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Saturday, July 19, 2008 |

Malawi judges placed under surveillance by state intelligence service
Steve Czajkowski at 12:09 PM ET

[JURIST] The Malawi [government website; BBC country profile] state security organization has put under surveillance the three-judge panel determining whether former President Bakili Muluzi [BBC profile] is eligible to run for another term as president, according to a Friday report by the Nyasa Times. The report included a statement from an officer with the Secret Intelligence Service (SIS), a branch of the Malawi Police Service (MPS) [official profile], who said the surveillance was normal and that it included monitoring bank accounts as well as tapping their phone lines. The legal action [Nation Online report] was brought before the Constitutional Court [VOA report] by a member of Muluzi's United Democratic Front Party (UDF), James Phiri, who is arguing that Malawi's Constitution [PDF text] does not allow a person to run for president if they have served for two consecutive terms. The court is set to decide the issue on July 25.
Muluzi defeated president-for-life Kamuzu Banda in the country's first democratic election in 1994. He then served as President of the nation until 2004, when he failed in an attempt to amend the country's constitution to allow him to serve for a third term. He was able to turn over power to his hand-picked successor, President Bingu wa Mutharika [BBC News profile], but Murtharika later defected from Muluzi's United Democratic Front party and formed his own party, the Democratic Progressive Party (DPP) [official website]. The two leaders have been involved in a number of legal troubles within the country in recent years, including corruption charges [JURIST report] which were later dropped [JURIST report] against Muluzi in July 2006, the arrest of Malawi Vice President Cassim Chilumpha [official profile] on charges of treason for allegedly attempting to assassinate the President in April 2006, and impeachment proceedings [JURIST report] against the President in 2005 based on allegations that he misused public funds and abused his presidential role.


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Ninth Circuit refutes immigration judge statements made in Ethiopia asylum case
Steve Czajkowski at 10:17 AM ET

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] made an unusual ruling [opinion text, PDF] on Friday, finding that the adverse credibility determination made by an Immigration Judge (IJ) in an asylum case was not based on substantial evidence. The petitioner, Etagegn Haile Tekle, appealed the Board of Immigration Appeals (BIA) [DOJ backgrounder] decision which had affirmed the IJ's denial of her case for asylum, and the Ninth Circuit granted her petition for review. Etagegn is a citizen of Ethiopia [JURIST news archive] who applied for asylum to the US in 2004 because of a fear of arrest and torture due to her membership in the Oromo Liberation Front (OLF) [advocacy website], a political organization seeking independence for the Oromo ethnic group. The IJ had also found that even if her testimony were truthful, she is ineligible for asylum because she has “not demonstrated severe past persecution,” and her fear of harm is due merely to “general conditions of violence and civil unrest” in Ethiopia. In its opinion, the Ninth Circuit Court made a special effort to refute the assertions in the following statement made by the IJ on the record: I have one other comment, and again, I don’t care if the 9th Circuit wants to report this to my supervisor. The 9th Circuit does not comply with Supreme Court law with regard to asylum. While I am in the 9th Circuit and have to comply, I do note that they don’t really care what Immigration [J]udges do. If an Immigration [J]udge makes an adverse credibility determination, they will, in only one case out of every 250 to 300, affirm it. So I don’t play their game with regard to credibility determinations. [sic] The case was remanded to the BIA for additional proceedings, including a determination as to the availability of relief under the Convention against Torture [text].
Ethiopian human rights practices have been strongly criticized lately. Last month a report [text, PDF; JURIST report ] from Human Rights Watch (HRW) [advocacy website] detailed atrocities committed by both the Ethiopian military and the ethnic Somali group the Ogaden National Liberation Front (ONLF) [official website], who are seeking independence for the Ogaden region. In October 2007, the US House of Representatives passed the Ethiopia Democracy and Accountability Act of 2007 (H.R. 2003) [text; JURIST Forum article], aimed in part at encouraging the human rights situation in Ethiopia, and the bill awaits a Senate vote. In July 2007, HRW accused Ethiopian troops of violating international humanitarian law [JURIST report] by burning homes and forcibly relocating civilians in Ogaden. In March 2007, HRW also accused Ethiopia of complicity with the US and Kenya in secretly detaining Somalis [JURIST report] accused of being Islamic militants. Ethiopia had admitted [JURIST report] in April 2007 that it detained terror suspects but denied that the detentions were secret.


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Friday, July 18, 2008 |

European Commission brings new antitrust charges against Intel
Devin Montgomery at 3:07 PM ET

[JURIST] The European Commission (EC) [official website] announced Thursday that it has filed additional antitrust charges against microprocessor manufacturer Intel [corporate website] for anti-competitive actions it has allegedly taken against rival Advanced Micro Devices (AMD) [corporate websites]. In a Supplementary Statement of Objections (SSO), the EC said that Intel had provided "substantial" rebates to one computer retailer on the condition that it only use Intel processors, and that it had both paid a computer manufacturer to delay selling AMD-based devices and offered the manufacturer similar exclusivity rebates. The EC announced [press release] that Intel has eight weeks to respond to the complaint:Each of the conducts outlined in the 26 July 2007 Statement of Objections and the SSO is provisionally considered to constitute an abuse of a dominant position in its own right. However, the Commission also considers at this stage of its analysis that all the types of conduct reinforce each other and are part of a single overall anti-competitive strategy aimed at excluding AMD or limiting its access to the market. In both the original July 2007 Statement of Objections [press release; JURIST report] and recent supplement, the EC's Directorate General for Competition [official website] alleges that Intel violated the Treaty of Rome's antitrust prohibitions [Article 82 backgrounder] by providing the large rebates to several computer manufacturers and retailers in order to push AMD out of the market. In a response to the complaint, Intel has denied that the rebates were designed to inhibit competition [press release]. AP has more.
Intel has recently been charged with a number of anti-competition violations around the world, with the most recent investigation [JURIST report] into its practices being initiated by the US Federal Trade Commission [official website] in June. Earlier that month, the Korean Fair Trade Commission (KFTC) [official website] levied nearly $26 million in fines [JURIST report] against Intel after a KFTC probe [JURIST report] found that the company had engaged in anti-competitive practices. In January, the state of New York opened an antitrust probe [JURIST report] into Intel's actions and AMD has also filed [JURIST report] a civil suit [complaint, PDF; Intel response] against the company.


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Tunisia court convicts five for alleged coup plot
Mike Rosen-Molina at 3:00 PM ET

A court in Tunisia [US State Department backgrounder] on Wednesday convicted five men, including two government officials, of involvement in a terror plot against the Tunisian government [official website, in French]. National security force officer Souhail Guezdah was sentenced to to nine years in prison, while deputy prison head Sami Belhaj Aissa received a four-year sentence. Three others received sentences ranging between four and nine years. The proceedings echoed the internationally-publicized 1987 trial [New York Times report] of dozens of Muslim fundamentalists accused of attempting to overthrow the Tunisian government using terrorist tactics. A defense lawyer promised to appeal the convictions, noting that about 1,000 people have been charged or sentenced under a 2003 anti-terror law [Amnesty backgrounder]. AP has more.
Last month, Amnesty International [advocacy website] released a report [text; press release] accusing Tunisia of committing wide-spread human rights abuses under overly-broad anti-terrorism legislation. Amnesty also criticized the US, as well as European and other Arab countries, for turning over terror suspects to Tunisian authorities [JURIST report] despite allegations of torture and other abuses. In February, the European Court of Human Rights ruled against the deportation [text] of a former Tunisian terrorism suspect, finding he would likely be subjected to torture [JURIST report] in violation of Article 3 of the European Convention on Human Rights [PDF text] if returned to Tunisia. In September 2007, Human Rights Watch released a report [text; press release] accusing Tunisian officials of mistreating two former Guantanamo detainees [JURIST report] after they were returned to the country.


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Former Nazi guards living in US may face trial abroad
Mike Rosen-Molina at 1:19 PM ET

[JURIST] Serbian prosecutors confirmed on Friday that they are gathering evidence for a case against an alleged World War II Nazi guard currently living in the United States. Peter Egner, 86, has admitted to serving in the Nazi-run Security Police and Security Service, a unit which is believed to have taken part in the killings of over 17,000 people in the area surrounding German-occupied Belgrade. On Tuesday, the US Department of Justice (DOJ) filed a complaint [PDF text; JURIST report] in the US District Court for the Western District of Washington [official website], seeking to revoke Egner's US citizenship. Egner became a US citizen in 1966 but failed to disclose his Nazi service on his citizenship application. The DOJ argued that he was ineligible for citizenship both because of his service and because he concealed that information on his application. AP has more.
Also Friday, the Spanish National Court granted a petition [JURIST report] by rights group Equipo Nizkor [advocacy website] to hear a case against four former Nazi officers for alleged war crimes committed during World War II. The suit was brought on behalf of a concentration camp survivor and families of three who died at the camp. Under Spanish law, the country's courts can exercise universal jurisdiction [HRW backgrounder] to try those suspected of genocide and other serious human rights offenses even if they occur abroad. The four named in the suit, Johann Leprich [DOJ press release; JURIST report], Anton Tittjung [AP report], Josias Kumpf [DOJ press release] and John Demjanjuk [JURIST news archive], are currently in the US under deportation orders. AP has more.


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Ashcroft: Justice Department followed law on interrogation methods
Devin Montgomery at 1:14 PM ET

[JURIST] Former US Attorney General John Ashcroft [official profile] testified [C-Span video, flash; prepared statement, PDF] before the House Judiciary Committee [official Website] Thursday, defending advice the Department of Justice ( DOJ) gave the Bush administration on the legality of certain interrogation methods used on terrorism suspects. Ashcroft had been called before the committee to testify on his involvement with 2002 and 2003 [PDF texts; JURIST report] so-called "torture memos" provided to the White House by the DOJ's Office of Legal Counsel (OLC) [official website]. Ashcroft said that the original rules adopted by the administration were too broad, but that they were later revised and were never intended as a way to circumvent constitutional or legal protections:The Administration’s continual— indeed, almost obsessive—quest for legal guidance and specific authorization for measures necessitated by the War on Terror is evidence of a government striving to keep within the limits of law, not one seeking to ignore or evade those limits. I make no claim that the Department’s analyses of the difficult legal questions that arose during my tenure as Attorney General— questions often at the edges of our law—were always flawless, nor that our conclusions were always free from doubt. No Administration can lay claim to such a feat; nor can the oft-divided Supreme Court, which reverses itself, from time to time, on issues of the greatest national importance. I can and do claim, however, that as Attorney General I sought to ensure that the legal advice provided by the Department adhered to the highest professional standards of quality and integrity. Ashcroft said that even in the face of national security demands, torture would not be justified and that to his knowledge had not been employed against the suspects. AP has more. The Washington Post has additional coverage.
Both Ashcroft and others who have testified before the Committee have stressed that the OLC only gave the White House legal advice, but did not determine policy. In June, Vice Presidential chief of staff David Addington [US News profile] and former DOJ lawyer John Yoo [New York Times profile] testified before the same committee [JURIST report], saying that Ashcroft was aware of the memoranda when they were written. The Committee had threatened to compel Ashcroft and others [JURIST reports] to testify on the memos earlier this year, but Ashcroft later volunteered to appear.


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Italy court denies Berlusconi request to remove judge in corruption trial
Mike Rosen-Molina at 12:42 PM ET

[JURIST] Italian Prime Minister Silvio Berlusconi [BBC profile; JURIST news archive] on Thursday was denied his request to replace the presiding judge at his ongoing corruption trial [JURIST report]. Berlusconi's legal team claimed [ANSA report] that judge Nicoletta Gandus was biased after she commented on laws passed by the previous Berlusconi government. They also argued that she had a vested interest in another trial involving Berlusconi because she previously owned shares of Berlusconi's broadcasting company, Mediaset [corporate website]. Berlusconi faces charges of corruption arising from his alleged payment of $600,000 to his former lawyer David Mills for favorable testimony at trials in the 1990s. DPA has more.
Last month, Gandus said that hearings in the case would continue [JURIST report] despite the request for her removal. Also last month, Berlusconi suggested that proposed changes to Italian law [PDF text, in Italian] designed to suspend older trials for nonviolent crimes would allow the country's judiciary to consider more important cases [Senate letter, in Italian] and would give the government time to introduce judicial reforms. The changes would protect high-ranking government officials from prosecution during their terms in office. Critics of the proposal have charged that the move is personally motivated since Berlusconi's trial would be among those suspended. Berlusconi has faced trial on at least six occasions involving charges of embezzlement, false accounting, tax fraud, money laundering, and giving false testimony [JURIST reports] involving Mediaset.


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ICC Chief Prosecutor considering additional case against Darfur rebels
Andrew Gilmore at 12:20 PM ET

[JURIST] International Criminal Court (ICC) Chief Prosecutor Luis Moreno-Ocampo [official profile] said Thursday that he will widen his investigation into war crimes in Sudan's Darfur region [JURIST news archive] to include attacks by rebel groups against African Union (AU) [official website] peacekeeping forces. Speaking at a press conference [UN News report] during celebrations for the tenth anniversary of the Rome Statute [PDF text], which created the ICC, Moreno-Ocampo said, "Any attack against peacekeepers is a crime under my jurisdiction." Moreno-Ocampo also indicated that his office is reviewing evidence related to such incidents, and now knows the identity of two rebel commanders who initiated the September 2007 attack on AU peacekeepers [NYT report] in the Darfur town of Haskanita. The New York Times has more. BBC News has additional coverage.
On Monday, Moreno-Ocampo applied for an arrest warrant [application, PDF; JURIST report] for Sudanese President Omar al-Bashir [BBC profile; JURIST news archive] on charges of genocide, crimes against humanity, and war crimes for atrocities committed in Darfur. The Sudanese government has already rejected the ICC's jurisdiction and has refused to surrender two previously-named war crimes suspects [JURIST report]. Hundreds of thousands of people have allegedly been killed in Darfur by Sudanese military and janjaweed [Slate backgrounder] militia forces. The investigation that resulted in Monday's charges, which involved more than 100 witnesses in 18 countries, led Moreno-Ocampo to state before the UN Security Council [official website] in June that “evidence shows that the commission of such crimes on such a scale, over a period of five years, and throughout Darfur, has required the sustained mobilization of the entire Sudanese state apparatus.” The Security Council has repeatedly called on Sudan to comply with the ICC investigation, but Sudan has refused to do so, calling Moreno-Ocampo a "terrorist" [JURIST reports] and suggesting that he should be removed from office.


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Federal judge refuses to delay Hamdan trial
Kiely Lewandowski at 12:19 PM ET

[JURIST] A US district court judge on Thursday rejected a bid [PDF text] to stay the trial of Guantanamo Bay detainee Salim Ahmed Hamdan [DOD materials; JURIST news archive], ruling that a civilian court should refrain from review until the military commission had issued a "final judgment." Hamdan's lawyers had argued [motion, PDF; memorandum, PDF] that the military trial should be postponed until the court rules on the jurisdiction and legality of Hamdan's military commission, but the Department of Justice responded [JURIST report] that Boumediene v. Bush [opinion, PDF; JURIST report] only gave detainees the right to challenge their detention, not to challenge their trials once they became defendants. In his written opinion released on Friday, Judge James Robertson explained:Hamdan's focus now is not on post-trial habeas, of course. What he seeks is pre-trial relief to avoid being subjected to a trial that, in his submission, will be unlawful. His claims of unlawfulness, however, are all claims that should or must be decided in the first instance by the Military Commission, and then raised before the DC Circuit, as necessary, on appeal. The Supreme Court's decision in Councilman requires federal courts to give "due respect to the autonomous military judicial system created by Congress." Councilman involved courtmartial proceedings against a US service member, to be sure, and not a military commission, but its central rationale is applicable here. Councilman requires the courts to respect the balance that Congress has struck in creating a military justice system, "a critical element of which is the Court of Military Appeals consisting of civilian judges completely removed from all military influence or persuasion." [citations omitted] Robertson also relied on the DC Circuit Court of Appeal's recent ruling [JURIST report] in Khadr v. United States [PDF text], where it was held that pursuant to the Military Commissions Act of 2006 (MCA) [text, PDF], all challenges raised to a military commission trial can be only be addressed after a final judgment is rendered. Hamdan's trial, the first war crimes trial at Guantanamo Bay, is set to begin Monday. AP has more.
Earlier this week, a military judge denied [JURIST report] Hamdan's motion to dismiss, holding that the military commission assigned to his trial has the appropriate jurisdiction to hear the case. The judge rejected [ruling, PDF] Hamdan's argument [motions, PDF] that because the charges of conspiracy and providing material support did not exist at the time Hamdan allegedly committed them, they violated the ex post facto clause of the US Constitution and Common Article 3 of the Geneva Convention [texts], and therefore could not be applied retroactively. The judge deferred to Congress' express declaration, made when passing the MCA, that it did not create "new crimes that did not exist before its enactment."


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Belgium king refuses to accept PM resignation
Mike Rosen-Molina at 12:06 PM ET

[JURIST] Belgian King Albert II [official website] declined to accept the resignation [press release, in Dutch] of Prime Minister Yves Leterme [personal website, in Dutch; JURIST report] on Thursday. Leterme submitted his resignation Monday night because of his coalition government's inability to successfully divide federal powers between the Flemish- and French-speaking communities. King Albert II also announced a commission, consisting of one German-speaking and two French-speaking senior politicians, tasked with facilitating talks on constitutional reform. The group will report on its progress at the end of July. AFP has more. BBC News has additional coverage.
Leterme had set a deadline of July 15 for the four-month-old coalition [founding text, PDF, in Dutch] to agree on constitutional reforms to grant increased autonomy to the two regions. Leterme said that the current federation system of Dutch government [official backgrounder] was incapable of solving the problem, since the wealthier Flemish region wanted even greater autonomy and the Francophone region maintained that the Flemish move was meant to completely separate itself from the rest of the country.


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Oil lobbyists convinced White House to drop environmental regulation plans
Mike Rosen-Molina at 11:15 AM ET

[JURIST] The Bush administration abandoned plans to impose Clean Air Act (CAA) [text] regulations on power plants and other stationary pollution sources after opposition from the oil industry, according to a report [PDF text; press release] released Friday by the House Select Committee on Global Warming [official website]. Based on interviews [transcript, PDF] with former EPA official Jason Burnett, the committee found that there was early widespread support within both the Environmental Protection Agency (EPA) [official website] and the Bush administration for extending the scope of existing environmental regulations, but that the White House reversed its approach after lobbying by oil companies:The oil industry argued against regulatory action, and had the support of the Office of Vice President Cheney. In developing its proposals to make a positive endangerment finding and to regulate the greenhouse gas emissions from both vehicles and stationary sources, EPA consulted with a wide range of environmental and industry stakeholders. Environmental stakeholders and, interestingly, some electric utility representatives, including the Edison Electric Institute (which represents the nation's major investor-owned utilities), agreed that it would be best for EPA to proceed with regulation of both vehicles and stationary sources using Clean Air Act authority. But others, including oil industry representatives from ExxonMobil, the American Petroleum Institute, and the National Petrochemicals and Refiners Association, adopted a "not on my watch" approach – arguing that such regulations would tarnish President Bush's conservative anti-regulatory legacy, and should be delayed until the next President took office. Those arguments were echoed, within the White House, by Vice President Cheney's energy adviser, F. Chase Hutto III.
Doing the oil industry's bidding, the Bush administration reversed course. After passage of the Energy Independence and Security Act in 2007, the arguments put forward by the oil industry representatives began to prevail in inter-agency and White House discussions on how to respond to the Massachusetts v. EPA decision. By March 2008, EPA announced that, instead of issuing proposals for a positive endangerment finding and regulations, it would move forward with a non-regulatory "Advance Notice of Proposed Rulemaking" (ANPR). By mid-April 2008, President Bush announced in a speech that "the Clean Air Act, the Endangered Species Act, and the National Environmental Policy Act were never meant to regulate global climate change," and went on to assert that Congress, not the Executive Branch, was responsible for deciding how to address greenhouse gas emissions. According to Burnett, the White House first instructed the EPA to begin preparing a greenhouse gas regulation plan in November 2007. In December, after the EPA had submitted its findings to the Office of Management and Budget (OMB), the administration ordered it to retract the report. EPA Administrator Stephen L. Johnson [official profile] reportedly refused to do so, and the OMB refused to review the EPA's report. The New York Times has more.
The move to regulate greenhouse gases under the CAA began after the US Supreme Court ruled in Massachusetts v. EPA [Duke Law case backgrounder; JURIST report] that the EPA has the authority under the Act to regulate automobiles' emission of "greenhouse gases" such as carbon dioxide. In April, 17 states filed a petition [PDF text; press release] in the US Court of Appeals for the DC Circuit seeking to compel the EPA to comply with the Supreme Court ruling. The plaintiffs alleged that the EPA had failed to issue any regulations for greenhouse gases and asked the court to order the agency to take action within 60 days. During March testimony [statement, PDF] before the Senate Appropriations Committee [official website], Stephen L. Johnson refused to disclose a timeline [JURIST report] for the agency's compliance with the Supreme Court ruling.


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Texas Governor: state not bound by ICJ ruling on execution of Mexican citizens
Kiely Lewandowski at 8:32 AM ET

[JURIST] Texas Governor Rick Perry [official website] said Thursday that Texas will go forward with the August 5 execution of a Mexican national despite an International Court of Justice (ICJ) [official website] order staying the execution [order and press release, PDF]. The ICJ ordered Wednesday that a mandated review be conducted to determine whether five Mexican nationals on death row in Texas were inappropriately denied the chance to speak with Mexican counselor officers in violation of the 1963 Vienna Convention on Consular Relations [PDF text]. The court held: The United States shall take all measures necessary to ensure that Jose Ernesto Medellin Rojas, Cesar Roberto Fierro Reyna, Ruben Ramirez Cardenas, Humberto Leal Garcia, and Roberto Moreno Ramos are not executed pending judgment on the Request for interpretation submitted by the United Mexican States, unless and until these five Mexican nationals receive review and reconsideration consistent with paragraphs 138 to 141 of the Court's Judgment delivered on 31 March 2004 in the case concerning Avena and Other Mexican Nationals (Mexico v. United States of America). Jose Medellin [ASIL backgrounder; JURIST news archive], had been scheduled to be executed [JURIST report] by the State of Texas on August 5. In its order, the ICJ explicitly stated: Texas has made clear that unless restrained, it will go forward with the execution without providing Mr. Medellin the mandated review and reconsideration and that such action by the Texas courts will thereby irreparably breach the United States obligations under the Avena judgment. Commenting on the order [Houston Chronicle report], Governor Perry's office stated:The world court [ICJ] has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court. It is easy to get caught up in discussions of international law and justice and treaties. It's very important to remember that these individuals are on death row for killing our citizens. The court said it will decide whether the US was under an obligation to grant the defendants access to the counselors, and ordered the US to report the actions it takes to comply with the order. AP has more. In March, the US Supreme Court ruled [JURIST report] that a 2005 memorandum [text] from President George W. Bush ordering states not to carry out the executions was invalid because he did not have the authority to direct state courts to comply with the ICJ's earlier order [ICJ materials]. Medellin was sentenced to death for raping and murdering two teenage girls in 1993.


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Thursday, July 17, 2008 |

Malaysia opposition leader denounces justice system upon leaving jail
Andrew Gilmore at 4:01 PM ET

[JURIST] Malaysian opposition leader Anwar Ibrahim [BBC profile; JURIST news archive] was released on bail Thursday, one day after being arrested [JURIST report] by Malaysian authorities investigating sodomy allegations [JURIST report] made against him by a former aide. According to a statement [Anwar blog post] posted Thursday, Anwar was told that he would be released immediately after undergoing DNA testing, but was instead held overnight. In his statement, Anwar indicated that he has no confidence in the Malaysian criminal system, and doubted the credibility of DNA evidence, saying "My accuser is still under police protection, and as such, any fabrication is possible if they take my DNA." The Star reports that at a Thursday afternoon press conference, Anwar demanded a copy of the police report [The Star report] filed by his accuser, and questioned why neither he nor his lawyers had been provided with the report. AFP has more. The New Straits Times has local coverage.
Anwar has claimed that the sodomy allegations leveled against him are politically motivated, and filed a lawsuit against his accuser [JURIST report] in late June. Under Malaysian law, sodomy is punishable by 20 years in prison regardless of consent. Anwar was Malaysia's Deputy Prime Minister under former Prime Minister Mahathir bin Mohamad [BBC profile] until he was fired in 1998 following earlier sodomy charges of which he was initially convicted but later acquitted. He only recently reentered Malaysian politics following the expiration of a ten-year ban [JURIST report] against him for unrelated corruption charges. Earlier this month the Federal Court of Malaysia ruled he could challenge the constitutionality [JURIST report] of his original dismissal from office.


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California court rejects challenge to same-sex marriage ballot initiative
Mike Rosen-Molina at 2:42 PM ET

[JURIST] The California Supreme Court Wednesday rejected [conference actions list, PDF] without comment a challenge [petition, PDF] seeking to remove a November ballot initiative that would ban same-sex marriage in the state. The petition, filed by Equality California, the National Center for Lesbian Rights, Lambda Legal and the American Civil Liberties Union [advocacy websites], argued that the amendment would deprive same-sex couples of fundamental rights. If approved by voters, the California Marriage Protection Act [ballot materials, PDF; proposition website] would amend the state constitution [text] to read, "Only marriage between a man and a woman is valid or recognized in California." The ballot initiative comes in reaction to a May 15 California Supreme Court decision [opinion, PDF; JURIST report] overturning a ban on same-sex marriage in the state. The San Francisco Chronicle has more.
The approval of the ballot initiative came after the Attorneys General of ten states submitted a brief [JURIST report] to the Supreme Court of California [official website], asking it to stay its decision until after the November elections. They asserted that allowing same-sex marriages would cause citizens in their own states to become "marriage tourists" in California, and their own state courts would then face unfair, extensive, and burdensome litigation on whether to recognize the marriages. A conservative advocacy group filed a similar petition [JURIST report] requesting a stay until November. In May, the California Office of Vital Records [official website] issued a memorandum [JURIST report] setting June 17 as the start day for issuing marriage licenses to same-sex couples. The court's May 15 decision stemmed from San Francisco Mayor Gavin Newsom's 2004 decision to issue marriage licenses to 4,000 same-sex couples [JURIST report].


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US House votes to prohibit contractors from interrogating detainees
Mike Rosen-Molina at 2:02 PM ET

[JURIST] The US House of Representatives Wednesday approved by voice vote a ban prohibiting the Central Intelligence Agency (CIA) [official website] from allowing private contractors to interrogate detainees. The ban is part of a bill [HR 5959 materials] authorizing intelligence expenditures for the 2009 fiscal year. US President George W. Bush has threatened to veto the legislation, objecting to provisions that would require the administration to disclose certain national security information to Congress and to appoint an inspector general for each of the 16 US intelligence agencies. Reuters has more.
In May, the US Senate Select Committee on Intelligence [official website] approved [JURIST report] a similar measure intended to prevent intelligence agencies from holding "ghost detainees" [JURIST news archive], prisoners who are held in secret without record or communication. That bill also contains a provision that restricts CIA interrogators [JURIST report] to techniques included in the 2006 Army Field Manual on Human Intelligence Collector Operations [PDF text; press release]. In March, Bush vetoed [JURIST report] the Intelligence Authorization Act of 2008 [HR 2082 materials], which included a similar provision limiting CIA interrogators to interrogation techniques explicitly authorized by the 2006 Army Field Manual, and an attempt to override the veto failed [JURIST report].


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Sweden legal group files challenge to wiretapping law with ECHR
Mike Rosen-Molina at 1:05 PM ET

[JURIST] A Swedish legal organization Monday filed a complaint [PDF text] with the European Court of Human Rights [official website], challenging a controversial warrantless wiretapping law [draft text, in Swedish] passed [JURIST report] by the Swedish parliament last month. The law gives Sweden's National Defence Radio Establishment [official website] broad authority to monitor international telephone and electronic communications passing through the country. The Centrum för Rättvisa (CFR) [advocacy website] argues that the law could violate the right to privacy enshrined in Article 8 of the European Convention on Human Rights [text], noting that the ECHR has recently struck down [ECHR judgment, PDF] a similar UK eavesdropping law.
The Swedish law, which had been initially rejected by parliament [JURIST report], passed by a narrow 143-138 margin after last-minute changes made by lawmakers. The changes included a provision for independent oversight of the program, but critics say the law still does not do enough to protect privacy interests. Opposition party members say the program could also be used to intercept domestic communications [press release, in Swedish], and the International Federation of Journalists argued it could compromise source anonymity [press release]. Millions of Swedish citizens have filed electronic petitions [sample petitions, in Swedish; JURIST report] against the law, which will take effect in January 2009.


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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.
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