consequences "in international and Euro-Atlantic integration."

A statement Thursday from the nations — the United States, Britain, France, Germany and Italy — said they were "deeply concerned by ongoing efforts to undermine the work of the Specialist Chambers." It called on Kosovo politicians and lawmakers "to abandon any thought of repealing or re-negotiating any aspect of the law ... (because that) calls into question Kosovo's commitment to the rule of law."

In December, a group of Kosovo lawmakers tried to amend the law, seeking to extend its jurisdiction over Serbs, their former adversaries in the 1998-1999 war for independence. The court now has jurisdiction only over potential war crimes suspects who were Kosovo citizens.

"(This move) puts the interests of certain individuals above the interests of Kosovo society. We condemn such a move," the nations said.

Kosovo detached from Yugoslavia following a three-month NATO air war in 1999 to stop a bloody Serbian crackdown against ethnic Albanian separatists. It then declared unilateral independence from Serbia in 2008, a move recognized by 114 states but not by Serbia.

The court law was passed in 2015 as a result of U.S. and European pressure on Kosovo's government to confront alleged war crimes that the Kosovo Liberation Army committed against ethnic Serbs.


Greece to limit Sharia law after European Court challenge
Court Line | 2018/01/07 14:41

Lawmakers in Greece are set to limit the powers of Islamic courts operating in a border region that is home to a 100,000-strong Muslim minority.

Backed by parliament's largest political parties, the draft law is set to be voted on later Tuesday. The proposal aims to scrap rules dating back more than 90 years ago and which refer many civil cases involving members of the Muslim community to Sharia law courts. The new legislation will give Greek courts priority in all cases.

The changes — considered long overdue by many Greek legal experts — follow a complaint to the Council of Europe's Court of Human Rights over an inheritance dispute by a Muslim woman who lives in the northeastern Greek city of Komotini.

Legislation concerning minority rights was based on international treaties following wars in the aftermath of the Ottoman empire's collapse. The Muslim minority in Greece is largely Turkish speaking. Minority areas were visited last month by Turkish President Recep Tayyip Erdogan.

Greek governments in the past have been reluctant to amend minority rights, as many disputes between Greece and Turkey remain unresolved.

Currently, Islamic court hearings are presided over by a single official, a state-appointed Muslim cleric.

In parliament Tuesday, Constantine Gavroglou, minister of education and religious affairs, praised opposition party support for the bill.



Court extends halt in Louisiana executions after judge dies
Court Line | 2018/01/05 14:42

A court order blocking Louisiana from carrying out any executions has been extended indefinitely after the death of the federal judge who issued it.

A lawsuit challenging the state's lethal injection protocols has kept death sentences on hold since 2014. U.S. District Judge James Brady, who died Dec. 9 after a brief illness, oversaw the lawsuit and agreed to order the temporary stay of all executions.

Brady's order was due to expire next Monday, but U.S. District Judge Shelly Dick agreed Thursday to extend it until another judge is assigned to the lawsuit.

Louisiana has 72 inmates on death row, according to state corrections department spokesman Ken Pastorick. The state's last execution was in January 2010, when it carried out a death sentence for Gerald Bordelon, who was convicted of killing his 12-year-old stepdaughter in 2002.

Drug shortages have forced the corrections department to rewrite its execution plan several times since 2010. Under the state's current execution protocols, its primary method is a single-drug injection of pentobarbital, a powerful sedative. The alternative method is a two-drug combination of the painkiller hydromorphone and the sedative midazolam.

The most recent order that Brady issued to halt executions — at the request of Louisiana Attorney General Jeff Landry — is limited to death row inmates who are plaintiffs in the litigation. But others can join the lawsuit if an execution date is set by the courts.



State high court won't hear Mateen Cleaves sex assault case
Attorney News | 2018/01/03 14:43

The Michigan Supreme Court has declined to review a judge's decision to reinstate sexual assault charges against former Michigan State basketball star Mateen Cleaves.

The state's high court on Wednesday joined three Michigan Court of Appeals judges, who in August denied Cleaves' request. Earlier, Genesee County Judge Archie Hayman reinstated the case against Cleaves, who faces charges including unlawful imprisonment and second-degree criminal sexual conduct.

The case is expected to return to county court for trial. Cleaves is accused of assaulting a woman after a charity golf event and a visit to a Flint-area bar in 2015.

Defense attorney Frank Manley says he remains "confident" Cleaves will be "vindicated."

Cleaves, a Flint native, led Michigan State to the NCAA basketball championship in 2000 and played for four NBA teams.




Florida and Georgia taking water fight to Supreme Court
Legal News | 2018/01/03 14:41

Reminders of the oyster's pre-eminence in this slice of northwestern Florida are everywhere, from the shells that line the edges of downtown buildings to the paintings of oysters that dot the walls of Apalachicola's art and history museum.

It's the oysters themselves that are harder to find these days, and Florida is hoping the Supreme Court can help fix that. The high court hears arguments Monday in the long-running dispute between Florida and neighboring Georgia over the flow of water in the Apalachicola River, which runs from the state line to Apalachicola Bay and the nearby Gulf of Mexico.

Florida sued Georgia in the Supreme Court in 2013, blaming farmers and booming metro Atlanta for low river flows that harmed the environment and fisheries dependent on fresh water entering the area. Florida portrays the case as its last chance to "stem Georgia's inequitable consumption" of water from the Chattahoochee and Flint rivers in Georgia, leaving too little by the time the rivers come together and pass into Florida.

"It is effectively strangling the Apalachicola Region and killing or threatening its animal and plant life," Florida said in its Supreme Court brief. Although the justices usually hear appeals, lawsuits between states start in the Supreme Court.

Georgia said Florida has failed to show that it would benefit from any cuts imposed on Georgia, pointing to the conclusion of a court-appointed special master who recommended that the justices side with Georgia. Georgia also said Florida is asking for unreasonable reductions that would "threaten the water supply of 5 million people in metropolitan Atlanta and risk crippling a multibillion-dollar agricultural sector in southwest Georgia."

Complicating the issue is the absence from the lawsuit of the U.S. Army Corps of Engineers, which manages dams on the Chattahoochee River.


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