[JURIST] US Attorney General Alberto Gonzales Monday announced [US DOJ statement] the first US extradition of an indicted criminal from Afghanistan. Baz Mohammad, designated a "foreign drug kingpin" under the Foreign Narcotics Kingpin Act of 2005 [official overview] on June 1 2005, was described by US DOJ officials as a "Taliban-linked narco-terrorist". According to an unsealed indictment filed in the US District Court for the Southern District of New York, he is accused of controlling large Afghan opium fields and importing more than $25 million worth of heroin into the US since 1990. If convicted, Mohammed faces a minimum of 10 years in prison. The US Attorney's office has issued a press release.

[JURIST] The UN Security Council announced [presidential statement text] Monday that it would implement UN Secretary-General Kofi Annan's recommendations and organize international discussions on whether Kosovo [UN Interim Administration website] should be independent or remain a province of Serbia. Annan said [text] last week that he was likely to appoint former Finnish President Martti Ahtisaari [Wikipedia profile] as a special envoy to the UN in charge of the status talks. The Council also repeated their goals for the talks, which include protecting minorities, decentralizing the government, reforming local governments, implementing democratic reforms, and creating safe and secure conditions within Kosovo that would encourage a significant amount of Serbs to return to the war-torn area. Reuters has more.

[JURIST] A senior Iraqi official told Reuters Monday that the trial of Saddam Hussein [JURIST archive] is unlikely to make significant headway before the December 15 parliamentary elections. "The hearing on November 28 - if it happens at all - won't last more than two or three hours before it's adjourned again until after the election, or indeed until a new government is formed," he predicted. The trial began on October 15 [JURIST report] with Saddam pleading not guilty to all charges, but after three hours of proceedings the judge presiding over the Iraqi High Criminal Court, formerly the Iraqi Special Tribunal [JURIST news archive], adjourned the trial [JURIST report] until the November date. Although judges took evidence from a dying witness [JURIST report] Sunday, defense lawyers have said they will boycott further proceedings until the trial is moved out of the country [JURIST report] or authorities solve the murder of Saadoun Sughaiyer al-Janabi, a lawyer for one of Saddam's co-defendants who was kidnapped and killed by assailants late last week. Reuters has more.

[JURIST] European Commission [official website] officials are preparing to warn Bulgaria and Romania [EU profiles] that the 2007 scheduled entry of both countries into the European Union [JURIST news archive] may be delayed until 2008 if both nations do not promptly act to address corruption and human rights violations, according a draft report obtained by Reuters. The report also calls for increased efforts to strengthen border controls and eliminate human trafficking and counterfeiting. A formal recommendation to EU governments on the matter is expected in April or May of next year. Reuters has more.

[JURIST] A spokesman for Iraq's Ministry of Human Rights said Monday that 565 prisoners would be released from Abu Ghraib prison [JURIST news archive] before the Muslim religious holiday of Al-Fitr [Wikipedia backgrounder] at the end of the holy month of Ramadan. This release follows an earlier release of more than 1500 prisoners [JURIST report] at the beginning of Ramadan. More than 10,000 prisoners remain at the facility. AFP has more.

[JURIST] Syrian lawyers and judges have protested in Damascus against the UN report [text] on the assassination of former Lebanese Prime Minister Rafik Hariri [JURIST archive] suggesting that his murder was sanctioned by the Syrian government. Members of the Syrian Bar Association marched Sunday after endorsing a letter to UN Secretary General Kofi Annan challenging the report's neutrality. In the letter, the Association challenged the methodology used during the investigation and contended that the report was riddled with "legal mistakes", charging that UN investigators relied on the testimony of numerous witnesses who are political foes of Syria, and intentionally ignored the potential role Israel played in the assassination. On Saturday, Hariri's son Saad al-Hariri praised the report [JURIST report] and called for an international trial to punish those responsible for his father's death. Civil servants and students took to the streets of Damascus Monday to add their own voices to the protests. Arabic News has more.

[JURIST] Jordan and Britain announced Monday that the two countries have agreed to allow Adalah ("justice" in Arabic) [advocacy website], an independent human rights organization, to monitor the treatment of suspects detained pursuant to a recent UK/Jordan extradition agreement [JURIST report]. The decision comes after increased criticism following allegations that deportees could be tortured [HRW report]. The deal is likely to be used to extradite radical London-based Muslim cleric Abu Qatada as part of a crackdown on Islamists in the wake of the London bombings [JURIST news archive] this summer. Aljazeera has more.

[JURIST] Speaking before the UK Joint Parliamentary Committee on Human Rights [official website] Monday, UK Home Secretary Charles Clarke [official profile] said that new anti-terror legislation [JURIST document] recently proposed by the government would have a direct impact on militant animal rights groups that encourage deadly radical behavior. A senior FBI official testified to the US Congress in May that radical environmental and animal rights groups using violence were the top US domestic terror threat [JURIST report]. Clarke also told the parliamentary committee Monday that his office would consider clarifying the definition of "glorification" of terrorist acts under proposed anti-terror legislation and would review existing policy on the use of deadly force by police officers after he receives official investigation results from the Independent Police Complaints Commission [official website] into the fatal shooting of Brazilian national Jean Charles de Menezes [JURIST report] in July after he was mistaken for a suicide bomber. BBC News has more.

[JURIST] US President George W. Bush, citing confidentiality, said on Monday he would not release any records of his conversations with Supreme Court nominee Harriet Miers [JURIST news archive] regarding advice Miers gave him while acting as his lawyer. Bush said to reporters that it was "a red line" he was "not willing to cross," a decision that could prompt a battle between the White House and lawmakers on both sides of the aisle. Both Republicans and Democrats on the Senate Judiciary Committee are pushing for more documents on Miers [JURIST report], including papers from her work as Bush's counsel. Bush has declined to turn over internal documents before, including ones sought by Democrats prior to the Senate hearing that led to the confirmation last month of John Roberts [JURIST report] to the nation's highest court. AP has more.

ALSO ON JURIST  Op-ed: Is Miers Skepticism Sexist? | Op-ed: Two Cheers for Harriet Miers

[JURIST] Former Rwandan army officer Col. Theoneste Bagosora [profile], accused of being the "mastermind" behind the country's 1994 genocide [BBC backgrounder], took the witness stand Monday at the International Criminal Tribunal for Rwanda (ICTR) [official website] and denied a role in the killing of as many as 800,000 people. Bagosora said that "the accusation that I masterminded the genocide is malicious and meant to ruin my name." Bagosora and three other military leaders, Gratien Kabiligi, Anatole Nsengiyumva and Aloys Ntabakuze, are being tried together and all have pleaded not guilty to charges of genocide and crimes against humanity. Prosecutors maintain that Bagosora oversaw the killings from his office in the Ministry of Defense during the tumultuous period following the death of President Juvenal Habyarimana [Wikipedia profile], whose plane was shot down as it attempted to land in Kigali in April 1994. Since its inception ten years ago, the ICTR has indicted 81 people, convicted 22 and acquitted three. AP has more.

[JURIST] A Russian NGO said Monday that a group of Russian human rights activists have urged Russian ombudsman Vladimir Lukin [profile] to work to secure the transfer of jailed Russian oil tycoon Mikhail Khodorkovsky [MosNews profile; JURIST news archive] and his business partner Platon Lebedev from penal colonies in Siberia to prison camps in Moscow or the surrounding area. The call to Lukin, made by a group of artists, lawyers, politicians, and others, said that Khodorkovsky and Lebedev were treated in a highly unusual manner and had their rights violated when they were placed in remote labor camps [BBC prison profile] after receiving 8-year sentences in a process that many saw as politically motivated [JURIST report]. MosNews has more.

ALSO ON JURIST  Op-ed: A Wake-up Call: Khodorkovsky and the Rule of Law in Russia

[JURIST] A major Nepalese radio station appealed to the country's Supreme Court Sunday after its office was raided and equipment seized [AP report] by Nepalese police on Friday. Kantipur FM filed a writ to the court to condemn the raid and to stop the government from implementing a press ordinance that prohibits FM radio stations from broadcasting. Most FM radios stopped broadcasting Monday in deference to the law approved [JURIST report] by King Gyanendra [BBC profile]. The ordinance has also been opposed by the Nepalese Bar Association and the Federation of Nepalese Journalists. Kantipur FM has been a staunch critic of the government since Gyanendra took over the government [JURIST archive] in February and suspended press freedoms under an emergency statute. PTI has more.

[JURIST] Australian Capital Territory Chief Minister Jon Stanhope [official website] says he has a "growing concern" that the federal government's proposed anti-terrorism legislation [PDF text] does not meet international standards for political and civil rights. After posting a confidential copy of the draft bill [JURIST report] on his website last week, Stanhope says he is pleased to participate in continued negotiations over the text, but may not be willing to abide by restrictions [PDF text; ACT press release] imposed on the states and territories for receiving further drafts. Stanhope said he is still considering the constitutionality of the bill and "whether or not the Prime Minister has kept the promise he made...that the anti-terrorism bill would be consistent with the International Covenant on Civil and Political Rights".

Stanhope had previously requested that experts in human rights and international law from the University of New South Wales and Australian National University provide him with advice [PDF text] on the human rights implications of the bill. Focusing on provisions dealing with preventative detention and control orders, the three experts concluded that the provisions breached Australia's obligations under the ICCPR [text]:

a. The preventative detention order regime breaches the human rights to be free from arbitrary detention and to due process and cannot be said to be subject to an effective procedure of judicial review that provides adequate safeguards against violations of the human rights of the person affected.

b. The control order regime breaches the rights to be free from arbitrary detention, to a fair trial, to freedom of movement, to privacy and family life, and to the presumption of innocence.

[JURIST] The FBI has conducted secret surveillance of US citizens and legal residents for up to 18 months without notifying the Justice Department, according to documents [PDF] released Monday by the Electronic Privacy Information Center (EPIC) [official website]. EPIC made a request [PDF text] under Freedom of Information Act [text] for documents relating to the FBI's use of Patriot Act [text] provisions, and has obtained documents that describe thirteen cases of alleged FBI misconduct during intelligence activities between 2002 and 2004. The documents reveal hundreds of FBI investigations into potential violations in secret surveillance operations, which have increased since September 11, 2001. Most of these cases involve powers derived from the Foreign Intelligence Surveillance Act [text], which provides regulations for judicial oversight of surveillance and physical searches of suspected international terrorists or persons engaged in espionage. Congress is currently considering [JURIST report] whether to put new restrictions on the Patriot Act and, in a letter [text] Monday to the US Senate Judiciary Committee, EPIC asked for greater congressional oversight of the FBI's surveillance activities. The FBI contends that most of the cases involve administrative errors rather than major violations of Department of Justice guidelines and have not affected the civil rights of those surveyed. The Washington Post has more. EPIC provides additional documents obtained from its Patriot Act FOIA litigation.

[JURIST] A former Guantanamo Bay [JURIST news archive] detainee was arrested in Russia's Caucasus yesterday after evidence surfaced that he was involved in a rebel attack there last week. Rasul Kudayev was one of seven Russian nationals arrested by US troops in Afghanistan, and was released from Guantanamo in March 2004 and turned over to Russian officials. He was subsequently released from Russian custody when officials could not connect him to any crimes, and has been living in Nalchik for the past 18 months. Kudayev's arrest is part of Russian security efforts to hunt down those involved in the October 13 attack [BBC report] on police and army buildings in Nalchik, the capital of Kabardino-Balkaria, [BBC profile] a Russian Federation republic in the North Caucasus. The raids, which resulted in the deaths of 36 people, were carried out by 200 rebels who have been linked to Chechen militants. Mosnews has local coverage.

[JURIST] Sanjar Umarov [official profile], head of Uzbekistan's Sunshine Uzbekistan [party website] opposition coalition, was arrested and charged with corruption Sunday. The state prosecutor's office has said that Umarov is charged with stealing money through his business dealings, though Sunshine Uzbekistan officials say Umarov had no remaining business interests in Uzbekistan [JURIST news archive]. Umarov has been critical of President Islam A. Karimov [BBC profile], warning that the nation was headed for financial and social ruin. Last week, Umarov called on parliament to begin talks with the opposition over Karimov's hard line policies, but the government has banned most opposition parties and rarely tolerates public criticism.

Umarov's arrest comes as the government began forcing human rights activist Elena Urlaeva, arrested last year for allegedly distributing anti-government leaflets, to undergo psychiatric treatment [AP report]. The forced treatment began Saturday, even though the law forbids compulsory treatment until the appeals process has been exhausted, which for Urlaeva will not happen until Oct. 28. Urlaeva has been a frequent critic of the government and was involuntarily committed to psychiatric hospitals in 2001 and 2002. Human Rights Watch has called for her release [HRW press statement] or at least for the government to stop the psychiatric abuse and grant her a fair trial. The US State Department has also condemned the action [press release] stating, "Treating political dissidents as victims of psychosis has long been a tactic used by repressive regimes." Earlier this month, another rights activist highly critical of the Uzbek government, Mukhtabar Tojibaeva, was arrested on charges of extortion [JURIST report]. BBC News has more.

The Uzbek government has been a particular focus of international human right concerns in recent months following its crackdown in dissent after the May protests in the eastern city of Andijan where government troops opened fire on demonstrators [JURIST report]. Fifteen alleged rebels are currently on trial in connection with the protests, although UN officials have expressed doubts about the fairness of the proceeding [JURIST report].

[JURIST] The US Senate Judiciary Committee will likely call Focus on the Family [advocacy website] founder James Dobson [profile], to testify at confirmation hearings for Supreme Court nominee Harriet Miers [JURIST news archive], Committee chairman Arlen Specter [official profile] said [Face the Nation transcript] Sunday. In an October 5 radio address, Dobson called for support of Miers and hinted to having information from the White House regarding her views on abortion [transcript], saying "When you know some of the things that I know -- that I probably shouldn't know -- you will understand why I have said, with fear and trepidation, that Harriet Miers will be a good justice." Specter has expressed interest in learning what Dobson was promised, stating Sunday that "the American people are entitled to clarification." In her initial responses [JURIST document] to a Judiciary Committee questionnaire, Miers said that she has not made any representations to any individuals or interest groups as to how she might rule if confirmed. The Washington Post has more.

[JURIST] Waddah al-Sheikh, who served as a senior officer in the investigations and evidence unit at Hakmiya, Iraq's main intelligence agency under the rule of Saddam Hussein, became the first witness to testify [JURIST report] in Hussein's trial [JURIST news archive] Sunday. Court officials feared that al-Sheikh, who is dying of cancer and is one of the main witnesses at the trial, would not survive until the trial resumes on November 28 [JURIST report]. Al-Sheikh gave testimony to three judges and his words were recorded and written down. Despite security reassurances, and in keeping with a boycott threat [JURIST report], defense lawyers refused to attend the proceeding following the killing of a lawyer for one of Hussein's co-defendants [JURIST report] by gunmen late last week. Reuters has more.

[JURIST] Ali Mohaqiq Nasab, editor of the Afghanistan magazine Haqooq-i-Zan (translated as Women's Rights), was sentenced Sunday to two years in jail after being convicted of blasphemy for his publication of anti-Islamic articles. On Saturday, Kabul's Primary Court convicted Mohaqiq of blasphemy on advisement from the Ulema Council [Wikipedia backgrounder], Afghanistan's body of Islamic clergy. Mohaqiq was arrested [CPJ report] earlier this month after an article was published that argued that giving up Islam should not be a crime that is punished by death as is currently sanctioned by some interpretations of Islamic Shariah law. Other articles written by Mohaqiq that were deemed to be blasphemous included the criticism of punishing adultery with lashes and the notion that men and women in Islamic law should be considered equals. The US-based Committee to Protect Journalists [advocacy website] has called for the immediate release of Mohaqiq. Under a revised media law [BBC report] signed by Afghan president Hamid Karzai in 2004, content that is deemed to be insulting to Islam is banned in Afghanistan. Provisions on criminal penalties are vaguely worded, making it easier to punish journalists in accordance with Islamic law. Mohaqiq has three weeks to appeal the verdict. AP has more.

2:23 PM ET - The UN Assistance Mission in Afghanistan (UNAMA) expressed concern [briefing transcript; UN News report] Monday over Mohaqiq's jail sentence, noting that Afghanistan's Media Monitoring Commission had reached a different conclusion in the case - that Mohaqiq had not committed blasphemy - and recommended Mohaqiq's release from detention. UNAMA also called for a strong defense of the freedom of expression, protected by the Afghan constitution [DOC text] and the Universal Declaration of Human Rights [text], and said the freedom applies to everyone, including journalists. AP has more.

[JURIST] The number of women incarcerated in state and federal prisons in 2004 was up by four percent compared with the year before, with women making up seven percent of all inmates, according to a report [PDF text] issued Sunday by the US DOJ Bureau of Justice Statistics. The increase in female incarcerations is more than double the 1.8 percent for their male counterparts. According to an author of the report, the upswing can be linked to the increased participation of women in drug crimes, violent crimes and fraud, though the Sentencing Project [advocacy website] says that the increase is due in large part to sentencing policies in the war on drugs. According to FBI figures [text], there were more arrests made for drug violations in 2004 than any other offense and those sentenced on drug-related offenses made up of 55 percent of all federal inmates in 2003. The Sentencing Project said US policy makers would be wise to consider alternatives to both current sentencing and drug policies. The Justice Policy Institute [advocacy website] said that the statistics do not show a relationship between prison population growth and the crime rate which has fallen in recent years. AP has more.

[JURIST] The United Nations has repeated its statements that abuses by coalition forces in Afghanistan are "totally unacceptable" and an "affront to the work of the international community in Afghanistan" after Australian TV broadcast video last week showing US soldiers allegedly burning the bodies of two Afghan Taliban prisoners and inciting the Taliban by calling them "cowardly dogs." US forces were first accused of abusing Afghan prisoners [JURIST report] in May. The Pentagon has said it will conduct an investigation [JURIST report] into the burning reports and Afghan President Hamid Karzai has ordered his defense ministry to commence its own investigation. AFP has more.

[JURIST] Sen. Charles Schumer (D-NY) [official website] said Sunday that US Supreme Court nominee Harriet Miers [JURIST news archive], a longtime friend and legal counsel to President Bush, lacks the requisite votes to be approved by the Senate. Schumer's comments come just two weeks before confirmation hearings are scheduled to begin [JURIST report] on November 7. Schumer said that Miers, nominated to replace retiring Justice Sandra Day O'Connor, would not receive support from a majority either in the Judiciary Committee or on the floor and said "I think there is maybe one or two in the Judiciary Committee who have said they'd support her as of right now." Judiciary Committee chairman Arlen Specter (R-PA) said that Democrats cannot predict how the Senate will decide and said that most senators are waiting for the hearings before they make their mind up about Miers. The White House has said there are no plans to pull Miers' nomination despite opposition from both Republicans and Democrats. Last week Specter and Sen. Patrick Leahy, ranking Democrat on the committee, asked Miers for clarification [joint letter] of her responses to a Judiciary Committee questionnaire [JURIST report], saying Miers' answers were insufficient. AP has more.