Pakistan leaders fail to agree on resolution restoring ousted judges as new deadline looms
[JURIST] Talks between the leaders of the Pakistan People's Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N) in London Friday failed to produce an agreement on a draft resolution for reinstating judges ousted by Pakistani President Pervez Musharraf last year, but party members pledged to continue negotiations. A panel convened last week pursuant to an initial deal struck by the leaders in Dubai completed a draft parliamentary resolution to restore the judges, but disagreements on implementation among panel members meant that the resolution had to go the top leadership of the PPP and the PML-N for approval before being submitted to the Pakistani parliament. On Monday, retired Justice Fakhruddin Ibrahim quit the drafting panel, 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 last year. Former Pakistani Prime Minister Nawaz Sharif initially said that the judges would be restored May 12, but Pakistani Law Minister Farooq Naek said Friday that the governing coalition will be unlikely to meet that deadline. JURIST's Pakistan correspondent says that if the deadline passes without agreement Sharif is likely to step out of the coaliton cabinet, a move that could bring down the new government. The Pakistan Newspaper has more. UPI has additional coverage....

EU parliament head slams possible court ban of Turkish ruling party
[JURIST] European Parliament President Hans-Gert Poettering Thursday slammed a bid by Chief Prosecutor Abdurrahman Yalcinkaya to have the country's ruling Islamic Justice and Development Party (AKP) legally dissolved for not respecting Turkey's strict secular principles. Poettering said it would be "absurd" for the Constitutional Court of Turkey to close the party as it had come to power through democratic means. On Wednesday, EU Enlargement Commissioner Olli Rehn called for the Turkey to respect democratic principles in what was considered a message of support for the government. Rehn has previously warned that the closure of the AKP could have could be serious ramifications for Turkey's bid to join the European Union. MSNBC has more. In March, Yalcinkaya petitioned the court to disband the AKP and bar Turkish Prime Minister Recep Tayyip Erdogan and President Abdullah Gul from political office. The AKP filed a response to the dissolution petition last week, arguing that shutting down the party would leave a political void and endanger Turkey's democracy....

Anthrax reporter challenges contempt of court order for not revealing sources
[JURIST] The US Court of Appeals for the District of Columbia Circuit heard oral arguments Friday in the appeal by former USA Today reporter Toni Locy against sanctions imposed on her for refusing to disclose government sources who provided information about former US Army germ-warfare researcher Dr. Steven J. Hatfill. In a March ruling, US District Judge Reggie Walton found Locy in contempt of court and ordered that, beginning March 11, Locy pay a fine of $500 a day; the fine was due to increase to $1000 a day after one week and then up to $5000 a day after two weeks. Walton refused to delay the sanctions until Locy could file an appeal and also ruled that Locy cannot accept reimbursement for the monetary sanctions. The appeals court later granted an emergency stay against the monetary sanctions while Locy pursued her appeal. Locy's lawyers said that she is unable to pay the fines and categorized the sanctions as "destructive," arguing that Walton had abused his discretion. On Friday, the court appeared receptive to the argument. Locy, currently a journalism professor at West Virginia University, has refused to cooperate in Hatfill's suit against the Department of Justice (DOJ) for its alleged violation of the US Privacy Act, arguing that the information Hatfill is seeking has not been demonstrated to be central to the lawsuit. Hatfill was identified as a "person of interest" in the investigations of the 2001 anthrax attacks. He contends that FBI and DOJ officials violated federal privacy laws by providing personal information and information about the investigation to journalists. AP has more.Editor's Note: Toni Locy served as a JURIST student staff member while pursuing her MSL at the University of Pittsburgh School of Law in 2006-07....

Myanmar junta urges citizens to approve constitution in weekend referendum
[JURIST] Myanmar's ruling junta Friday urged the country's citizens to approve the military-backed draft constitution in an upcoming Saturday national referendum that the government has refused to reschedule despite a devastating cyclone last week that may have left up to 100,000 people dead. The United Nations estimates that another 1.5 million people have been "severely affected," but the Myanmar regime has thusfar blocked international aid efforts. Reports have also surfaced that a riot broke out after the storm in a notorious Rangoon prison used to hold political dissidents; soldiers and police reportedly opened fire on the rioters, killing 36. Myanmar opposition groups and international figures have slammed the government's decision to go forward with the vote under the circumstances. On Wednesday, European Parliament President Hans-Gert Poettering condemned the decision, while the National League for Democracy Tuesday derided it as "extremely unacceptable." Myanmar state media have reported that Saturday's vote will proceed as scheduled in most of the country, although the regime now says that the vote will be postponed in districts hardest hit by the cyclone. Reuters has more....

Nuclear powers say Iran threatening nuclear treaty goals
[JURIST] The world's five major nuclear powers - Britain, China, France, Russia, and the US - cited Iran's uranium enrichment program as a major threat to the goals of the Nuclear Non-Proliferation Treaty (NPT) in a joint statement issued Thursday at the end of a two-week meeting of 106 NPT member nations. The five urged Iran, currently under UN sanctions for its nuclear program, to accept an incentive package in exchange for abandoning uranium enrichment. The statement also addressed the nuclear situation in North Korea, which opted out of the treaty in 2003 to restart disarmament negotiations. Conspicuously absent from the statement was any mention of a secret reactor that Syria is suspected of building, which some speculate is because of a lack of confidence in the related US intelligence. Iran maintains that it is pursuing nuclear capabilities solely for use in producing electricity, a use allowed under the treaty, and has repeatedly balked at the UN sanctions targeted at the country. The US and other western powers are particularly concerned that energy-related uranium enrichment processes could be easily altered to produce weapons-grade material. Reuters has more....

US military judge refuses to set Khadr trial date pending Guantanamo records release
[JURIST] US military judge Col. Peter Brownback again refused to set a trial date for Canadian-born Omar Khadr at a pre-trial hearing Thursday, threatening to suspend military commission proceedings against the Guantanamo detainee until the government submits daily records of Khadr's detention. Khadr's lawyers claim the government is stalling the prosecution under the Military Commissions Act to cover up abusive treatment at Guantanamo. In an affidavit released in March, Khadr claimed that US interrogators in Afghanistan threatened him with rape, physically abused him, and forced him to swear to false statements. The Toronto Star has more. Khadr, 21, faces life imprisonment for crimes allegedly committed at the age of 15 while fighting with the Taliban in Afghanistan. He was charged in April 2007 with murder, attempted murder, conspiracy and providing material support for terrorism, as well as spying.In April, Brownback ruled that Khadr was not a child soldier when he was captured in Afghanistan. Khadr's lawyers had asked for the case to be dismissed saying that it violated the Optional Protocol of the UN Convention on the Rights of the Child, which gives special protection to children under 18 involved in armed conflicts....

Federal judge orders handover of CIA 'torture' memo
[JURIST] A US federal judge Thursday directed the CIA 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 - on US detainees held abroad. The memo prepared by the DOJ Office of Legal Counsel (OLC) 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 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."...

Egypt court fines newspaper editor for reporting on labor dispute
[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. 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 was sentenced to six months in prison after being convicted on charges of spreading "rumors" about the health of Egyptian President Hosny Mubarak in an August newspaper report. Last year, two journalists were convicted in absentia of libel 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 in Egypt, but has yet to do so....

Australia military investigating Taliban detainee 'mistreatment' claims
[JURIST] The Australian Defence Force 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 under its Operation Slipper. 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, 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, previously rejected by the government of Prime Minister John Howard....

Vietnam to prosecute anti-Communist activists for 'terrorism'
[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, 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 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 by advocating that Vietnam adopt a multi-party system of government. In 2006, the US and Vietnam ended a three-year suspension of talks regarding human rights and religious freedoms 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....

Latvia, Lithuania approve EU Lisbon Treaty
[JURIST] The parliaments of Latvia and Lithuania Thursday adopted the new EU reform treaty, properly known as the Treaty of Lisbon, 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, which fell far short of unanimous approval among all EU states, the Lisbon Treaty 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....

Turkish president signs amendment limiting controversial state slander law
[JURIST] Turkish President Abdullah Gul Wednesday signed an amendment into law restricting the controversial Article 301 of the country's penal code, 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 approved the amendment last month. Many prominent Turkish journalists, authors, and academics have been tried for insulting "Turkishness" under Article 301. Critics have accused Turkey of using the law to silence government critics, making it a major stumbling block to Turkey's accession to the European Union. AFP has more....

EU parliament approves mandatory registry of lobbyists
[JURIST] The European Parliament Thursday approved a report calling for a mandatory registry of lobbyists seeking access to EU lawmakers. 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, 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....

Malaysia Islamic court allows reconversion from Islam
[JURIST] An Islamic court in Malaysia 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 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 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....

FBI withdraws national security letter in Internet library settlement
[JURIST] The FBI has withdrawn a National Security Letter (NSL) issued against an Internet library website in a settlement announced Wednesday. The FBI had issued the NSL to the Internet Archive, seeking personal information about a particular publicly-unnamed site user; the Archive, the American Civil Liberties Union and the Electronic Frontier Foundation 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. This was the first publicly reported challenge to an NSL served on a library since Congress approved changes in the Patriot Act in 2006 restricting the FBI's power to demand library records. KTVU in San Francisco has more....

Germany constitutional court rules pre-Iraq war flight missions unconstitutional
[JURIST] Germany's Federal Constitutional Court Wednesday ruled 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, 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....

Pakistan committee on restoring ousted judges completes draft resolution
[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) 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, 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 last year. Former Pakistani Prime Minister Nawaz Sharif has said that the judges would be restored May 12, but Pakistani legal experts are skeptical that the parties can reach agreement by that time....

Bangladesh ex-PM Hasina charged with corruption for alleged kickback scheme
[JURIST] A Bangladeshi court Wednesday formally charged former Bangladeshi Prime Minister Sheikh Hasina Wajed with corruption under the recommendation of the country's Anti-Corruption Commission (ACC). 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. 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. On Tuesday, formal corruption charges were filed against former Bangladeshi Prime Minister Begum Khaleda Zia 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 and 13 other former ministers and senior politicians were arrested in raids on their homes after Bangladeshi President Iajuddin Ahmed declared a state of emergency in the country and canceled a scheduled national election. In March of this year, Hasina appeared in court to face charges 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....

Maryland appeals court rules Islamic divorce practice constitutionally invalid
[JURIST] The Maryland Court of Appeals has ruled that the Islamic talaq, a controversial practice under which a husband can divorce his wife without her say, violates the state constitution 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 by the Maryland Court of Special Appeals 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....

Federal appeals court rules BP plea bargain in blast case violated rights of victims
[JURIST] The US Fifth Circuit Court of Appeals ruled Wednesday that the plea agreement made by BP 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 the plea was in violation of the 2004 Crime Victims Rights Act, 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 and an ongoing Congressional investigation over oil spills in Alaska....

Guantanamo ex-detainee was Iraq suicide bomber: US military
[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, 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 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....

Michigan Supreme Court rules against same-sex partner benefits
[JURIST] The Michigan Supreme Court ruled 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 to mean that same-sex couples are to be denied any of the benefits of marriage as well. The suit involved 21 families represented by the ACLU of Michigan. The case, National Pride at Work v. Granholm, attracted the attention of gay-rights activists who urged people to attend last November's oral arguments. Proponents of the constitutional amendment see the decision as a victory. AP has more....

US military reduces sentence for Marine convicted of killing Iraqi
[JURIST] The US military has reduced the sentence of Marine Corps Sgt. Lawrence G. Hutchins III handed down after following his conviction last August for killing an Iraqi civilian, AP reported Thursday. Hutchins' attorney said he learned Tuesday that Hutchins will now serve only 11 years in detention at Fort Leavenworth and will have his rank reduced to Private before being dishonorably discharged. Under the Uniform Code of Military Justice, he is still entitled to an additional appeal. AP has more. In August a military court-martial jury sentenced Hutchins to 15 years in prison for his role in the April 2006 kidnapping and murder of Iraqi civilian Hashim Ibrahim Awad in Hamdania. Hutchins was convicted of murder, conspiracy to commit murder, making a false official statement, and larceny....

Incoming Russia president stresses rights in inauguration address
[JURIST] Incoming Russian President Dmitry Medvedev, a lawyer who won Russia's presidency in March elections, stressed the importance of rights and freedoms at the outset of his inauguration address in the Kremlin Wednesday as he took over from outgoing President Vladimir Putin. Medvedev, a lawyer, said:I have just sworn the presidential oath, the oath taken before the people of Russia, and its very first lines pledge respect and protection of human rights and freedoms. It is them that our society declares the greatest value, and they determine the sense and the substance of all state policy.... I place particular importance on the fundamental role of the law, which is the cornerstone of our state and our civil society. We must ensure true respect for the law and overcome the legal nihilism that is such a serious hindrance to modern development. A mature and effective legal system is an essential condition for economic and social development, supporting entrepreneurship and fighting corruption. But it is no less important for increasing Russia's influence in the international community, making our country more open to the world and facilitating dialogue as equals with other peoples. Finally, true supremacy of the law is only possible if people feel safe in their lives. I will do everything I can to ensure that the safety of our citizens is not just enshrined in the law but is genuinely guaranteed by the state.Shortly after the March poll Russian human rights ombudsman Vladimir Lukin said Medvedev had to honor his declared respect for Russian law and freedoms so that Russian courts and police will follow suit. One of Medvedev's first acts Wednesday was to nominate Putin as Russia' new prime minister, a move that will almost certainly see the latter remain a powerful - even the dominant - force in Russian government for some time. AP has more....