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Thursday, May 08, 2008

Federal judge orders handover of CIA 'torture' memo
Bernard Hibbitts at 8:55 PM ET

[JURIST] A US federal judge Thursday directed the CIA [order, PDF] to produce a 2002 US Department of Justice memo that the American Civil Liberties Union (ACLU) claims authorized the agency to use specific torture techniques - including waterboarding [JURIST news archive] - on US detainees held abroad. The memo prepared by the DOJ Office of Legal Counsel (OLC) [official website] has been described by the ACLU as "one of the most important torture documents still being withheld by the Bush administration." Judge Alvin Hellerstein said in his order that he required production of the document before determining whether it could be made public as part of an ongoing lawsuit [background materials] brought by the ACLU and other rights groups under the Freedom of Information Act for records concerning the treatment of prisoners in US custody abroad. Reuters has more.

In a statement on the order, the ACLU said that for almost four years it had been challenging the government's assertion that the OLC memo could not be released because of attorney-client privilege, arguing that the privilege does not apply to a legal memo that the CIA adopted as a matter of policy. Hellerstein ruled for the government in a January hearing, but on the ACLU's motion "reconsidered his decision after senior officials publicly acknowledged that the CIA had waterboarded three prisoners and after Attorney General Michael Mukasey stated to Congress that the CIA's interrogation program had been authorized by the OLC."

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Egypt court fines newspaper editor for reporting on labor dispute
Mike Rosen-Molina at 5:03 PM ET

[JURIST] An Egyptian court Thursday ordered the editor of independent newspaper al-Badeel to pay a $2,000 fine for publishing an article about labor disputes in the state-owned Middle East News Agency [media website, in Arabic]. Mohammed Sayyed was convicted of libel, and also ordered to pay $1,000 in compensation to the chief of the news agency. AP has more.

In recent months, Egypt's independent media have been the target of multiple lawsuits for reporting on sensitive issues. Last month, the former editor of weekly newspaper al-Dustour [media website, in Arabic] was sentenced to six months in prison [JURIST report] after being convicted on charges of spreading "rumors" about the health of Egyptian President Hosny Mubarak [official profile] in an August newspaper report. Last year, two journalists were convicted in absentia of libel [JURIST report] for writing a story about an illegal land transaction from the Ministry of Religious Endowments at a secret auction. Under Egyptian law, citizens may file lawsuits against individuals who make statements that harm society, and the accused can face criminal punishment if found guilty. Mubarak has previously pledged to decriminalize press offenses [JURIST report] in Egypt, but has yet to do so.

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Australia military investigating Taliban detainee 'mistreatment' claims
Abigail Salisbury at 4:32 PM ET

[JURIST] The Australian Defence Force [official website] is investigating claims by four Taliban members detained following the death of an Australian soldier in Afghanistan that they were mistreated during their time in custody, Australian media reported Thursday. The allegations were reported by a senior Afghan commander who spoke of "mistreatment" of prisoners by Australian troops. ABC Australia has more.

Australia currently has slightly over 1000 troops committed to the NATO-led International Security Assistance Force [official website] under its Operation Slipper [official backgrounder]. Earlier this week the Melbourne Age reported other complaints by one-time Australian and Dutch detainees that they were beaten after being handed over to local Afghan security forces. Similar claims have dogged the Canadian military [JURIST news archive], which subsequently renegotiated its prisoner transfer agreement with Afghan authorities. In a May 2 statement, Stephen Smith, Australian Minister for Foreign Affairs, denounced torture and announced the steps Australia is taking to accede to the UN Optional Protocol to the Convention Against Torture [text], previously rejected by the government of Prime Minister John Howard.

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Vietnam to prosecute anti-Communist activists for 'terrorism'
Mike Rosen-Molina at 3:48 PM ET

[JURIST] Vietnam will prosecute two anti-Communist activists on "terrorism" charges for distributing literature critical of the government, a government spokesperson said Thursday. The men are members of US-based rights group Viet Tan [advocacy website, in Vietnamese], which has denied that it endorses anti-government violence and has said that the men were calling for peaceful democratic change. Reuters has more.

The Communist Party of Vietnam [party website] has continuously rejected calls for to allow opposition parties, but pro-democracy groups in Vietnam have increasingly begun to work together to press democratic reforms and more respect for human rights, although their success has been limited. In May 2007 two Vietnamese human rights lawyers were sentenced for violating Article 88 of the Vietnamese criminal code [JURIST report] by advocating that Vietnam adopt a multi-party system of government. In 2006, the US and Vietnam ended a three-year suspension of talks [JURIST report] regarding human rights and religious freedoms [HRW backgrounder] in the country, which began when the US canceled the annual Human Rights Dialogue with the Government of Vietnam in 2003 due what it said was lack of progress on the issues.

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Latvia, Lithuania approve EU Lisbon Treaty
Abigail Salisbury at 3:22 PM ET

[JURIST] The parliaments of Latvia and Lithuania Thursday adopted the new EU reform treaty [JURIST news archive], properly known as the Treaty of Lisbon [PDF text; official website], bringing the total number of ratifying nations to 13. All 27 EU countries must approve the Treaty before it takes effect; most ratifications are expected to be parliamentary, although Ireland plans to hold a referendum. BBC News has more.

Designed to replace the failed EU constitution [JURIST news archive], which fell far short of unanimous approval among all EU states, the Lisbon Treaty [BBC Q/A] incorporates some elements of the earlier charter. It changes several aspects of the current European governance system in an effort to improve effectiveness and decrease response time on critical issues. Two new posts will be created for a European Council President and a foreign affairs representative. The European Court of Justice will receive broadened powers.

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Turkish president signs amendment limiting controversial state slander law
Mike Rosen-Molina at 3:13 PM ET

[JURIST] Turkish President Abdullah Gul Wednesday signed an amendment into law restricting the controversial Article 301 [Amnesty backgrounder; JURIST news archive] of the country's penal code [text, in Turkish], which makes "insulting the Turkish identity" a crime. The amendment recharacterizes the crime of "insulting the Turkish identity" as insulting the "Turkish nation," reduces the maximum possible punishment from three years to two years in prison, and requires the approval of the justice minister for any Article 301 prosecution. The Grand National Assembly of Turkey [official website, in Turkish] approved the amendment [JURIST report] last month.

Many prominent Turkish journalists, authors, and academics have been tried for insulting "Turkishness" [JURIST report] under Article 301. Critics have accused Turkey of using the law to silence government critics, making it a major stumbling block [JURIST report] to Turkey's accession to the European Union. AFP has more.

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EU parliament approves mandatory registry of lobbyists
Steve Czajkowski at 3:03 PM ET

[JURIST] The European Parliament [official website] Thursday approved [press release] a report [PDF text] calling for a mandatory registry of lobbyists seeking access to EU lawmakers [CorpWatch backgrounder]. The measure was passed 547-24, with 59 abstaining. The Parliament also supported a "one-stop-shop" proposal, which would allow lobbyists to register once to gain access to Parliament, the European Commission, and the European Council [official websites], but that vote was only binding for the Parliament.

The three EU institutions intend to establish a common list of lobbyists, which the EU Parliament hopes to be ready in time for European elections in 2009. The Parliament currently maintains a voluntary registry. AP has more.

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Malaysia Islamic court allows reconversion from Islam
Mike Rosen-Molina at 2:59 PM ET

[JURIST] An Islamic court in Malaysia [JURIST news archive] ruled Thursday that a Buddhist woman who converted to Islam should be allowed to return to her original faith. The ruling is unusual in Malaysia, which has both secular and Sharia courts; Sharia courts rarely allow converts to renounce Islam, a fact which has led to tensions with the country's minority religions. Religious rights groups hailed the decision as a landmark ruling for interfaith relations. AP has more.

Last year, Malaysia's Federal Court rejected an appeal [JURIST report] by a woman who sought to change her religious affiliation on her government registration card from Islam to Christianity. Approximately 58 percent of Malaysia's population of 26 million are ethnic Malays, generally Muslims who fall under the jurisdiction of the Sharia courts. The remaining 40 percent of the population are mainly ethnic Chinese, indigenous, or Indian, and are generally Buddhist, Christian, Hindu, or Taoist/Confucian falling under the jurisdiction of civil courts. The Malaysian constitution [text] has been interpreted to regard all ethnic Malays as Muslim, because Islam is considered to be an intrinsic component of the ethnic identity. Malaysia is officially a secular state, but it recognizes Islam as the official religion.

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FBI withdraws national security letter in Internet library settlement
Mike Rosen-Molina at 1:31 PM ET

[JURIST] The FBI has withdrawn a National Security Letter (NSL) [CRS backgrounder, PDF; FBI backgrounder] issued against an Internet library website in a settlement [ACLU press release; Internet Archive statement; EFF press release] announced Wednesday. The FBI had issued the NSL to the Internet Archive [archive website], seeking personal information about a particular publicly-unnamed site user; the Archive, the American Civil Liberties Union and the Electronic Frontier Foundation [advocacy websites] subsequently filed a lawsuit challenging the NSL. Under the settlement, the FBI has lifted a gag order preventing the groups from speaking about the NSL and agreed to the unsealing of certain related documents [materials].

This was the first publicly reported challenge to an NSL served on a library since Congress approved changes in the Patriot Act [JURIST report] in 2006 restricting the FBI's power to demand library records. KTVU in San Francisco has more.

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Germany constitutional court rules pre-Iraq war flight missions unconstitutional
Steve Czajkowski at 1:14 PM ET

[JURIST] Germany's Federal Constitutional Court [official website, in German] Wednesday ruled [judgment, in German; press release, in German] that German surveillance flights over Turkey conducted in 2003 during the lead-up to the Iraq War were unconstitutional. The court held that the flights equated to "armed deployment," and thus needed to first be approved by the German Bundestag [official website], the lower house of the German parliament. Former Chancellor Gherhard Schroeder's government had said that the flights were a routine NATO operation which did not require parliamentary approval.

The Bundestag has granted approval for recent German military missions around the world, including Afghanistan, Bosnia, Kosovo and the Horn of Africa. Germany has also assisted in training Iraqi security forces, but not on Iraqi soil. Deutsche Welle has more. Xinhua has additional coverage.

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Pakistan committee on restoring ousted judges completes draft resolution
Mike Rosen-Molina at 1:03 PM ET

[JURIST] A panel convened last week by Pakistan's coalition government has completed a draft parliamentary resolution to reinstate judges ousted by Pakistani President Pervez Musharraf last year, Pakistani Law Minister Farooq Naek said late Wednesday. The resolution now goes to the top leadership of the Pakistan People's Party (PPP) and Pakistan Muslim League-Nawaz (PML-N) [party websites] for approval before being submitted to the Pakistani parliament. Details about the draft were not released, although Naek did say that panel members had disagreed on how the resolution should be implemented if passed.

On Monday, retired Justice Fakhruddin Ibrahim quit the drafting panel [JURIST report], citing the "non-serious attitude" of fellow panel members and "unconstitutional" efforts by the PPP to retain judges who had endorsed Musharraf's declaration of emergency [JURIST report] last year. Former Pakistani Prime Minister Nawaz Sharif has said that the judges would be restored May 12 [JURIST report], but Pakistani legal experts are skeptical that the parties can reach agreement by that time.

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Bangladesh ex-PM Hasina charged with corruption for alleged kickback scheme
Mike Rosen-Molina at 12:39 PM ET

[JURIST] A Bangladeshi court Wednesday formally charged former Bangladeshi Prime Minister Sheikh Hasina Wajed [party profile; JURIST news archive] with corruption under the recommendation of the country's Anti-Corruption Commission (ACC) [governing statute]. Hasina and eight other people are accused of involvement in an kickback scheme that awarded lucrative gas contracts to Canadian oil company Niko Resources Ltd [corporate website]. The charges came a day after the Bangladesh Supreme Court ruled that proceedings brought against Hasina for corruption and extortion under Bangladesh's Emergency Power Regulations (EPR) were valid in respect of offences allegedly committed before the EPR came into effect [Daily Star report]. On Tuesday, formal corruption charges were filed against former Bangladeshi Prime Minister Begum Khaleda Zia [UN profile; JURIST report] in a related case. AP has more.

Bangladesh's current anti-corruption crackdown began last February as eight former Bangladeshi ministers were accused of corruption [JURIST report] and 13 other former ministers and senior politicians were arrested in raids on their homes [JURIST report] after Bangladeshi President Iajuddin Ahmed declared a state of emergency [JURIST report] in the country and canceled a scheduled national election. In March of this year, Hasina appeared in court to face charges [JURIST reports] that she received approximately $440,000 in illegal kickbacks on a power-plant deal while in office between 1996 and 2001; she faces up to 14 years in jail if convicted in that case.

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Maryland appeals court rules Islamic divorce practice constitutionally invalid
Steve Czajkowski at 12:13 PM ET

[JURIST] The Maryland Court of Appeals has ruled [opinion, text] that the Islamic talaq [IRFI backgrounder], a controversial practice under which a husband can divorce his wife without her say, violates the state constitution [text] and therefore does not constitute a valid form of divorce in Maryland. The Court held Tuesday that talaq was against Maryland constitutional provisions granting equal rights to men and women, finding that:

Talaq lacks any significant "due process" for the wife, and its use moreover, directly deprives the wife of the "due process" she is entitled to when she initiates divorce litigation in this State. The lack and deprivation of due process is itself contrary to this State's public policy.

The judgment affirms a 2007 ruling [text] by the Maryland Court of Special Appeals [official website] that held talaq to be invalid in Maryland.

After his wife filed for divorce in 2003 and before the legal process was complete, Irfan Aleem went to the Pakistani Embassy in Washington DC and invoked talaq, effectively an attempt to turn jurisdiction over to a court in Pakistan. He was later granted a divorce by the Pakistani court, but Tuesday's ruling found that divorce invalid. The Washington Post has more. The Baltimore Sun has local coverage.

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Federal appeals court rules BP plea bargain in blast case violated rights of victims
Abigail Salisbury at 12:13 PM ET

[JURIST] The US Fifth Circuit Court of Appeals ruled [PDF text] Wednesday that the plea agreement made by BP [corporate website] following a 2005 explosion at a Texas City refinery must be sent back to the US district court in Houston for reconsideration. The accident killed 15 and injured 180, but secret negotiations for a plea agreement were conducted without input from the surviving victims. The clandestine nature of the proceedings was originally approved by a federal judge so that a jury would not be prejudiced against BP if the issue went to trial. Reuters has more.

The victims claimed [PDF reply memorandum] the plea was in violation of the 2004 Crime Victims Rights Act [text; DOJ backgrounder], although the lower court ruled that it complied with the law. The negotiated plea is binding, meaning the judge has no discretion in sentencing if it is upheld. BP currently faces litigation [JURIST news report] and an ongoing Congressional investigation [Anchorage Daily News report] over oil spills in Alaska.

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Guantanamo ex-detainee was Iraq suicide bomber: US military
Mike Rosen-Molina at 12:09 PM ET

[JURIST] One of the bombers involved in a series of suicide attacks in Mosul, Iraq, in April was a former detainee held at Guantanamo Bay [JURIST news archive], the US military said Wednesday. Kuwaiti Abdullah Salim Ali al-Ajmi was detained in Afghanistan before being transferred to Guantanamo for three years; he was released to Kuwait in 2005. Kuwaiti media say that al-Ajmi and another Kuwaiti, both supposedly under surveillance by the country's Interior Ministry, had secretly crossed the border into Iraq [Arab Times report] in early April using false passports. Al-Ajmi's former lawyer said that he may have become radicalized after his experiences at Guantanamo, but the US military said that he already had terror connections before he was detained.

A military spokesman said that Ajmi was one of up to 36 former Guantanamo detainees who are believed to have resumed fighting against the US. The New York Times has more. AP has additional coverage.

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Michigan Supreme Court rules against same-sex partner benefits
Abigail Salisbury at 11:07 AM ET

[JURIST] The Michigan Supreme Court ruled [PDF text] Wednesday that governments and universities may not provide health benefits for same-sex partners of their employees. The 5-2 ruling interpreted a 2004 state constitutional amendment banning same-sex marriage [text] to mean that same-sex couples are to be denied any of the benefits of marriage as well. The suit [background materials] involved 21 families represented by the ACLU of Michigan.

The case, National Pride at Work v. Granholm, attracted the attention of gay-rights activists [GLAAD press release] who urged people to attend last November's oral arguments. Proponents of the constitutional amendment see the decision as a victory [TMLC press release]. AP has more.

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