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Saturday, February 03, 2007

UN Congo mission chief concerned about growing rights breaches by Congo troops
Bernard Hibbitts at 5:07 PM ET

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[JURIST] The head of the UN Mission to the Democratic Republic of the Congo (MONUC) [official website] expressed concern Saturday about increased human rights violations by security forces in the Democratic Republic of Congo [JURIST news archive], particularly those in the remote eastern portions of the country. MONUC Chief of Mission William Swing [official profile] told Reuters in an interview that it would become increasingly difficult to cooperate with the Congolese army if the abuses continued.

The UN Security Council established MONUC to facilitate the implementation of the 1999 Lusaka Accord that ended a bloody civil war in the Congo [GlobalSecurity backgrounder] that had drawn in seven other African nations. Congolese soldiers and UN peacekeepers attached to MONUC deployed [Reuters report; UN Mission press release] to the western Congolese province of Bas-Congo after political protests following a gubernatorial election there on Friday left at least 77 people dead. Reuters has more.



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Bush signs bill to increase page program supervision after Foley scandal
Bernard Hibbitts at 3:54 PM ET

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[JURIST] US President George W. Bush signed a bill [text; summary] Friday to help monitor US congressional pages [program backgrounder, PDF] by expanding the supervisory House Page Board to include a former page and a current or former page's parent. Reps. Dale Kildee, (D-MI), the new board chairman, and Shelley Moore Capito,(R-WV), co-sponsored the bill in response to the 2006 scandal involving improper e-mail correspondence between former Rep. Mark Foley (R-FL) [Congressional profile] and a former congressional page from Louisiana. AP has more.

Foley resigned from Congress after the messages became public last September, spurring former House Speaker Dennis Hastert [official website] to call on the DOJ [JURIST report] to launch a formal investigation. In December, the US House Committee on Standards of Official Conduct [official website] concluded that Republican leaders failed to protect young pages [JURIST report] from inappropriate communications and Hastert most likely received at least two emails detailing Foley's abuses, but did not act on the claims for fear of creating scandal.



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ICC names Brazilian judge for Congolese militia leader's war crimes trial
Bernard Hibbitts at 3:28 PM ET

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[JURIST] The International Criminal Court (ICC) [official website] announced [text, PDF] Friday that Judge Sylvia Steiner [ICC profile], a Brazilian, will try Congolese militia leader Thomas Lubanga's war crimes case [ICC press release; JURIST report]. The ICC appointed one judge rather than the alternative choice of three to "ensure the proper and efficient functioning of the Chamber." Steiner was previously a judge of Brazil's Federal Court of Appeal.

As founder of the militant Union of Patriotic Congolese [GlobalSecurity backgrounder], Lubanga is accused [indictment, PDF; case materials] of enlisting child soldiers [BBC report] in the Democratic Republic of Congo's violence-plagued Ituri district [HRW backgrounder]. The ICC ruled earlier this week that Lubanga would go forward to face trial [JURIST report], the first ICC defendant to do so.



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UN rights experts call for global ban on racial profiling
Bernard Hibbitts at 12:35 PM ET

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[JURIST] The UN Working Group of Experts on People of Africa Descent [official website] Friday called for a global ban on racial profiling [JURIST news archive] at the conclusion of its annual 5-day session [background materials]. The group urged "states to clearly define and adopt explicit legislative provisions banning racial profiling," a practice which European expert Joe Frans described as being "widespread, yet remains little documented and not clearly prohibited under European law." The group found that "systematic and historic targeting" of persons of African descent contributes to the stigmatization and stereotype "of persons of African descent as having a propensity to criminality." The group also noted a greater reliance on racial profiling following the September 11 suicide attacks on the United States. The working group stated [text, PDF] that "the explicit targeting of specific groups by law enforcement officials violates a number of provisions" of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) [text]. The group also described racial profiling as "a new term for an old practice [formerly known as] institutional racism and discrimination."

The Working Group of Experts on People of African Descent was established by the United Nations High Commissioner on Human Rights [official website] in 2002 following the 2001 World Conference Against Racism to study and address issues concerning the well-being of people of African descent. Civil rights groups in the US have recently been pushing Democratic lawmakers [JURIST report] to reconsider a bill banning racial profiling by any US federal, state or local government entity. Reuters has more.



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Swiss court extends physician-assisted suicide to incurable mental patients
Bernard Hibbitts at 12:31 PM ET

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[JURIST] The Federal Supreme Court of Switzerland [official website, in German] ruled Friday that people with serious mental illnesses may be permitted to commit physician-assisted suicide under certain conditions. The decision recognized "that an incurable, permanent, serious mental disorder can cause similar suffering as a physical [disorder]" and extended Switzerland's current physician-assisted suicide for the terminally ill for such patients. Patients suffering from serious mental illnesses will be required to demonstrate that the desire is not the "expression of a curable, psychiatric disorder" but a "well-considered and permanent decision" based on rational judgment. Basler Zeitung has local coverage [in German].

Netherlands legalized euthanasia [JURIST news archive; BBC report] in 2001 and Belgium in 2002. Under Article 115 [text, in German] of the Swiss penal code, assisting another in suicide is not criminal unless the assistance was rendered with a "selfish" motive. AP has more.



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US Marine paralegal accused of false statement after Guantanamo abuse claim
Bernard Hibbitts at 11:48 AM ET

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[JURIST] Lt. Col. Colby Vokey, the US Marine defense coordinator for the western US, told the Associated Press Friday that his paralegal, Sgt. Heather Cerveny, has been accused of having made a false statement by Army Col. Richard Basset. Bassett was ordered to investigate alleged abuses of detainees [JURIST report] at Guantanamo Bay [JURIST news archive] after Cerveny provided a two-page sworn statement [PDF] last October claiming she conversed with a group of off-duty Marines who bragged of beating and abusing detainees.

Cerveny said the Marines identified themselves as guards, and led her to believe that the mistreatment - including the arbitrary denial of privileges, physically striking detainees, and depriving the detainees of hydration - was common practice and laughed at stories of how prisoners had been handled. Basset submitted his report [AP report] in December but it has not been made public. AP has more.



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US re-charging Guantanamo detainees Hicks, Khadr, Hamdan
Bernard Hibbitts at 11:44 AM ET

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[JURIST] The US military announced Friday it has drafted new charges against three high-profile Guantanamo Bay [JURIST news archive] detainees. Col. Morris Davis (USAF) [official profile, PDF], chief prosecutor for the Department of Defense Office of Military Commissions, said that the new charges against Australian David Hicks [JURIST news archive; 2004 charges, PDF], Canadian Omar Khadr [Trial Watch profile; JURIST news archive; 2004 charges, PDF], and Yemeni Salim Ahmed Hamdan [Trial Watch profile; JURIST news archive; 2004 charges, PDF] included murder, attempted murder, conspiracy and providing material support for terrorists under the Military Commissions Act of 2006 (MCA) [PDF text; CRS summary; JURIST news archive]. The original charges against the three had to be dropped after the US Supreme Court ruled the original military commissions system established by President Bush unconstitutional without Congressional authorization [JURIST report].

The new charges will not be considered formal until they are approved, which Davis said is expected to take an additional two weeks. With regard to Hicks, who faces charges for attempted murder, Davis told the Melbourne Age that he did not intend to "argue for [the maximum penalty of a] life sentence". AP has more. The Age has local coverage from Australia on the Hicks charges. The Toronto Globe & Mail has local coverage on the charges against Omar Khadr. Reuters has additional coverage.



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Texas governor signs first US order mandating cervical cancer vaccinations for girls
Bernard Hibbitts at 10:47 AM ET

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[JURIST] The governor of Texas [JURIST news archive] signed an executive order Friday making that state the first to require that girls be vaccinated for human papilloma virus (HPV) [US CDC fact sheet], which is the primary cause of cervical cancer. Gov. Rick Perry's order [text], which directs the state Department of Health and Human Services [official website] to promulgate rules mandating the vaccinations for girls entering the sixth grade next year, takes the issue out of the hands of the Texas Legislature [official website], where such a proposal faced strong opposition [Houston Chronicle report]. "The HPV vaccine provides us with an incredible opportunity to effectively target and prevent cervical cancer," Perry said in a press release [text]. "Requiring young girls to get vaccinated before they come into contact with HPV is responsible health and fiscal policy that has the potential to significantly reduce cases of cervical cancer and mitigate future medical costs." To address concerns about the vaccine's cost - more than $360 for a series of three injections - the executive order makes it available through the subsidized Texas Vaccines For Children program [official website; TVFC memo] and through Medicaid. Finally, the executive order authorizes the Department of State Health Services [official website] to modify the process for parents to opt their children out of mandatory vaccinations. Parents will be allowed to submit "conscientious objection" affidavits [TX Dep't of Health news release] online rather than on paper. The Dallas Morning News has more. The Houston Chronicle has additional coverage.

Legislatures in nearly a dozen other states are considering whether to mandate HPV vaccinations. Among them are Arkansas, California, Colorado, Indiana, Kansas, Kentucky, Virginia, West Virginia and Wisconsin [media reports]. In Maryland, a lawmaker who introduced such a bill withdrew it [Baltimore Sun report] this past week, saying the "timing is just not right." A legislator in Michigan is re-introducing such a bill [Grand Rapids Press report] that was defeated last year. Additionally, lawmakers in New Jersey and Pennsylvania either have introduced or plan to introduce bills that would require insurers to pay for the HPV vaccine [Courier-Post report; Pittsburgh Post-Gazette report].

The vaccination proposals are controversial because of the sexually transmitted nature of HPV. It is the most common sexually transmitted infection in the United States, affecting some 20 million people at any time. In January, the American Cancer Society recommended routine HPV vaccination [article text] for girls 11 to 12 years old. While also recommending vaccination for girls 13 to 19, the Society found insufficient evidence to support routine vaccination for women as old as 26.

This report was prepared in partnership with the Pittsburgh Journal of Environmental and Public Health Law.



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Friday, February 02, 2007

Stimson resigns in aftermath of Guantanamo representation slurs
Bernard Hibbitts at 4:58 PM ET

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[JURIST] US Defense Department Deputy Assistant Secretary for Detainee Affairs Charles "Cully" Stimson [JURIST news archive] resigned Friday in the aftermath of a backlash to remarks [JURIST report] he made in a radio interview [recorded audio] last month criticizing lawyers at top US law firms for representing Guantanamo detainees pro bono. A Defense Department spokesman said Stimson was not asked to leave, but decided to resign after determining that his comments had permanently damaged his ability to be effective. Despite Stimson's later apology for his comments [JURIST report], criticism of them persisted, with the Bar Association of San Francisco [association website] asking the State Bar of California [official website] last week to investigate Stimson for ethics violations [press release].

Stimson’s remarks included a prediction that "when corporate CEOs see that those firms are representing the very terrorists who hit their bottom line in 2001 those CEOs are going to make those law firms choose between representing terrorists or representing reputable firms." Companies including Boston Scientific, General Electric, and Verizon [corporate websites] nonetheless issued statements [Boston Globe report] supporting the decisions of the law firms they worked with to defend Guantanamo detainees, many of whom have been imprisoned for over six years. Stimson also insinuated that some attorneys were not being truthful about representing the detainees pro bono, and were instead possibly receiving money from terror supporters. AP has more.



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Federal judge allows Katrina flooding case against Army Corps of Engineers
Jeannie Shawl at 3:42 PM ET

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[JURIST] A federal judge ruled [PDF text] Friday that the US Army Corps of Engineers [official website] can be sued by victims of Hurricane Katrina [JURIST news archive] flood damage who allege the Corps ignored warnings that the Mississippi River-Gulf Outlet (MRGO) [Wikipedia backgrounder] contained defects that exacerbated the flooding. In his opinion denying the Corps' motion to dismiss, Judge Stanwood R. Duval Jr. [official profile] of the US Eastern District of Louisiana [official website; Katrina canal breach materials] said he would allow the suit to continue because it wasn't clear that the government had immunity, which it would have if the MRGO were a flood control project, but it may not if it were a "navigable waterway."

Three months before Hurricane Katrina struck New Orleans, an expert at the LSU Hurricane Center [official website] predicted that the MRGO could amplify storm surges by 20-40 percent. After Katrina, the center determined through computer modeling that the presence of the MRGO also increased the speed of the surge, causing an even greater detrimental effect [Washington Post report]. AP has more.



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UN human rights chief wary of Afghan war crimes amnesty
Jeannie Shawl at 1:53 PM ET

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[JURIST] UN High Commissioner for Human Rights Louise Arbour [official profile; JURIST profile] on Friday criticized [press release] the amnesty resolution [JURIST report] adopted by the Afghan parliament Thursday. The resolution, part of a national reconciliation effort, extends official pardons to warlords and alleged war criminals. It stands in stark contrast to the Action Plan on Peace, Reconciliation and Justice [text] announced by Afghan president Hamid Karzai [BBC profile; JURIST news archive] in December, which provides no amnesty for such criminals and calls for an end to the country's "culture of impunity."

Arbour expressed concern over the measure, saying that national reconciliation must uphold legal and international human rights standards in order to be effective:
The engagement of Parliament in the national reconciliation process is crucial. At the same time, however,those responsible for serious human rights violations must be brought to justice. This is vital both for this and future generations. Experience has shown time and again that effective and durable national reconciliation must be based on respect for international human rights standards and the rule of law, and must not come at their expense
AP has more. The UN News Service has additional coverage.



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Leahy, Specter pressing administration on Arar rendition
Bernard Hibbitts at 1:30 PM ET

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[JURIST] US Sen. Patrick Leahy (D-VT) [official website], chair of the Senate Judiciary Committee said Thursday that he intends to ask [recorded video] the Government Accountability Office [official website] to look into why Canadian citizen Maher Arar [advocacy website; JURIST news archive] remains on the US terror watch list. Leahy and Sen. Arlen Specter (R-PA) [official website], former committee chairman and current ranking Republican, met with US Justice Department officials this week hoping to determine why Arar was taken by the US to Syria, where he claims to have been tortured, instead of to his home country of Canada, but Leahy and Specter said Thursday that the meeting failed to convince them that Arar's deportation was justified. The Bush administration has continuously defended [JURIST report] its decision to deport Arar, and refuses to remove Arar from its terror watch list.

Arar, a 34 year old Syrian-born Canadian who moved to Canada with his parents when he was 17, was detained in 2002 by US authorities while on a stopover at JFK airport when returning to Canada from Tunisia. He was subsequently transferred to Syria, where he was imprisoned and tortured. Last week the Canadian government officially apologized for its role in the US deportation, and announced a settlement [JURIST report] with Arar of $10.5 million (CAD) compensation for pain and suffering plus legal fees. The final report [text, PDF] of the Arar Commission [official website], the Canadian judicial inquiry into the incident, found that the US decision to deport Arar was "very likely" based on inaccurate, unfair and overstated information [JURIST report] about him passed on by the RCMP [official website], Canada's federal police force. The Commissioner of the RCMP later resigned over the incident. The Toronto Star has more. Canada's Globe and Mail has additional coverage.



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Michigan appeals court rules against same-sex benefits
Jeannie Shawl at 1:28 PM ET

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[JURIST] The Michigan Court of Appeals [official website] has ruled [opinion text, PDF] that an amendment to the state constitution [PDF text] defining marriage as between a man and a woman also prohibits Michigan public employers from offering benefits, such as health insurance, to same-sex partners of homosexual employees. The appeals court overturned a lower court decision [PDF text] finding no conflict between the 2004 amendment [PDF text; DFP coverage] and providing the benefits.

In its ruling Thursday, the court wrote:
It is undisputed that under the marriage amendment, heterosexual couples that have not married also may not obtain employment benefits as a couple on the basis of an agreement "recognized as a marriage or similar union for any purpose. . . ." [T]he amendment is grounded in the longstanding and legitimate governmental interest in favoring the institution of marriage. . . . [T]he amendment is narrowly tailored to further the legitimate governmental interest in protecting and strengthening the institution of marriage, and not to arbitrarily or invidiously exclude individuals from the protections of the laws of this state. . . .

Because the marriage amendment does not make arbitrary or invidious distinctions in furthering the legitimate governmental interests of the state, [the marriage amendment] does not violate the equal protection guarantee of the Michigan constitution. . . .

The marriage amendment's plain language prohibits public employers from recognizing same-sex unions for any purpose.
In March 2005 Michigan Attorney General Mike Cox issued an opinion [text] asserting that the amendment's language barred public employers from offering domestic partner benefits. After the lower court ruling, the Michigan Senate approved resolutions preventing taxpayer money from being spent on same-sex benefits until the state Supreme Court decides the issue. The ACLU of Michigan [advocacy website] expressed disagreement [press release] with appeals court decision, claiming that the voters were told the amendment would not affect domestic partnership benefits, and said that an appeal to the state high court is planned. AP has more.



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UN plan for Kosovo autonomy emphasizes rights safeguards
Bernard Hibbitts at 12:55 PM ET

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[JURIST] The United Nations Friday released a plan for Kosovo [JURIST news archive] to govern itself as a multi-ethnic society that it says safeguards the rights of all groups within its territory. An executive summary of the plan was issued to Serbian and Albanian leaders by Special Envoy for the Future Status Process Marrti Ahtisaari [official profile] and will be negotiated before its finalization and submission to the UN Security Council. The plan includes the creation of a constitution which will protect the rights of all ethnic groups, emphasizing their cultures, languages and religions. Kosovo's two million inhabitants consist of roughly 1.5 million ethnic Albanians, 100,000 Serbs, and smaller populations of Bosnians, Turks and other ethnic groups. These groups will all be represented in the judiciary, police and political institutions, which will be monitored by an EU Mission in Kosovo [official website].

Other features of the plan include recognition of the rights of displaced persons to return and reclaim their property with the cooperation of the International Committee of the Red Cross [advocacy website]. During the transition, a multi-ethnic security force will work with NATO troops to ensure order. Finally, decentralization will be a goal, with the Serbian population gaining control over health care, education and other services for its population. The UN News Service has more. AP has additional coverage.



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Australia justice minister calls Hicks detention 'totally inappropriate'
Bernard Hibbitts at 12:48 PM ET

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[JURIST] Australian Minister of Justice Chris Ellison [official website] Friday offered the Australian government's strongest criticism yet of the US government's 5-year detention without charge of Australian citizen David Hicks [JURIST news archive] at Guantanamo Bay [JURIST news archive], calling it "totally inappropriate" and urging that a trial be held quickly. Ellison has not, however, endorsed a letter signed by 96 members of Australian Parliament and sent to US Speaker of the House Nancy Pelosi [official website] on Thursday. The letter [press release], which urges the US Congress to support Hicks' return to Australia for trial, bears the signature of only one Australian government official [AAP report]; Ellison has stressed that the government is united in its desire to force charges and a trial for Hicks.

Hicks has yet to be re-charged after the lapse of his original 2004 charges [text, PDF] in the wake of the US Supreme Court's finding in June of last year that US military commissions originally established by President Bush to try Guantanamo detainees were unconstitutional and required Congressional authorization. Hicks was originally detained in Afghanistan while allegedly fighting for the Taliban. ABC News has more. CBS News has additional coverage.



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China official pushes judicial reform guided by Communist party
Jeannie Shawl at 12:20 PM ET

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[JURIST] Judicial reform in China should be managed by the Chinese Communist Party [official website] rather than by reformers and non-governmental organizations, according to an article [Xinhua report] published Thursday by China's top law enforcement official. Luo Gan [official website; BBC profile], a member of the ruling Politburo Standing Committee, wrote the article in the party's Qiushi (Seeking Truth) Journal, referring to those who seek to reform the judiciary as "hostile forces." "All law enforcement activities should be led by the party," continued Luo. "All reform measures should be conducive to the socialist system and the strengthening of the party leadership." Last month, the party announced plans to intensify its anti-corruption campaign, following complaints by China's chief justice [JURIST reports] of court corruption and systemic failures to implement court orders.

Luo also addressed criticisms of judicial corruption, writing that the judiciary should "safeguard social justice and fairness" and advocating "harsh punishments" for those convicted of crimes committed in the sale of land and the reform of state enterprises. The article encouraged labor sentences, however, a policy that human rights groups have condemned for targeting political opponents and minor offenders. While Luo urged the government to heed the international community's reaction to its policies, it also stated that NGOs should be "closely monitored." Reuters has more.



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Federal appeals court questions Bush power to designate enemy combatants
Jeannie Shawl at 11:48 AM ET

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[JURIST] The US Court of Appeals for the Fourth Circuit [official website] heard oral arguments Thursday regarding the government's power to designate "enemy combatants" and subject them to military detention without charge. The case centers on Ali al-Marri [Brennan Center case materials], an Illinois student who has been detained since December 2001. A year and a half after al-Marri's arrest, in May 2003, he was charged with credit card fraud and lying to the FBI [complaint]. Shortly before his trial, however, President Bush declared him an enemy combatant [CNN report] and had him removed to the Naval Consolidated Brig in Charleston, South Carolina. Al-Marri has alleged cruel and inhumane treatment [JURIST report] in the Charleston facility.

The oral arguments in Richmond were characterized by piercing questions from the judges over when someone can be arrested in the US, declared an enemy combatant and subjected to military detention. Judge Dianna Gribbon Motz suggested that criminal prosecution would be more appropriate in al-Marri's case. A decision from the court is expected soon. The New York Times has more.



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Bosnia war crimes court indicts Muslim officer
Jeannie Shawl at 10:25 AM ET

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[JURIST] The War Crimes Chamber of the Court of Bosnia and Herzegovina [official website; HRW backgrounder] has indicted [PDF text; press release] former Bosnian Muslim military commander Sefik Alic for acting contrary to Article 3(1)(a) of the Third Geneva Conventions [text; ICRC backgrounder] by subjecting prisoners to inhuman treatment and depriving them of their life. Alic allegedly took custody of four Serb prisoners from the Army of Srpska Krajina in August of 1995, and participated in the physical and psychological abuse of the prisoners. Alic is also accused of having failed to ensure the safety of the prisoners, which resulted in their killings by soldiers under Alic's command. The indictment, released Thursday, also states that Alic failed to report the killings to his superiors and did not take adequate action to investigate the killings and punish the perpetrators.

The Bosnian War Crimes Chamber, tasked to investigate and prosecute atrocities during the 1992-1995 ethnic war between Serbs, Bosnian Muslims, and Croats, was established in March 2005 [JURIST report] to ease the backlog of the International Criminal Tribunal for the former Yugoslavia [official website; JURIST news archive], which is currently trying to complete all its work by 2010. AFP has more.



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Tennessee governor stops executions pending procedural review
Jeannie Shawl at 9:41 AM ET

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[JURIST] Tennessee Governor Phil Bredesen [official profile] issued an executive order [PDF text; press release] Thursday, directing the Tennessee Commissioner of Corrections to conduct a "comprehensive review of the manner in which death sentences are administered... and provide [the governor] new protocols and related written procedures in administering death sentences in Tennessee" no later than May 2, 2007. Executive Order No. 43 also grants reprieves to four inmates on death row until May 2, 2007, and revoked existing procedures and related protocols used to administer the death penalty [JURIST news archive]. Tennessee currently administers the death penalty by lethal injection and electrocution.

Last week, a North Carolina state judge issued an injunction [JURIST report] blocking two executions until Governor Mike Easley issues new procedures to execute capital defendants without the presence of doctors. Capital punishment has also been suspended in Florida and California [JURIST reports]. In early-January, the New Jersey Death Penalty Commission recommended abolishing the death penalty [JURIST report] and replacing it with a life sentence without the possibility of parole. An increased number of states have begun to review the administration of the death penalty following the botched execution of Angel Diaz [Amnesty profile] in December 2006. The New York Times has more. AP has additional coverage.



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Bulgaria adopts EU-mandated constitutional amendments on judiciary
Jeannie Shawl at 8:59 AM ET

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[JURIST] The Bulgarian National Assembly [official website, in English] on Friday adopted [press release] amendments to its constitution [text, in English] in an effort to increase the efficiency and transparency of the country's judiciary. The amendments, required for entry to the European Union [official website], were passed on their third reading, 192-28, with six members abstaining. Under the new changes, judges, prosecutors, and state investigators will no longer be entitled to full immunity, and instead limited immunity will be restricted to officials acting in their official capacities. A new monitoring body, to be elected by members of parliament, was also established. Constitutional changes in Bulgaria require a majority consisting of at least "three quarters of the votes of all Members of the National Assembly in three ballots on three different days."

Bulgaria [JURIST news archive] joined the EU [JURIST report] on January 1, 2007, following six years of accession negotiations. In February of last year, the National Assembly approved [JURIST report] the amendments at first reading following warnings from the EU over corruption in Bulgaria and potential delays in joining the bloc [JURIST report]. AFP has more.



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Montana files water rights lawsuit against Wyoming in Supreme Court
Jeannie Shawl at 8:24 AM ET

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[JURIST] Montana filed a lawsuit Thursday against Wyoming [JURIST news archives] in the US Supreme Court [official website; JURIST news archive] for allegedly violating a 1950 agreement allocating water rights [Wikipedia backgrounder] to two tributaries of the Yellowstone River. In a motion, complaint and brief [PDF text], Montana Attorney General Mike McGrath asserted that Wyoming had breached the Yellowstone River Compact [DOC text and summary] by failing to keep consumption of water from the Tongue and Powder rivers within the compact's limits - specifically, by allowing water storage facilities to be built and irrigation to be expanded. Montana claims that, as a result of Wyoming's actions, its ranchers, farmers and other water users are suffering "substantial and irreparable injury." McGrath asked the court to order Wyoming to abide by the compact and to award Montana damages, interest and costs. North Dakota [JURIST news archive], the third signatory to the compact, is also named as a defendant, but Montana is not seeking relief from that state.

Montana filed the lawsuit after the Yellowstone River Compact Commission [official website] last month rejected a resolution that would have adopted Montana's interpretation of the compact. "In the West, a deal is still a deal," Montana Gov. Brian Schweitzer [official website] said Thursday in a press release [text]. "Wyoming signed a compact that said Montana would get its fair share of water and Wyoming has not been holding up its end of the deal." In a statement [text] responding to the lawsuit, Wyoming Gov. Dave Freudenthal [official website] said his state has "strictly honored" the compact. The statement continued:
Prior to 2004, Wyoming and Montana agreed on how the compact operated. Since 2004, Montana has been agitating for a fight. I guess they finally threw the first punch. I am confidant [sic] that Wyoming will prevail on this claim, but I am disappointed that Wyoming will be forced to expend millions of dollars to defend a claim that has no merit.
The lawsuit was filed directly in the Supreme Court because Article III, Section 2, of the US Constitution [text] gives the court original jurisdiction over cases "in which a state shall be party." By statute [text], Congress has made the Supreme Court's jurisdiction over "all controversies between two or more States" exclusive, meaning no other federal court may consider such cases. According to the treatise Supreme Court Practice [text], the court customarily appoints a special master [Cornell LII backgrounder] to hear original jurisdiction cases in which the facts are disputed. Once the special master makes findings and recommendations, the court hears oral arguments as it would in a typical appellate case. Under a Supreme Court rule [text], Wyoming now has 60 days to file an opposing brief. AP has more. The Missoulian has local coverage. SCOTUSBlog has additional coverage.

This report was prepared in partnership with the Pittsburgh Journal of Environmental and Public Health Law.



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Thursday, February 01, 2007

White House tapes played in Libby trial
Bernard Hibbitts at 7:55 PM ET

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[JURIST] US Special Prosecutor Patrick Fitzgerald [official profile] played portions of White House briefing room videos Thursday as the trial of I. Lewis "Scooter" Libby [defense website; JURIST news archive] continued. Fitzgerald said the tapes show Libby's eagerness to publicly conceal conversations he had with reporters about CIA official Valerie Plame. US District Judge Reggie B. Walton [official profile] allowed Fitzgerald to play portions of the videos that show former White House Press Secretary Scott McClellan publicly clearing Libby's name and announcing that individuals responsible for the leak would be fired. Judge Walton did not allow Fitzgerald to show a heated question and answer session between McClellan and reporters.

Libby is charged with perjury and obstruction of justice [indictment, PDF; JURIST report] in connection with the investigation into the leak of former CIA operative Valerie Plame's identity [JURIST news archive]. Libby's defense team has indicated that they plan to call [JURIST report] Libby's former boss, Vice President Dick Cheney [official website], to testify and that Libby also plans to take the witness stand himself. Walton has denied a request [JURIST report] from several news organizations seeking the daily release of audio recordings of arguments and testimony. AP has more.



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US defendants cleared of Hamas racketeering charges
Bernard Hibbitts at 7:47 PM ET

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[JURIST] Muhammad Salah and Abdelhaleem Ashqar, two of three men indicted in 2004 [press release] by a US federal grand jury on charges of engaging in a 15-year conspiracy of providing funds to Hamas [JURIST news archive], were found not guilty of racketeering Thursday. While the men were exonerated of the most serious crime alleged, they were convicted of lesser charges. Salah, who spent 5 years in an Israeli prison in 1993 after confessing to transporting funds for Hamas, was convicted of obstruction of justice for providing false answers in a civil case involving an American student killed by the terrorist group while in Israel. Ashqar was convicted of obstruction of justice and criminal contempt for his refusal to testify before a federal grand jury after receiving immunity. The third man indicted, Abu Mousa Marzook, is currently living in Syria, and is considered to be a fugitive.

Controversy in the case arose when US District Judge Amy St. Eve [official profile] closed the courtroom [AP report] during the testimony of two Israeli security agents who were called to counter Salah’s claims that his 1993 admission to being in Hamas was false, and the product of Israeli torture during his interrogation [AP report]. In a statement [text] made after Thursday’s ruling, Amnesty International USA [advocacy website], while pleased with the “generally favorable verdict,” remains concerned that “evidence likely obtained by the use of torture even entered the courtroom.” AP has more. AP also offers additional coverage.



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Morocco confirms it will end death penalty
Bernard Hibbitts at 7:40 PM ET

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[JURIST] Morocco will become the first Arab country to eliminate the death penalty [JURIST news archive], a state representative confirmed on Thursday. President of the Consultative Committee on Human Rights, Ben Dhikri, made the comments in the run-up to this week's 3rd World Congress Against the Death Penalty [official website] in Paris. Dhikri confirmed that Moroccan MPs and Morocco's King Mohammed VI [official website] share a desire to revise the country's constitution to remove capital punishment as early as April.

Morocco has not carried out the death penalty since 1993. Currently, it is one of 29 countries that has a de facto ban on the practice but has not changed its actual legality. Last month, two Moroccans were sentenced to death for terrorism offenses. AKI has more.



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Rights panel says Russian anti-terror laws leading to abuses
Bernard Hibbitts at 7:38 PM ET

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[JURIST] The Eminent Jurist’s Panel (EJP) [advocacy website], an arm of the Geneva-based International Commission of Jurists (ICJ) [advocacy website], announced the results [press release] of an inquiry into Russian anti-terrorism efforts Thursday, concluding after two days of public hearings that many recently adopted anti-terrorism laws [JURIST report] are curtailing civil rights and leading to state abuses. Of the eight panel members, three were in Moscow this week [press release] conducting the hearings, including Mary Robinson [official profile], former President of Ireland and former UN High Commissioner for Human Rights.

While the panel members met with representatives of the Russian Justice Ministry [official website, in Russian], officials from numerous other offices declined their invitation. The panel also met with lawyers, civil rights advocates and alleged victims of Russian abuses. The Moscow hearings were the tenth set of hearings held worldwide since the EJP was assembled in October 2005. The results from all hearings will be incorporated on a global report on terrorism, counter-terrorism, and human rights this fall. AP has more.



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