British embassy staff facing Iran trial for allegedly provoking protests
[JURIST] Iranian employees at the British Embassy in Iran will face trial over accusations they contributed to the political protests that followed Iran's recent disputed presidential election according to statements made Friday by Ayatollah Ahmad Jannati, the head of Iran's Guardian Council for the Constitution. While Jannati did not state the official charges the staff may face, he did say that confessions had been made. Nine embassy employees were arrested last month following protests over the June 12 re-election of President Mahmoud Ahmadinejad, but seven have been released. Jannati's comments drew the ire of much of the European community, and European Union (EU) nations are currently considering a British proposal to withdraw all diplomats from Iran. Later Friday, British Foreign Secretary David Miliband said in a statement that the British government was seeking clarification of the issue, and rejected claims that its embassy staff played a role in the protests. The post-election protests reportedly resulted in at least 17 deaths and hundreds of arrests. Iranian authorities have said that those arrested would be dealt with by the courts. Human rights groups have characterized the arrests as political repression, saying that Iranian authorities are using the protests to "engage in what appears to be a major purge of reform-oriented individuals."...

Liberia truth commission urges war crimes prosecutions in special court
[JURIST] Liberia's Truth and Reconciliation Commission (TRC) urged Thursday that several one-time military and political leaders be prosecuted in a special Liberian court for war crimes. Those named include ex-president Charles Taylor, now on trial at The Hague, and Prince Y. Johnson, a senator elected in 2005. The commission made the recommendation in a new report detailing atrocities committed during the country's two recent civil wars. The commission called for the Liberian government to set up an "Extraordinary Criminal Tribunal for Liberia" and prosecute all those persons listed as war criminals by the TRC. Prince Johnson has said that an amnesty law passed in 2005 forbids the government from prosecuting him for crimes committed during the civil wars. The TRC also said that those recommended for prosecution be barred from holding elected office for 30 years. Initially, the report had included the name of current Liberian President Ellen Johnson Sirleaf before quickly backtracking and removing her name from the report. The TRC held its first public hearings in January and indicated then that it would be recommending the creation of a war crimes court. Taylor, the commission's top target, is currently being prosecuted by the Special Court for Sierra Leone (SCL) but he may be released due to a lack of funds to continue the proceedings....

Florida Supreme Court say governor cannot delay judicial appointment for diversity
[JURIST] The Florida Supreme Court ruled on Thursday that Republican Governor Charlie Christ could not delay a decision on filling a vacancy in Florida's Fifth District Court of Appeal in order to consider more diverse candidates. In November, Crist was provided a list candidates by the Judicial Nominating Commission of Fifth District Court of Appeal (JNC) in order to fill the vacancy resulting from the retirement of Judge Robert J. Pleus, due to age. Crist rejected the initial list, and requested the JNC reconvene to review other applicants, in particular three African-Americans. When the JNC resubmitted the same list of candidates, Crist did not make an appointment. The Supreme Court held that Crist's actions were unconstitutional. In its decision, the court concluded that the Florida Constitution requires Crist to make a decision from the candidates approved by the JNC, and the decision must be within the constitutionally specified 60 day period:The plain language of article V, section 11(c), mandates that the Governor, upon receipt of the certified list of nominees from a judicial nominating commission, make an appointment from that list within sixty days to fill the judicial vacancy... we note the absence of any language granting the Governor authority to reject the JNC's certified list of nominees or to extend the time in which the appointment for judicial office must be made.rticle V, section 11(c), imposes a clear and indisputable legal duty upon the Governor in his exercise of appointing judicial nominees to act within sixty days of receiving the certified list of nominees... In so holding, we reject the proposition that the Governor's failure to act within the mandated time frame obviates that duty. To hold otherwise would render the constitutional provision nugatory.The suit was brought by Pleus, seeking a writ of mandamus in order to force the Governor to make a choice from the original list. The initial list provided by the JNC was made up of six candidates out of a pool of twenty-six. All of the candidates approved by the JNC were white, four of whom are male, two are female....

Israel, Hamas committed Gaza war crimes: Amnesty International report
[JURIST] Both Hamas and Israeli forces committed war crimes during fighting in Gaza in December 2008 and January 2009, according to Amnesty International (AI). A report issued by Amnesty Thursday alleges that Israeli attacks killed 1,400 Palestinians, including 300 children. The report says Israel is bound by the international human rights treaties it has ratified, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR). Human rights obligations allegedly breached during the conflict include respect for the right to life (ICCPR, Article 6), the right to adequate food and housing (ICESCR, Article 11), and the right to education (ICESCR, Article 13). An AI researcher said that Hamas and other armed Palestinian groups committed war crimes when they fired rockets into southern Israel, killing three. Israel Defense Forces said AI's report seemed “unbalanced”. Hamas has criticized AI's report as "unfair." In December, UN High Commissioner for Human Rights Navi Pillay condemned what she called Israel's “disproportionate use of force” against Hamas targets in Gaza. Pillay's call followed two days of Israeli airstrikes that killed 270 people and wounded more than 600, including many civilians, according to a UN report. In April, Israel announced it would not comply with a UN Human Rights Council investigation into fighting in the Gaza Strip. AI then accused Israel of war crimes, citing the use of white phosphorous in civilian areas....

Italy senate passes law criminalizing illegal immigration
[JURIST] Italy's Senate voted 157-124 Thursday to pass a controversial law making illegal immigration a crime, punishable by a fine of between 5,000 and 10,000 euros. The law also increases from two months to six the amount of time law enforcement officials may detain suspected illegal immigrants before deporting them. Prime Minister Silvio Berlusconi has supported the bill as important for promoting public safety. The Catholic church opposes the law, which the church believes punishes the basic human right of migration. Human Rights Watch has also opposed the measure. Italy's Chamber of Deputies approved the bill in May. Illegal immigration is a growing problem in Italy, where about 36,000 illegal immigrants arrived by boat last year. In November, UN human rights experts expressed concern over Italy's treatment of detained migrants and asylum seekers. While the UN Working Group on Arbitrary Detention said it was concerned about the facilities in which Italy holds irregular migrants and asylum seekers, UN experts also said Italy's criminal justice system boasts strong due process guarantees against arbitrary detentions....

India court declares anti-sodomy law unconstitutional
[JURIST] The Delhi High Court on Thursday decriminalized homosexual conduct by declaring India's anti-sodomy law unconstitutional. In a petition originally filed and rejected by the court in 2004, the Naz Foundation challenged the applicability of Section 377 of the Indian Penal Code, a colonial-era law that punishes "carnal intercourse against the order of nature" with 10 years in prison and a fine. They had argued that using Section 377 to criminalize consensual adult sexual conduct ran counter to Article 21 of the Indian Constitution, which provides that "o person shall be deprived of his life or personal liberty except according to procedure established by law," as well as the equality under the law provided by Articles 14 and 15. Writing for the court, Justice S. Muralidhar agreed: In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the LGBTs are. It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual.Muralidhar stressed that the ruling nullifies the application of Section 377 to consensual adult sex only, and does not apply to other sexually-based offenses, such as rape and sex with a minor. The court's decision is only binding within the Union Territory of Delhi, including the capital.The criminalization of homosexuality has been a divisive issue around the world. In April, an appeals court in Senegal ordered the release of nine members of AIDS awareness group AIDES Senegal who had been convicted of sodomy and sentenced to eight years in prison. In November, the parliament of Burundi voted to criminalize homosexuality, a move condemned by human rights groups. In December, the UN General Assembly was divided over the issue as 66 nations signed a statement calling for decriminalization, and nearly 60 nations signed an opposing statement....

Ex-Guantanamo detainee civilian trial set for September 2010
[JURIST] A federal judge on Thursday set a trial date for terrorism suspect and former Guantanamo Bay detainee Ahmed Ghailani of September 13, 2010. Ghailani, the first Guantanamo detainee to be transferred to the US for a civilian trial, faces charges for his alleged involvement in the 1998 bombings of US embassies in Tanzania and Kenya. The trial date was set by Judge Lewis Kaplan of the United States District Court for the Southern District of New York. No date was set for the next hearing, as defense lawyers asked for more time to prepare. Prosecutors have not yet decided whether they will seek the death penalty. Earlier this week, Ghailani's lawyers requested access to secret prisons operated by the Central Intelligence Agency, known as "black sites," at which their client was held prior to his transfer to Guantanamo Bay. Having been held at the Guantanamo facility since 2006 following his 2004 arrest in Pakistan, Ghailani was transferred to the US last month to face 286 separate counts including involvement in the bombings and conspiring with members of al Qaeda to kill Americans worldwide. He pleaded not guilty at his initial appearance. In a rare move last month, Kaplan tentatively granted Ghailani's request that his military lawyers be allowed to represent him in civilian court, pending military approval. The announcement that Ghailani would be tried in federal court came last month following the ordered review of all Guantanamo detainees pursuant to plans to close the detention facility....

UK court recognizes pre-nuptial agreement in landmark ruling
[JURIST] A British appellate court on Thursday recognized a pre-nuptial agreement for the first time in the UK, where they have been generally disregarded by courts hearing divorce proceedings. The UK Court of Appeal of England and Wales overturned a lower court ruling that awarded £5.8 million to the ex-husband of German heiress Katrin Radmacher despite a pre-nuptial agreement intended to shield her assets. Noting that the UK's treatment of pre-nuptial contracts sets it apart from both other European Union countries and the "wider common law world," Lord Justice Thorpe said: In so far as the rule that such contracts are void survives, it seems to me to be increasingly unrealistic. It reflects the laws and morals of earlier generations. It does not sufficiently recognise the rights of autonomous adults to govern their future financial relationship by agreement in an age when marriage is not generally regarded as a sacrament and divorce is a statistical commonplace. Thorpe directed judges in the future to "give due weight to the marital property regime into which the parties freely entered." The judgment awards Nicolas Granatino £1 million in compensation, £700,000 for payment of his debts, and a £2.5 million in trust for a familial residence until their youngest daughter turns 22. He is expected to appeal the ruling to the House of Lords.UK divorce courts have traditionally not taken pre-nuptial agreements into account when dividing marital assets. Instead, the courts have assessed the financial needs of the couple and any dependents in an effort to protect the financially weaker partner. Thorpe's ruling suggests that recognition of pre-nuptial contracts is in line with the British approach to contracts generally....

Germany leaders agree to set aside Nazi-era treason verdicts
[JURIST] The political parties that make up Germany's coalition government agreed Wednesday on a proposal to set aside all Nazi-era treason verdicts. The Socialist Democrats (SPD) and the Christian Democratic Union (CDU) of Chancellor Angela Merkel agreed to draft a law bypassing the current system, in which treason convictions must be considered on an individual basis, and exonerate all persons convicted of the broadly classified Nazi offense. SPD parliamentary leader Volker Kauder said that the measure is likely to succeed in parliament before September elections. CDU members had originally opposed the proposal, on the grounds that the alleged acts of treason may have been committed third parties, rather than the Nazi government. Germany has taken other legislative measures to combat Nazi-era offenses. In November, German lawmakers passed a law intended to counter anti-Semitism just before the 70th anniversary of Kristalnacht, when Nazi troops destroyed thousands of Jewish businesses and synagogues....

US immigration agency intensifies employer monitoring efforts
[JURIST] The US Immigration and Customs Enforcement agency on Wednesday issued inspection notices to 652 businesses in an increased effort to target employers that use illegal labor. ICE notified selected employers that they would be auditing their I-9 employee eligibility forms, which employers are required to file and retain for each employee. Assistant Secretary of Homeland Security for ICE John Morton said that the measure was "first step in ICE's long-term strategy to address and deter illegal employment" and that the agency is "committed to establishing a meaningful I-9 inspection program to promote compliance with the law." The audit reflects a shift in focus in federal immigration enforcement, from workplace raids to targeting employers directly, announced last month by US Department of Homeland Security (DHS) Secretary Janet Napolitano during a speech at the Aspen Institute. In March, the administration proposed an overhaul of US immigration policy. Last month, Attorney General Eric Holder vacated an order by former attorney general Michael Mukasey that had denied those facing deportation the right to challenge immigration decisions based on ineffective assistance of counsel claims. In February, Napolitano called for a review of workplace raids conducted by ICE agents. ICE has arrested many non-criminal illegal immigrants in the past year, many of whom were imprisoned. In April 2008, Seton Hall Law School's Center for Social Justice filed a lawsuit claiming that warrantless immigration raids violate the US Constitution....

Israel high court orders stronger penalty in prisoner abuse case
[JURIST] The Israeli Supreme Court on Wednesday ordered the Israel Defense Forces (IDF) to refile indictments on more serious charges against a soldier and an officer accused of shooting a blindfolded prisoner with a rubber bullet. Human rights groups B'Tselem, the Association for Civil Rights in Israel (ACRI), the Public Committee Against Torture in Israel (PCATI), and Yesh Din filed suit against the IDF, saying that a charge of conduct unbecoming a soldier, the least serious military criminal sanction, did not reflect the severity of the crime. The charges stem from an August 2008 incident in the Palestinian town of Ni'lin in which an IDF soldier shot a handcuffed and blindfolded protester, Ashraf Abu Rahma, in the foot with a non-lethal rubber bullet at an officer's direction. Rahma did not sustain serious injury as a result. Writing for a three judge panel, Supreme Court Justice Ayala Procaccia said that the officer had committed a moral failure in ordering the shooting, and that the soldier should not have followed the officer's order because the act was illegal. The rights groups welcomed the decision, but expressed dismay that the Supreme Court's intervention was necessary in the matter. Rights groups have long been critical of IDF tactics in Palestine. Last month, PCATI issued a report asserting that harsh shackling techniques used by the IDF and the Shin Bet Security Agency (GSS) constitute torture. Last year, PCATI alleged that detainees are regularly beaten and abused by IDF soldiers after they no longer pose a security risk. In 2007, the IDF launched investigations into two incidents of soldiers using Palestinians as human shields, in violation of Article 51(7) of the 1977 Additional Protocol to the Geneva Conventions and other international agreements....

Iran bars publishing of opposition newspaper
[JURIST] The Iranian government on Wednesday prevented the publishing of the opposition Etemad-e-Melli newspaper in its latest move to quash anti-government reporting in the country. International journalists in the country have also been ordered to stay indoors. The newspaper was linked to opposition candidate Mehdi Karroubi. Both he and candidate Mir Hossein Mousavi have continued to criticize the government for both alleged election fraud and its harsh treatment of protesters and the press following the announcement that incumbent candidate Mahmoud Ahmadinejad had won the highly-disputed election. In reaction to Mousavi's increasing criticism of the government, some in the government and its Basij security forces have called for his arrest, calling him a threat to national security. Earlier this week, Iran's Guardian Council of the Constitution certified the election results week after the Council rejected protesters' requests to abandon the results and start over after a partial recount. Protests of the results have reportedly resulted in at least 17 deaths and hundreds of arrests. Authorities stated that those arrested would be appropriately dealt with by the court system. Human rights groups have viewed the arrests as political repression, saying that Iranian forces are using the protests to "engage in what appears to be a major purge of reform-oriented individuals." Amnesty International has called for authorities to respect and nurture debate stressing that "healthy debate on issues of fundamental importance to peoples' lives" informs, rather than threatens, policy makers."...

Russia implements nationwide gambling ban
[JURIST] A Russian law outlawing gambling in most of the country went into effect Wednesday, with authorities shutting down casinos and confiscating gambling machines. The law, passed in 2007, bans gaming in Russia's cities and towns, but designates some remote areas of the country where gambling is still allowed, including Primorye and Siberia. Industry representatives estimated that 450,000 casino jobs would be lost nationwide, with a $1 billion loss in taxes. A poll published on Monday found 72 percent of Russian city-dwellers in favor of the measure. Gambling has become a central part of the Russian urban landscape, as Western-style capitalism replaced Soviet anti-gaming regulations. In 2006, then-president and current Prime Minister Vladimir Putin likened gambling addiction to alcoholism and said that tough measures were needed to curb Russians' appetite for gambling. The Duma, Russia's lower house of parliament, first considered the bill in later that year....

Zimbabwe cabinet nominee trial set for October
[JURIST] The lawyer for jailed Zimbabwe opposition cabinet member-designate Roy Bennett said Wednesday that his trial on terrorism charges will begin on October 13. Trust Maanda said that prosecutors have also revised the conditions of Bennett's bail, requiring him to report bi-monthly to police, rather than three times a week. Bennett, the treasurer general of the Movement for Democratic Change (MDC) party of Prime Minister Morgan Tsvangirai, faces charges under Zimbabwe's Public Order and Security Act for "attempting to commit terrorism, banditry and sabotage." Bennett, who was arrested in February shortly before he was scheduled to be sworn as deputy agriculture minister in the new power-sharing coalition government led by Tsvangirai, is accused of funding the purchase of fire arms and explosives intended to be used as part of an insurgency. It is feared that Bennett's arrest could pose a threat to the power-sharing agreement between the MDC and the African National Union-Patriotic Front (ZANU-PF) party of President Robert Mugabe. Bennett was originally sought for questioning in relation to the allegations in 2006, but he had been seeking asylum in South Africa until recently. Treason charges against him were dropped in favor of the terrorism and other charges....

Fiji PM announces plan for new constitution by 2013
[JURIST] Fijian Prime Minister Commodore Josaia Voreqe "Frank" Bainimarama on Wednesday announced plans to establish a new constitution by September 2013. Bainimarama said that the new constitution would be in place at least one year prior to the elections planned for September 2014 to allow the public to become familiar with the document prior to voting and that would it include, "provisions that will entrench common and equal citizenry, it must not have ethnic based voting ... and, it must have systems that hold Governments accountable with more checks and balances." The new constitution is meant to replace the 1988 Constitution, which was suspended in April by President Ratu Josefa Iloilo. Bainimarama said that the recommendations of the Peoples Charter for Peace, Change and Progress, released in August 2008 by the National Council for Building a Better Fiji, would serve as the basis for the new constitution. He also invited "international partners and relevant development agencies" to assist in reforming the Fijian legal system. On April 10, Iloilo suspended the constitution and revoked the appointment of all judicial officers after a ruling from the Fiji Court of Appeal declaring the appointment of the military government following a 2006 coup d'etat unconstitutional. The UN High Commissioner for Human Rights then urged Iloilo to reinstate the deposed judges. Concerns about the constitutional suspension have also been expressed by UN Secretary-General Ban Ki-moon and US State Department spokesperson Richard Aker, who said that it was a step backwards for the country, and called on Fiji to continue to recognize rights outlined in the suspended constitution....

Rwanda genocide tribunal transfers prisoners to Benin to serve sentences
[JURIST] The International Criminal Tribunal for Rwanda (ICTR) on Wednesday announced that nine prisoners were transferred Saturday to a detention facility in Benin to serve their sentences. A May 18 order by ICTR President Sir Dennis Byron requested the transfer from the UN Detention Facility at Arusha, Tanzania to Beninese custody. The prisoners, including former Kigali-Rural governor Francios Karera, Catholic priest Athanase Seromba, and former lawmaker Aloys Simba, were sentenced by the tribunal to terms ranging from 11 years to life in prison. The ICTR, set to expire in 2010, was established to try genocide suspects for crimes occurring during the 1994 Rwandan conflict between Hutus and Tutsis in which approximately 800,000 people, primarily Tutsis, died. In May, Byron submitted a plan for the ICTR, which extends trial stages through 2009 and reserves the final year of the court's mandate for appellate orders and responses. In March, UN Secretary-General Ban Ki-Moon pledged his ongoing support for the ICTR and stressed that the international community must continue to combat genocide....

Ex-Guantanamo detainee lawyers request access to CIA 'black sites'
[JURIST] The lawyers for terrorism suspect Ahmed Ghailani on Tuesday requested access to secret prisons operated by the Central Intelligence Agency at which their client was held prior to his transfer to Guantanamo Bay. The motion asks Judge Lewis Kaplan of the United States District Court for the Southern District of New York to grant them access to "black sites" where they allege Ghailani was subjected to physical and psychological mistreatment. The lawyers said that evidence at the facilities must be preserved in light of the CIA's April decision to close secret prisons. Ghailani, who faces charges for his alleged involvement in the 1998 bombings of US embassies in Tanzania and Kenya, is the first Guantanamo detainee to be brought to the US for prosecution. Having been held at the Guantanamo facility since 2006 following his 2004 arrest in Pakistan, Ghailani was transferred to the US last month to face 286 separate counts including involvement in the bombings and conspiring with members of al Qaeda to kill Americans worldwide. He pleaded not guilty at his initial appearance. In a rare move last month, Kaplan tentatively granted Ghailani's request that his military lawyers be allowed to represent him in civilian court. The announcement that Ghailani would be tried in federal court came last month following the ordered review of all Guantanamo detainees pursuant to plans to close the detention facility....

White House accepts impeached judge's resignation
[JURIST] The White House on Monday accepted the resignation of impeached federal judge Samuel Kent from his seat on the US District Court for the Southern District of Texas. In a resignation letter submitted last week, Kent said he would step down by the end of June. Kent recieved a letter from White House Counsel Greg Craig saying that US President Barack Obama had accepted the resignation. Kent's termination comes amidst impeachment trial proceedings against him in the US Senate, which last week accepted articles of impeachment approved by the US House of Representatives earlier this month. Kent is the first federal judge to be impeached in 20 years, and only the thirteenth federal judge ever to be impeached. Last month, Kent submitted a letter of resignation that would have been effective June 2010, allowing him to collect his $174,000 annual salary and full health benefits until then. In May, Kent pleaded guilty to obstruction of justice charges in connection with the alleged sexual harassment of his secretary and former case manager as part of a plea agreement that prevented him from facing a criminal trial. Following his plea, he was sentenced to 33 months in prison and ordered to pay a $1,000 fine and $6,500 in restitution....

Europe rights court upholds Spain ban of Basque separatist parties
[JURIST] The European Court of Human Rights (ECHR) on Tuesday upheld  Spain's ban of Basque political groups Batasuna and Herri Batasuna for their alleged ties to Basque separatist group ETA. In Herri Batasuna and Batasuna v. Spain, the ECHR considered the political groups' argument that Spain's organic laws (LOPP), banning the Batasuna political groups in response to ETA terrorism, violated the their freedom to associate under Articles 10 and 11 of the European Convention on Human Rights. The court found that since Batasuna and Herri Batasuna had ties to the ETA, the purposes of the groups were contrary to the overall goal of democracy, and refused to extend international condonation to the possible terroristic threats that would be associated with the their re-formation. With regard to the appeal of Spanish electoral groupings associated with Batasuna that were seeking relief from the ECHR on grounds that their freedom of political expression was denied, the court reasoned in Etxeberria and Others v. Spain that since the dissolution of the political parties Batasuna and Herri Batasuna was lawful, the consequences to the electoral groups were foreseeable, warranted, and justified. If the rights of the electoral groups associated with the political parties Batasuna and Herri Batasuna had not been limited, the overall purpose of the LOPP would have been rendered ineffective. The court reached the same result in the case of Herritarren Zerrenda v. Spain. Zerrenda's standing as a candidate for the European Parliament was barred by LOPP.  In February, Spain's Supreme Court unanimously banned the Basque separatist political groups Democracy 3 Million (D3M) and Askatasuna from participation in the coming March elections. In September, the Supreme Court banned the Basque Nationalist Action Party (ANV) from taking part in any political activities in the country, because of its alleged ties to ETA. The Basque Region's prime minister was charged with illegally communicating with members of the Batasuna party in 2007, but that case was dismissed in January....

Netherlands high court upholds conviction of Saddam chemical weapons supplier
[JURIST] The Dutch Supreme Court on Tuesday upheld the 2005 war crimes conviction of a Dutch businessman convicted of selling chemicals used by former Iraqi dictator Saddam Hussein to create chemical weapons. Frans Van Anraat was convicted of selling 1,100 tons of thiodiglycol (TDG) to the Iraqi government in the 1980s, which was used to produce mustard gas used against Iraqis and Iranians during the Iran-Iraq War. The court found that the record, including Van Anraat's continuing role as Iraq's sole supplier of TDG after the death of 5,000 Iraqis in the 1988 Hajabla attack, showed that his participation was intentional. The court did not address damage awards for the victims of Saddam's gas attacks that had sued Van Anraat, saying the matter was "too complicated," and took six months off of Van Anraat's 17-year sentence to compensate for a long trial wait. Prior to the Supreme Court hearing the case, Van Anraat had appealed his conviction on charges of complicity in war crimes to the Court of Appeal, which also upheld the conviction in May 2007. Dutch prosecutors have appealed Van Anraat's acquittal on complicity in genocide charges, which carry an additional 30-year sentence if proven. Saddam Hussein also stood trial on genocide charges related to the Anfal Campaign, including the Halabja attacks, but was executed on unrelated charges before trial was complete....

EPA grants California request to regulate vehicle emissions
[JURIST] The Environmental Protection Agency (EPA) on Tuesday granted permission to California to enforce its own greenhouse gas emissions standards. EPA Administrator Lisa Jackson said that "the decision puts law and science first," and reinforces an automaker-backed agreement on tighter national vehicle emissions standards announced last month by US President Barack Obama. Referring to the previous denial of the waiver, Jackson said that Tuesday's decision marked a return to the "traditional legal interpretation of the Clean Air Act that has been applied consistently during the past 40 years." Granting the waiver allows California and 13 other states that have adopted California's standard to begin applying tighter restrictions to 2009 model year cars and light trucks, in advance of the 2012 national restrictions. California has been seeking permission from the EPA to set its own vehicle emission and greenhouse gas standards since 2005. The request was initially denied in December 2007, on the grounds that the regulations were aimed at addressing global climate change and that California was limited to "address pollution problems that are local or regional." The EPA reconsidered California's request earlier this year after being directed by Obama to do so. In May 2008, a report by the US House Committee on Oversight and Government Reform found that the Bush White House had influenced the March 2008 decision and that the administration later refused to turn over requested documents concerning the decision to the committee, citing executive privilege....

Minnesota high court declares Franken winner of US Senate race
[JURIST] The Minnesota Supreme Court on Tuesday declared Democrat Al Franken the winner of the state's 2008 US Senate race over incumbent opponent Norm Coleman. In an unanimous ruling, the court affirmed the April decision by the Minnesota State Court for the Second District, resolving the seven-month dispute. Both candidates had brought claims before the court over absentee ballots in their favor that they said were legally cast but wrongfully rejected. The lower court held that an April 7 order giving Franken 1,212,629 votes and Coleman 1,212,317 votes entitled Franken to be certified as the winner, and dismissed claims by Coleman that the count either included votes which had been counted twice, or should have included votes cast in his favor which still would not have given him more votes than Franken. In affirming that decision, the Supreme Court wrote, "we conclude that appellants have not shown that the trial court's findings of fact are clearly erroneous or that the court committed an error of law or abused its discretion." Minnesota Governor Tim Pawlenty said Sunday that he would certify Franken as senator if the court ruled in his favor. Amy Klobuchar (D-MN) currently serves as the sole senator of Minnesota. Absent a further challenge by Coleman to the US Supreme Court, Franken would become the 60th Democratic vote in the senate, making Democrats filibuster-proof.4:20 PM ET: Coleman has conceded....

Spain court suspends investigation into 2002 Israel bombing of Gaza Strip
[JURIST] A panel for Spain's National Court on Tuesday ordered an end to the investigation of alleged crimes against humanity committed by Israel in a 2002 attack on the Gaza Strip. The court reversed a May order by judge Fernando Andreu to continue the investigation despite legal challenges. The court sided with prosecutors who argued that the court lacked jurisdiction because Israel has already investigated the incident. Israel's Ministry of Foreign Affairs praised the ruling, but the Palestinian Centre for Human Rights, which brought the suit, said it planned to appeal the decision to Spain's Supreme Court. Last week, the Spanish Congress of Deputies voted 341-2 to limit use of the country's universal jurisdiction statute to those offenses committed by or against Spaniards, or where the perpetrators are in Spain. The doctrine had allowed courts to hear cases such as that against Israel, and its amendment would not change the status of cases brought before its passage. Earlier this month, human rights groups urged the Spanish government to continue the broad exercise of universal jurisdiction, but Israel, has long called for for changes to the practice. Universal jurisdiction has also been invoked by prominent Spanish judge Baltasar Garzon to bring several high-profile cases, including those against Osama bin Laden and former Latin American dictator Augusto Pinochet....

Federal judge dismisses Afghan Bagram detainee habeas petition
[JURIST] A federal judge on Monday dismissed a habeas corpus challenge brought by Afghan national Haji Wazir detained at Bagram Air Base without charges since 2002. Judge John Bates of the US District Court for the District of Columbia dismissed Wazir's petition, finding that Section 7 of the Military Commissions Act of 2006, outlining habeas corpus matters, did not violate the separation of powers principle laid out by the US Supreme Court in United States v. Klein. Bates had ordered rehearing on the Klein question in April, after granting habeas petitions filed by three non-Afghan detainees held at Bagram. Bates said Wazir's case required different consideration under Boumediene v. Bush, since his release was likely to cause "friction with the host country." Bates said he would not consider altering his April judgment in light of new evidence presented by Wazir without a motion for reconsideration under Federal Rule of Civil Procedure 59(e) or 60(b). Earlier this month, Bates certified and suspended his April order, allowing an interlocutory appeal on whether the detainees may invoke the Constitution's Suspension Clause. The DC District Court has been the venue for many habeas challenges, especially for Guantanamo detainees suspected of involvement with terrorism. In April, DC Circuit Judge Ellen Huvelle ordered that Afghan Guantanamo Bay detainee Mohammed Jawad, detained since he was a teenager, be allowed to challenge his detention in federal courts without delay. Last month, Jawad's military lawyers petitioned the Supreme Court of Afghanistan to demand his release from the facility. Also last month, former Guantanamo detainee Lakhdar Boumediene, whose Supreme Court challenge secured detainees' ability to challenge their detention in federal court, was released and sent to France....