[JURIST] Minority Shiites who make up about about ten percent of Saudi Arabia's population have petitioned King Abdullah [Wikipedia profile] for prisoner releases and equal opportunities a month after the new monarch in his first address to the nation [excerpts] pledged to "work for justice and serve all citizens without discrimination" [JURIST report]. The Shiites have complained about marginalization by the government and its links to Sunni religious conservatives who consider Shia beliefs to be heretical. Earlier this month, the King pledged to set up an independent human rights agency [JURIST report] to "protect human rights and spread awareness about them." Aljazeera has local coverage.

[JURIST] Wire services are reporting that a military jury at Fort Hood, Texas, has sentenced Pfc. Lynndie England [JURIST news archive] to three years in prison in connection with abuse of Iraq prisoners at Abu Ghraib. She was also given a dishonorable discharge. The sentence was substantially lighter than the nine years she faced under the full range of charges she was convicted on [JURIST report] Monday. Reuters has more.

[JURIST] An Egyptian court has adjourned the forgery trial of Ayman Nour [Wikipedia profile], the Egyptian opposition leader who was ordered to re-appear in court [JURIST report] earlier this week on charges connected to the submission of forged signatures [JURIST report]. The Cairo appeals court adjourned the case in response to a defense petition to move the case to another court on grounds that the original tribunal had impeded defense access to required evidentiary support. The court will rule on the request on October 8. AFP has more.

[JURIST] Antonio Guterres [Wikipedia backgrounder], the new UN High Commissioner for Refugees [official profile] and former Portuguese prime minister, said Tuesday that international awareness of internal refugee issues was increasing and that countries had started to act to set and fulfil obligations towards them. There are around twenty to twenty-five million internally displaced people (IDPs) [IDP watchdog website] worldwide, yet only nine million are recognized as "refugees" because they have crossed the border into another countries. Although border-crossing refugees are covered by the 1951 Convention on the Status of Refugees [text] which spells out the obligations of host countries and host agencies like the United Nations refugee agency [official UNHCR website], there is no legal equivalent outlining the rights of those who are displaced but remain within their own borders. There are general international guiding principles for the treatments of IDPs [GPID text], but Guterres said the UN was developing a new policy for this problem under which UN agencies and other humanitarian organizations would be given specific obligations to fulfil in the event of an IDP crisis. The UNHCR already handles some IDP situations on an ad hoc basis but the new policy would require the organization to manage camps, provide shelter and protect those in danger of persecution. The move reflects evolving international attitudes to sovereignty and mirrors recent UN General Assembly resolutions which emphasize that governments have a duty to protect their citizens. Guterres said that countries cannot refuse to act just because their refugees haven't crossed a frontier. Internally displaced persons from various regions in Africa and Asia have been in the news lately, and legal scholars and rights groups have pointed out that in the US the Hurricane Katrina evacuees qualify for IDP status and protections [JURIST report], despite the Bush administration's resistance to the suggestion. Reuters has more.

[JURIST] Pfc. Lynndie England [JURIST news archive] Tuesday apologized for posing for pictures with humiliated Iraqi prisoners, saying that she had been used by her then-boyfriend Spc. Charles Graner [JURIST news archive; after his own conviction in January for abusing prisoners Graner was demoted to Private]. As the sentencing phase of her trial following her Monday conviction on six of seven abuse-related charges [JURIST report] got under way at Fort Hood Texas, a military jury of officers also heard testimony from Stjepan Mestrovic, a sociology professor at Texas A&M University, that officers' failure to control guards at Abu Ghraibprison created a chaotic environment that allowed England to participate in the abuse. Graner later corroborated Mestrovic's testimony, saying he once severely beat a prisoner while intelligence personnel watched. Defense psychologist Xavier Amador added that England suffered from post-traumatic stress disorder [backgrounder] and was prone to depression. Her pre-existing psychological condition, combined with her romantic relationship with Graner, affected her ability to discern right from wrong. AP has more.

[JURIST] In Tuesday's environmental law news, the European Commission [official website] has approved a plan [EC press release, EC backgrounder] to add international airline flights to the European Union's carbon dioxide (CO2) emission trading scheme (ETS) [EU backgrounder]. The ETS sets an overall cap on CO2 emissions, and participating industries can buy and sell emission allowances as needed. Previously, domestic European flights were included, and the proposal is expected to draw criticism from foreign airlines that fly from the EU to other countries. From London, the Independent has more.

In other environmental law news...

• Malaysian Deputy Environment Minister Dato Sothinathan [official department website] has called on the Indonesian government to take steps to prevent wildfires which cloak nearby Malaysia and Singapore in smoke. The steps include ratifying a 2002 agreement aimed at preventing haze caused by wildfires, a burn ban during the dry season, and a crackdown on arsonists and irresponsible plantation owners. AP has more.

[JURIST] The Pentagon announced Tuesday that David Hicks [Wikipedia profile], the only Australian held at the US terror suspect detention camp at Guantanamo Bay [JURIST news archive], will go to trial before a special military commission on November 18, about a month later than earlier expected [JURIST report]. Hicks was captured in Afghanistan in 2001, and is accused of fighting alongside the Taliban militia against US-led forces. He faces charges [charge sheet, PDF] of conspiracy, attempted murder by an unprivileged belligerent and aiding the enemy. In July the US DC Circuit Court of Appeals, in the case of Hamdan v. Runsfeld, upheld the constitutionality of the military tribunals [JURIST report] under which Hicks will be tried. AFP has more.

[JURIST] The embattled chief of the New Orleans Police Department [official website] resigned his position Tuesday on the same day he announced the establishment of a special tribunal to contend with the nearly 250 New Orleans police officers who went missing from their posts [JURIST report] in the wake of Hurricane Katrina [JURIST news archive]. Police Superintendant Eddie Compass said a panel of four Assistant Police Chiefs would hear their cases, and those found to have deserted would have an opportunity to appeal. New Orleans Mayor Ray Nagin [Wikipedia profile] said that the New Orleans City Attorney would review the Police Department's plan to ensure it did not violate civil service regulations. Lieutenant Ray Banelli, president of the Police Association of New Orleans [official website] insisted that only a small fraction of police officers deserted their posts, while a vast majority were tending to legitimate family and safety concerns. Compass's resignation comes after weeks of criticism of the police department's response to the hurricane and the disorder that followed. Neither Compass nor Nagin has said whether Compass was pressured to resign. AP has more.

[JURIST] Leading Tuesday's states brief, the Washington Supreme Court [official website] heard oral arguments today on whether the 1.4% motor vehicle excise tax approved by voters in November 2002 for the financing of Seattle's Monorail Project [official website] is illegal. Currently, Seattle Mayor Greg Nickels [Mayor's press release] and the city council [Mayor's press release] have dropped support for the monorail, but a proposal for a shorter monorail line will be on the November ballot. Regardless of whether the project is developed or not, the tax will have to be in effect for two and a half years to cover existing debt. Opponents argue the tax is arbitrary because the cars are assessed at a higher value than Kelly Blue Book value. Washington's KOMO-TV has local coverage.

In other state legal news ...

• A Nebraska court of appeals ruled [PDF text] Tuesday that a 44-year-old woman could not sue for alleged sex abuse that occurred during her attendance at a parochial school in the 1970s because Nebraska's four year statute of limitations for such lawsuits begins to run for minors when they reach 21. The alleged 1970s abuse occurred when the woman was between the ages of ten and twelve. AP has more.
  
  
• Arkansas Attorney General Mike Beebe [official website] has certified a proposal authorizing gambling and lotteries in the state, and now Representative Charles Ormond [profile] may collect signatures in an attempt to place the proposal on the November 2006 ballot. The proposal would amend the Arkansas state constitution [text] to allow a statewide lottery and gambling in counties that authorize it. More than 80,000 signatures will be required to place the proposal on the ballot. This year the Legislature declined to refer the proposal to the ballot. The Arkansas News Bureau has local coverage.

[JURIST] The Mississippi Legislature [official website] convened for a special session Tuesday to begin work in the aftermath of Hurricane Katrina [JURIST news archive]. Gov. Haley Barbour [official profile] addressed lawmakers [AP report; full transcript] at the session and challenged them to help rebuild coastal areas devastated by Katrina. One of the most contentious aspects of the rebuilding effort is the legal question of whether formerly river-based casinos should be allowed to move to land in the state. Under the Mississippi Gaming Control Act [text], the state's 13 casinos are restricted to the Mississippi or the Gulf of Mexico, which left the lucrative barges helpless under winds and surges caused by the storm. Barbour proposed allowing casinos to build inland up to 1,500 feet, if facilities remained touching the water. Barbour also proposed other legislation to provide relief for schools and small businesses hit by the hurricane. The State of Mississippi has more on recovery efforts [relief website]. From Jackson, the Clarion Ledger has local coverage. AP has more.

[JURIST] The European Commission [official website] Tuesday withdrew 68 pieces of pending legislation [legislation withdrawn, PDF] as part of its initiative [EU backgrounder] to cut back on regulatory restrictions on EU businesses. A review committee led by EU Enterprise and Industry Commissioner Guenter Verheugen [official profile] reviewed 183 legislative proposals currently pending in the European Parliament. Some of the more notable measures to be cut included a weekend ban on truck traffic and certain food labeling requirements. European businesses previously expressed some skepticism [EU Observer report] about the initiative and argued that much of the legislation set to be cut would have been scrapped anyways. Instead, industry called on the European Commission to go farther in its efforts. The European Commission has a news release on the results. The Commission has said it will continue its efforts to simplify regulation by reviewing legislation [EU backgrounder] currently on the books. AP has more.

[JURIST] White House spokesperson Scott McClellan said [official transcript] Tuesday that President Bush is close to completing the process of picking the next Supreme Court nominee. According to McClellan, the President has met with 50 Senators, including all but one member of the US Senate Judiciary Committee [members roster]. He is currently expected to announce his choice to replace retirring Justice Sandra Day O'Connor [Wikipedia profile], shortly after the Senate votes on confirming Judge John Roberts, Jr. [Wikipedia profile; JURIST news archive] as Chief Justice on Thursday. AP has more.

[JURIST] The trial of 16 former Parmalat [corporate website; Wikipedia backgrounder] directors and executives, including the company's founder and former chairman Calisto Tanzi [OpenFacts profile; JURIST report], is set to open in Milan Wednesday, nearly two years after massive accounting fraud was uncovered at the Italian dairy giant. The 16 are accused of artificially boosting Parmalat's stock prices, misleading regulators and falsifying accounting information. Tanzi faces a maximum five-year prison sentence if convicted. Parmalat filed for bankruptcy in 2003 after revealing that a $5 billion bank account it claimed it held did not exist and that its debt had reached $18 billion. Prosecutors charged 27 people in the accounting scandal, and 11 pleaded guilty [JURIST report] in June. Prosecutors have also pursued accounting firms Deloitte & Touche and Grant Thornton and several banks, including UBS AG, Citigroup and Morgan Stanley for their alleged roles in the fraud. Prosecutors in Parma may also seek to bring more serious charges against the 16 to stand trial. AP has more.

[JURIST] In a televised interview Tuesday, Russian President Vladimir Putin [official website] stated he foresaw no major changes to the Russian Constitution [English translation] while he was in office. Putin's statement comes after proposed legislation [JURIST news report] that would have allowed Putin to serve as president after his second term concludes in 2008, if he were to step down before the conclusion of his current term and the 2008 election were declared invalid. Without the proposed legislation or a constitutional amendment, Putin is constitutionally barred from seeking a third term. Last year, Putin expressed his reluctance in amending the constitution [JURIST report] in order to restructure the Russian government. When asked Tuesday if he would call for a national referendum on the issue, Putin suggested that he would not, because any radical changes to the constitution would be inconsistent with the "long-term development" of the country. Putin's answer was a part of an almost three-hour interview [Russian transcript], in which he answered questions posed by pre-selected "representatives of the people." AP has more. MosNews has local coverage.

[JURIST] Belgian Foreign Minister Karel de Gucht has formally asked that Guy Theunis, a Belgian priest, be brought to Belgium to face trial for his alleged role in the Rwandan genocide [Wikipedia backgrounder; JURIST news archive]. Earlier this month, Theunis was the first foreigner to be brought before community gacaca courts for crimes relating to the 1994 genocide. His case was subsequently referred to a higher court that has authority to impose the death penalty for genocide crimes, which then charged Theunis with inciting and planning genocide [JURIST report]. Under de Gucht's proposal, a Belgian judge would investigate the charges before deciding whether to prosecute Theunis. Rwanda's foreign minister has said that the country will consider Belgium's request but said that Rwanda would need guarantees about how the investigation would be carried out. BBC News has more.

[JURIST] Missouri Judge Charles Atwell [official profile] has issued a further temporary restraining order against Missouri's abortion law [SB 1 text], the second TRO to be issued since the law was signed eleven days ago. Atwell said a provision allowing parents to sue people who helped their minor daughters get abortions without their consent would unconstitutionally restrict the right to free speech [LII backgrounder] of abortion-provider Planned Parenthood [advocacy website]. Earlier this month, a federal judge reached essentially the same finding and also issued a temporary restraining order [JURIST report]. The federal court, however, also struck down the law's provision which affected the clinical privileges of physicians who perform abortions. AP has more.

[JURIST] The European Parliament [official website] Tuesday Tuesday a joint proposal by several EU governments to retain phone and e-mail data [JURIST report] for up to three years for use in anti-terror investigations. The parliament said the proposal from Britain, France, Sweden and Ireland that was introduced last year and pressed in the wake of the London bombings [JURIST report] in July did not establish the need for such strict EU-wide rules and expressed concern that the plans could violate citizens' privacy rights [EP press release]. The EU will instead focus on a European Commission [official website] counterproposal [press release] featuring a shorter retention periods - one year for phone records and six months for e-mail records. AP has more.

[JURIST] Influential Shiite cleric Grand Ayatollah Ali al-Sistani [official website] has denied reports that he will issue a fatwa [JURIST report], or religious edict, telling Shiite Muslims to vote "yes" in the upcoming referendum on the Iraqi constitution [English translation; JURIST news archive]. Rather, Al-Sistani said in a statement reported by the Pentagon-backed Iraqi TV channel al-Iraqiya [media website] that he only intended to invite "voters to vote, yes," but did not intend to order Shiites to vote 'yes' in favor of constitution. The fatwa, al-Sistani insisted, was only instructing Iraq's Shiites that it was their religious duty to vote in the country's landmark elections scheduled for October 15. AKI has more.

[JURIST] Four merchant groups have filed an antitrust lawsuit against Visa [corporate website], Mastercard [corporate website], and dozens of major banks, over interchange fees, which retailers pay to issuing banks to receive payment for transactions involving the banks' cards. The fees, says Hank Armor of the National Association of Convenience Stores (NACS) [group website], serve "as a hidden tax, both on merchants and consumers, and raises costs of all products." The plaintiffs, NACS, the National Association of Chain Drug Stores [group website], the National Community Pharmacists Association [group website] and the National Cooperative Grocers Association [group website], represent the operators of over 138,000 convenience stores, 60,000 pharmacies and 120 cooperative groceries. The defendants include Bank of America, Citigroup and JPMorgan Chase, among the largest US credit card issuers. Representatives from Visa called the fees a "fair mechanism for fueling growth and sharing system costs," while Mastercard issued a statement chiding the plaintiffs' suit as "another example of merchants wanting the benefits of accepting payment cards without having to pay for the value of the services they receive." Reuters has more.

[JURIST] The rate of illegal immigration into the United States has increased despite tighter security measures in place since the September 11 terror attacks, but only at a pace that parallels the rate of economic growth, according to a report [PDF text] released Tuesday. The report from the Pew Hispanic Center [organization website], a nonpartisan research organization, found that the implementation of tighter security measures [JURIST report] has created processing backlogs and delays that have hindered legal immigration [JURIST news archive], while the lure of high-paying jobs has continued to attract both legal and illegal immigrants into the United States [US CIS guide]. Tighter security measures, however, have led to an overall decrease in the level of legal immigration into the US. The report comes one month after the governors of New Mexico and Arizona declared states of emergency in order to free up money to combat illegal immigration. Four California lawmakers also announced last month their intent to introduce legislation [JURIST report] that would declare a state of emergency to deal with illegal immigration from Mexico. AP has more.

[JURIST] The US Supreme Court [official website] granted certiorari Tuesday in several cases, including a review of how states use tax incentives to attract companies that will create jobs in their regions. In DaimlerChrysler Corp. v. Cuno, the Court will consider an appeal of ruling [PDF text] from the Sixth Circuit that Ohio's investment tax credit program is unconstitutional. AP has more. Also among the cases the Court agreed to hear is Vermont Republican State Committee v. Sorrell, where the Court has been asked to overturn [JURIST report] a federal appeals court ruling that upheld Vermont's 1998 campaign finance law limiting spending in all state races. AP has more. Read the Court's full Order List [PDF].

[JURIST] Two-thirds of the $1 billion distributed to US companies from 2001 to 2004 under the Continued Dumping and Subsidy Offset Act (CDSOA) [text], otherwise known as the Byrd Amendment, went to only three industries - ball bearings, candles and steel - according to a Government Accountability Office report [PDF text] released Monday. The law allows US companies who have successfully alleged unfair pricing claims against foreign competitors to get the benefit of higher penalty tariffs placed on competitors, as well as receiving the actual proceeds from the tariff. The World Trade Organization has held the law to be a violation of global trade rules [JURIST report] and has authorized certain countries to impose up to $134 million in retaliatory tariffs [JURIST report] on a wide range of US exports. Chairman of the House Ways and Means Committee Bill Thomas said the law "has provided windfall subsidies to a handful of large corporations while other US companies have paid the price." However, the law is unlikely to be repealed [JURIST report] because it has strong support in Congress. AP has more.

[JURIST] Television and newspaper reports of widespread crime and violence in the days following Hurricane Katrina [JURIST news archive] are proving to be largely unsupported or exaggerated, according to recent reports by journalists and officials. The New Orleans Times-Picayune reported Monday that news stories of rapes, murders, sniper attacks and body counts after the hurricane have not been substantiated; only four homicides in New Orleans have been confirmed since Katrina, a number that is consistent with the city's average 200 murders per year. Even atrocities detailed by public officials are proving to be unsubstantiated by the evidence. In interviews, Police Chief Eddie Compass reported rapes of babies and Mayor Ray Nagin mentioned hundreds of armed gang members killing and raping people inside the Superdome. Compass later said the rumors damaged authorities' ability to respond to the devastation by misdirecting scarce resources. A Times-Picayune editor blamed the false reports on lack of communication due to downed phone lines and rampant rumor spreading among the city's stranded residents. The Los Angeles Times has more.

[JURIST] Leading Tuesday's international brief, China's Supreme Peoples' Court [official website] regained the power to review death sentences on Tuesday, after nearly six months of intense criticism of the old process, which allowed regional courts to review death sentences. Chinese media highlighted nearly a dozen cases over the last six months of miscarriages of justice, including two sensational cases where the alleged murder victims later turned up alive, one after the execution of her 'murderer.' The Supreme Peoples' Court will create three criminal trial courts to review all death sentences in the nation. China executed an estimated 3,400 individuals in 2004, more than all other nations put together. JURIST's Paper Chase has continuing coverage of China [JURIST news archive]. BBC News has more.

In other international legal news ...

• The European Parliament [official website] is hearing final speeches on the proposed Common Asylum Standard Directive [EU asylum backgrounder] and is expected to vote late Tuesday or early Wednesday on the plan designed to prevent 'asylum shopping' in Europe. Currently, EU member nations all have individualized asylum policies, leading to some nations being perceived as having 'easier' entry standards than others, resulting in asylum seekers avoiding countries known to have difficult asylum laws and concentrating on others. The Common Asylum Standard Directive would normalize all refugee and asylum laws throughout the EU, with a stated goal of distributing the load of asylum seekers evenly across the EU member nations. The Directive, already heavily amended, also includes provisions on fingerprinting applicants to determine if they've applied elsewhere before, and will also remove the practice of having designated "safe" countries outside the EU that EU nations can deport failed applicants to without violating the European Convention on Human Rights [official text]. JURIST's Paper Chase has continuing coverage of the European Union [JURIST news archive]. BBC News has local coverage.
  
  
• Following the filing of a civil case against the Nepal government one and a half years ago, the Nepal Supreme Court [official website] has ordered the Nepalese Ministry of Women, Children and Social Welfare to take all necessary steps to abolish the cultural practice of "Chhaupadi" [Wikipedia backgrounder] and to ensure that it is branded as an 'evil practice' throughout Nepal. The cultural custom was declared by the court on Monday to be significantly discriminatory towards women and a violation of the equal rights that women enjoy under the Nepal Constitution [official text]. The Nepalese Ministries of Health and Local Development have been tasked with studying the effects of the chhaupadi system and educating the populace about its impact on women. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Nepalnews has local coverage.

[JURIST] A woman who was ordered by a British court to destroy frozen embryos produced with her former partner is taking her case to the European Court of Human Rights [official website] Tuesday, claiming the refusal to allow her to implant the embryos is a breach of the European Convention on Human Rights [PDF text], which protects the "right to family life," and violates discrimination laws by allowing one partner to make the final decision. Natallie Evans and her former partner Howard Johnston created the six embryos in 2001 after Evans was diagnosed with ovarian cancer and began treatment which would make her infertile. When the couple split up, Johnston revoked his consent for use of the embryos. The Human Fertilisation and Embryology Act [text] requires consent of both partners at all stages of the IVF process. Evans has exhausted her UK legal options; an appeals court dismissed her claim [JURIST report] last year and the UK's highest court has refused to consider the case. This is the first fertility treatment case to be considered by the human rights court. A decision is not expected until early 2006. The Guardian has more.

[JURIST] Egyptian Prime Minister Ahmed Nazif [Wikipedia profile] told newly-appointed US Undersecretary of State for Public Diplomacy Karen Hughes Monday that his government plans to lift the state of emergency [EOHR backgrounder] that has been in place in the country for 24 years. Nazif told Hughes that the process would "take some time because it involves legal and constitutional challenges" but said that his government was committed to lifting the restrictive law. Newly re-elected [JURIST report] Egyptian President Honsi Mubarak [official profile] and other candidates made campaign promises to end the state of emergency [JURIST report], which he imposed in October 1981 following the assassination of his predecessor Anwar Sadat [Wikipedia profile]. Mubarak promised to replace the state of emergency with laws that place fewer restrictions on civil liberties. Hughes, a longtime Bush advisor, was on a tour of Egypt [JURIST news archive] as part of a plan to improve the image of America in the Arab world. AFP has more.

[JURIST] New Jersey Attorney General Peter C. Harvey filed lawsuits Monday against Hess [corporate website; PDF complaint], Shell [corporate website; PDF complaint], and Sunoco [corporate website; PDF complaint], alleging that the oil and gas giants and several independent gas-station owners illegally hiked prices in the days surrounding Hurricane Katrina [JURIST news archive]. The separate suits, believed to be the first civil actions in the US responding to recent rising gasoline prices, allege [NJ AG press release] that the companies violated New Jersey's Motor Fuels Act [text] and Consumer Fraud Act [text] by failing to display sale prices and making multiple price increases within a 24-hour period. The defendants are also charged with failure to maintain books and records, failure to provide access to books and records to regulators, engaging in unconscionable commercial practices and violating advertising regulations. The cases arose after widespread complaints from motorists that some dealers were raising gas prices several times a day. The state will also sue several independently-owned Citgo [corporate website] stations. Violations of the Consumer Fraud Act, which include unconscionable commercial practices and false or misleading advertising, carry a penalty of up to $10,000 for a first offense and up to $20,000 for subsequent offenses. Violations of the Motor Fuels Act carry a $50 to $200 penalty. Harvey said the state is taking a hard-line approach because consumers are at the mercy of gasoline suppliers and retailers. The Newark Star Ledger has more.

[JURIST] Australian state and territory leaders Tuesday agreed to strict new anti-terror measures [official news release] proposed by the federal government of Prime Minister John Howard [official profile] which include detaining terror suspects for up to 48 hours without charge and using electronic tracking devices to keep tabs on suspects. There was also agreement Tuesday to tighten citizenship laws to make new immigrants wait three years rather than two before eligibility. The new measures, originally proposed in the aftermath of the London bombings [JURIST news archive], have drawn widespread criticism [ABC report] from Australian rights groups, and moderate Australian Muslims have called the proposed laws unfair [IslamOnline report], saying they could contribute to the development of a fascist state. The country's National Counter-Terrorism Committee [official website] will now draft amendments to Australia's Criminal Code to reflect Tuesday's agreement. Australia's ABC News has local coverage. Reuters has more. The Australian government provides background material and advice on Australian national security [official website].

Previously in JURIST's Paper Chase...

• Australian PM rejects claim that new terror laws target Muslims
• Australia reconsiders stripping citizenship in proposed terror laws
• Australian rights group says terror proposal could violate international obligations
• Australian lawyers group opposes proposed terror laws as 'draconian'
• Australia announces proposed tightening of anti-terror laws
• Australian PM considers tougher anti-terror laws, plans terror summit

[JURIST] US District Judge Jed. S. Rakoff Monday denied government claims that he was interfering with the president's constitutional authority to wage war when he ordered that Guantanamo Bay [JURIST news archive] detainees [AP detainee list] be asked if they want their names to be publicized. The government objected to this procedure last month when Judge Rakoff first ordered the Defense Department to ask permission from the detainees before making their names public. In April, the Associated Press filed suit [AP report] asking for transcripts of 558 tribunals to give detainees the opportunity to challenge their incarceration at Gitmo. The government released the required documents [JURIST report] but redacted information on the identity of each detainee, and the government had argued that the identities of the Gitmo detainees should be kept secret for privacy reasons. Later the government then argued that questioning the detainees encroached on the relationship between the military and enemy combatants. Rakoff rejected this argument outright Monday, giving the government until October 14 to question the detainees and until October 28 to summarize the responses to the court. AP has more.

[JURIST] A New York court Monday commenced proceedings in the civil trial arising out of the 1993 truck bombing of the World Trade Center [Wikipedia backgrounder]. The court will need to determine whether the Port Authority of New York and New Jersey [official website] is liable for their failure to act on several warnings that the World Trade Center was vulnerable to attack before Islamic militants exploded a truck bomb in an underground parking garage in 1993, killing six and injuring more than a thousand. The plaintiffs argue that the underground parking garage was left unguarded even when presidential limousines and the Secret Service's ammunition were stored there and that security assessments made by the Port Authority predicted the attack. In response, the Port Authority claims that it received no specific threat or intelligence report to anticipate the blast. If the Port Authority is deemed liable, this could open up the floodgates for separate suits from hundreds of victims and business owners. Reuters has more. Islamic militant Ramzi Yousef was found guilty in 1997 of masterminding the 1993 WTC attack.