[JURIST] The US Senate has voted to approve the one-month extension [JURIST report] of the Patriot Act [JURIST news archive] passed by the House of Representatives earlier Thursday after House Judiciary Committee chairman Rep. James Sesenbrenner blocked a six-month Senate extension on the grounds that the original Patriot Act conference report making key provisions of the Act permanent needed to be reconsidered in a timely manner [Sensenbrenner press release]. Ranking Senate Judiciary Committee Democrat Patrick Leahy supported the one-month holdover [press release], saying the time was less important than the need for a good faith effort to improve the Patriot Act to better balance security and liberty concerns. The legislation now goes to the President for signature. Reuters has more.

[JURIST] A federal judge ruled Thursday that two Chinese Uighur detainees held by the US at Guantanamo Bay could be detained there indefinitely even though their imprisonment was unlawful. US District Judge James Robertson said that the courts simply had no relief to offer the men, who are no longer deemed enemy combatants by the government [JURIST report] but who cannot be returned to China, where they could face death or torture because of their Muslim faith [Human Rights Watch report]. Robertson said an order requiring their release inside the United States was not feasible for a variety of security and diplomatic reasons. Read Robertson's memorandum ruling [PDF] and accompanying order [PDF]. AP has more. Robertson, who had previously been publicly critical of the Uighurs' continuing detention [JURIST report], made headlines earlier this week in another context when he resigned from on the 11-member Foreign Intelligence Surveillance Court [JURIST report] after reportedly expressing concern about a program authorized by President Bush to conduct warrantless wiretaps on international communications by US residents with known links to al Qaeda or other terrorist organizations.

[JURIST] AP is reporting that the US House of Representatives has passed a one-month extension of the Patriot Act [JURIST news archive], significantly less than the six-month extension [JURIST report] approved by the Senate Wednesday night.

4:32 PM ET - House Judiciary Committee chairman Rep. James Sensenbrenner (R-WI) objected to the six-month extension, and the one-month holdover good until February 3, 2006 was approved by voice vote in a nearly-empty chamber to avoid sixteen key provisions of the Act [US DOJ report, PDF] from expiring altogether at year's end. The House extension now goes back to the Senate, which is expected to vote approval Thursday evening. AP has more.

[JURIST] The Texas Third Court of Appeals [official website] Thursday denied a request by US Rep. Tom DeLay (R-TX) [official website; JURIST news archive] to hasten his appeals process by reducing allowable filing periods from 20 to five days. Prosecutors are appealing the dismissal [JURIST report] of the conspiracy charge against DeLay, and Travis County District Attorney Ronnie Earle [official website] has requested that his trial for the two remaining money laundering charges be delayed [JURIST report; PDF indictment text] until the appeal process is completed. Last Saturday, the presiding judge announced that he was still considering another request made by DeLay to split the money laundering charges into two trials, which would also speed up the case. DeLay is trying to put case behind him quickly so that he can resume his position as US House Majority Leader before House Republicans are required to vote on a permanent replacement in the new year. AP has more.

[JURIST] The presiding judge of the 11-member Foreign Intelligence Surveillance Court (FISC) [constituitive statute], the secret court charged with overseeing government espionage activities, has organized a classified briefing for panel members to allow administration representatives to report on the scope of the recently uncovered [JURIST report] National Security Agency (NSA) [official website] secret eavesdropping program. According to the New York Times report that broke the story, a 2002 presidential order authorized the NSA to secretly monitor international phone calls and emails of possibly thousands of US citizens without warrants. US District Judge James Robertson [official profile], one of the 11 FISC judges, resigned [JURIST report] earlier this week in protest over the President's eavesdropping plan. Most of the judges learned about the program through the Times article, and most agree that they need to hear the administration's legal justification for the eavesdropping in order to confirm the reliability and credibility of the information received by the court. The purpose of the FISC is to authorize surveillance requested by the Justice Department of espionage and terrorism suspects within the US. Under statute, the Justice Department bears the burden of showing probable cause that all surveillance targets are in fact foreign governments or their agents, but an emergency provision allows for warrantless eavesdropping for up to 72 hours if the attorney general certifies that eavesdropping is the only tactic available to the government to access the information. Bush argued Monday, and was supported [press briefing text] by Attorney General Alberto Gonzales, that the need to detect terrorist threats quickly and effectively allows the NSA to circumvent the FISA system, as the emphasis of the NSA program is threat detection, not monitoring known targets. Thursday's Washington Post has more.

Previously in JURIST's Paper Chase...

• FISC judge resigns in protest over NSA domestic surveillance
• Democrats say they never approved NSA domestic spying program
• Bush defends NSA domestic spying program
• Top Senate Democrat calls for probe into domestic spying
• Bush acknowledges approving secret eavesdropping on US residents
• Bush authorized warrantless phone, email tracking of US residents

[JURIST] The Iraqi Special Tribunal [official website] Thursday adjourned the Saddam Hussein trial [JURIST news archive] until January 24 after a day of testimony during which Hussein berated the US [JURIST report] for denying his claims, made Wednesday [JURIST report], that he had been beaten in custody. During cross-examination, Hussein analogized the US position on his injuries to the US position on Iraq's alleged weapons of mass destruction, saying "the White House lied when it said Iraq had chemical weapons. I reported all the wounds I got to three medical committees. ... We are not lying, the White House is lying." AP has more.

[JURIST] The French Senate [official website] approved anti-terror legislation [text, in French; legislative materials] in a 202-122 vote Thursday after preliminarily approving the bill [JURIST report] last week. The bill, introduced by conservative presidential hopeful and current Interior Minister Nicolas Sarkozy [BBC profile] and influenced by the recently enacted British anti-terrorism bill, increases funding for video surveillance of public areas such as airports and train stations, permits government access to private phone and internet records, and lengthens detention periods for terrorism suspects before they are formally charged. Civil liberties groups say the bill implements a police state in France and confuses terrorism with immigration, and the opposition Socialist party has announced that it will challenge the constitutionality of the bill before France's Constitutional Court. Sarkozy has acknowledged that the bill was written in large part as a response to last summer's London subway bombings [JURIST report], and has supported the bill as an adequate response to the changing face of terror. The new bill is the fourth addition to France's already tough anti-terrorism laws since 2001. AFP has more. From Paris, Le Monde has local coverage.

[JURIST] A British appellate court has ruled [opinion summary; full text] Thursday that British soldiers in Iraq are forbidden to subject Iraqi prisoners to cruel or degrading treatment while in their custody. The determination that the Human Rights Act [text] - a 1998 statute encating the European Convention on Human Rights into English law - applies to any British troop with control over a detainee overturns a High Court decision from last year that restricted the proper application of the act to detainees held in British prisons. The court held Wednesday, however, that the defendant soldiers did not violate the act when an Iraqi detainee, Baha Mousa, died in their custody, based on the given evidence, but authorized an independent inquiry into the incident. It has been alleged [Guardian article] that Mousa was kicked to death by British troops while in custody. The decision reasoned that "it could be difficult for a European government to decide to pursue policies that treated human life as more readily expendable just because those whom their forces kill are not themselves European." The UK Ministry of Defense (MoD) [official website] argued that the Human Rights Act was intended to protect European citizens, not Iraqis, and that its application in a combat zone would place too many restrictions on British soldiers, limiting their effectiveness. One judge also issued a harsh condemnation of the MoD's handling of the investigation of the incident, saying that "if international standards are to be observed, the task of investigating incidents in which a human life is taken by British forces must be completely taken away from the military chain of command and vested in the Royal Military police." The Guardian has local coverage.

[JURIST] Australian police have arrested a 33-year-old man for using text messages to incite rioting a week after race riots broke out in Sydney [JURIST report] involving 5,000 people, mostly white men and youths, attacking Muslim residents on local beaches. Wednesday's arrest marks the first instance someone has been charged with such an offense. The man allegedly forwarded two text messages repeatedly to other phones requesting that others meet him at the beach. He was charged [AAP report] with "using a carriage service to menace, harass or cause offense," a crime whose enforcement was strengthened by legislation [JURIST report; PDF text] passed last week in response to the attacks. Under the new laws, police are permitted to seize mobile phones, ban alcohol, set up roadblocks and search vehicles to prevent or control public disorder. From Australia, the Sydney Morning Herald has local coverage.

[JURIST] Nearly 700 same-sex couples in Britain took part in civil partnership ceremonies Wednesday, the first day of eligibility under Britain's Civil Partnership Act [text], which was enacted in 2004. Registration for civil partnerships [JURIST report] began earlier this month, and couples are required to wait 15 days after registration before holding ceremonies. Partners in civil unions are now afforded most of the legal rights enjoyed by traditional marriage partners, including the same social security, inheritance, and pension benefits, next-of-kin visiting rights in all hospitals, and the right to succeed in tenancy situations. Partners will also have the same responsibilities towards the children of their partners. BBC News has background information [text] on civil partnerships; the Scotsman has more.

Previously in JURIST's Paper Chase...

• Civil partnership registration opens in UK
• UK to allow same-sex civil unions
• British bill gives legal recognition to gay partnerships

[JURIST] The US Senate voted Wednesday to repeal the Byrd Amendment in October 2007, following a similar vote [JURIST report] in the US House of Representatives last month. Officially known as the Continued Dumping and Subsidy Offset Act [text], the amendment, which allows private companies to collect duties from foreign imports that the government considers to be unfairly priced or subsidized, has been declared illegal by foreign governments and the World Trade Organization (WTO) [official website] as a violation of global trade laws [JURIST report]. The Government Accountability Office (GAO) [official website] announced [JURIST report] in a September report [text] that five companies received over $500 million through the amendment, and two-thirds of all payments were made to three industries - steel, bearings, and candles. Canada has said that Wednesday's vote is inadequate and has called for an immediate repeal of the amendment, saying that US lumber companies will make over $5 billion in profits from the duties as the phase-out provision is currently worded. Canada's Globe and Mail has more.

[JURIST] UN Secretary-General Kofi Annan [official profile; JURIST news archive] said in his traditional year-end press conference [transcript; JURIST video] Wednesday that he wanted to dedicate his final year in the position to encouraging peace and UN reform [JURIST news archive]. Looking back on 2005 he also offered stinging criticism of the media coverage of the UN oil-for-food program [JURIST news archive], accusing journalists of focusing too much on his and his son Kojo's involvement in the program rather than charges that more than 2,200 companies and individuals paid kickbacks to Saddam Hussein's government. Annan was cleared of wrongdoing in a report issued by a panel [JURIST report] led by former US Federal Reserve Chief Paul Volcker, but the reports were critical of Annan's management of the program. In one particularly harsh rebuke, Annan called Times reporter James Bone "cheeky" after he asked a question about Annan's involvement in the program. Annan said, "You have been behaving like an overgrown schoolboy in this room for many, many months and years. You are an embarrassment to your colleagues and to your profession." Annan also called for agreement on a budget dispute [JURIST report] that he said threatened to stall reform efforts [UN news release] in his final year. AP has more.

[JURIST] US Attorney General Alberto Gonzales [official profile; JURIST news archive] requested that the German government not release Mohammed Ali Hamadi, a convicted hijacker accused of killing a US Navy diver, but Germany [JURIST news archive] refused, the Bush administration confirmed Wednesday. Hamadi was convicted for the 1985 hijacking of a TWA flight by a group of Shiite militants seeking the release of Lebanese imprisoned in Israel, and he served 19 years of a life sentence. Hamadi is suspected of killing Navy diver Robert Dean Stethem while aboard the flight, but the German government refused to hand over Hamadi and rebuffed US requests that he not be released. Hamadi was released Tuesday by Germany [Deutsche Welle report] and flown to Lebanon, where the US believes he was released and has disappeared. Lebanon, which does not have an extradition agreement with the US, has been hesitant to track down Hamadi [BBC report]. State Department spokesman Sean McCormack said the US would track down Hamadi [press briefing transcript] and bring him to justice. AP has more.

[JURIST] Colombian prosecutors plan to file charges against former justice minister Alberto Santofimio Botero [BBC report] in connection with the 1989 assassination of Liberal party presidential candidate Luis Carlos Galan [Wikipedia profile], the attorney general's office announced Wednesday. Santofimio will face homicide and conspiracy charges for Galan's assassination, which took place as he spoke at a political rally. Drug kingpin Pablo Escobar [Wikipedia profile], killed by police in 1993, allegedly ordered the assassination at Botero's suggestion. Botero has denied the charges and said his accuser, a former hit man, should not be trusted. AP has more. From Medellin, El Mundo has local coverage.

[JURIST] Saddam Hussein [JURIST news archive] on Thursday denounced US denials of his claims that he has been tortured [JURIST report] while held by US forces and argued that the US had also lied about Iraq's possession of weapons of mass destruction in the run up to the war in Iraq. Hussein made the remarks before the Iraqi Special Tribunal [official website] hearing his case after the court gave him an opportunity to cross-examine prosecution witnesses. The former Iraqi dictator called the White House "liars" and said US denials [CNN report; White House transcript] of his torture allegations [BBC report] could not be trusted because the US lied about Iraq's possession of chemical weapons. During the proceedings, Hussein also challenged the testimony of one witness who was 8 years old when the massacre of more than 140 at Dujail occurred in 1982. Hussein, who along with seven other former government officials is being tried for ordering the killings after a failed assassination attempt in the village, argued that testimony of those who were children at the time should not be used. Several other allegations were made throughout the day, with Hussein's half-brother and co-defendant accusing prosecutors of being former Baath party members [Reuters report] and a prosecutor seeking to taken off the case after insults from the dock. AP has more.

11:17 AM ET - AP is reporting that the Saddam Hussein trial [JURIST news archive] has been adjourned until January 24.

[JURIST] A lawyer for Tariq Aziz [BBC profile], Iraq's deputy prime minister during Saddam Hussein's regime, said Wednesday that US troops are protecting "high-value" former Iraqi officials released from custody [JURIST report] earlier this week. Badee Izzat Aref said that 25 officials, including Dr. Rihab Taha al-Azawi [BBC profile] know as "Dr. Germ", had been released from custody and were being protected until they could "find a safe haven either in Iraq or abroad." Aziz remains in custody, though his legal team has petitioned for his release [JURIST report]. Aref said that as many as 40 additional high-level releases in the coming days. AP has more.

[JURIST] Afghan journalist Ali Mohaqiq Nasab, the editor of the magazine Hoqooq-i-Zan, (translated as Women's Rights) who was convicted of blasphemy for publishing anti-Islamic articles, has been freed from jail [Reporters without Borders press release], a senior Afghan judge said Thursday. Nasab was arrested [CPJ report] in October for reprinting articles arguing that Islamic law does not allow flogging for adultery and corporal punishment for converting to another faith from Islam. Nasab was sentenced [JURIST report] to two years in jail, but the UN Assistance Mission in Afghanistan had expressed concern [UN News report] over the sentence, saying that Afghanistan's Media Monitoring Commission had recommended that Nasab be released from detention. After an appeals hearing Wednesday, Nasab's sentence was reduced to a six month suspended term, and he was released "under the watch of the government". Reuters has more.

[JURIST] Russia's Duma [official website], the lower house of parliament, approved on Wednesday a much-criticized bill restricting NGO activity by 376-10 on its second reading. The bill would create a government agency [JURIST report] with broad power to monitor and regulate NGOs though original provisions that would have subjected local branches of foreign groups to strict financial and legal restrictions have been removed. Supporters of the bill say that it is a necessary response to fears that foreign NGOs could intervene in Russia's political system. Pro-democracy and rights groups have said that the limited amendments [JURIST report] to the bill do not go far enough. NGOs have expressed concern that Russia will still be able to expel groups [Daily Telegraph report] that infringe on Russia's sovereignty or cultural heritage. The bill needs only one more reading and approval, scheduled for Friday, before being sent to the upper house of parliament; no further amendments may be added during this reading. AP has more.

Previously in JURIST's Paper Chase...

• Rice criticizes Russian NGO bill on Ukraine stopover
• Putin calls for amendments to bill limiting NGOs
• Putin may amend Russian parliament bill limiting NGOs
• Russian Duma votes to increase control over NGOs

[JURIST] The US Senate [official website] on Wednesday approved a defense policy bill [text] banning the cruel and inhumane treatment of detainees in US custody but also limiting the ability of Guantanamo Bay [JURIST news archive] prisoners to challenge their detention in federal court, effectively allowing information obtained through coercion to be used against them. The unanimous vote to send the torture ban, first proposed by Sen. John McCain, to President Bush for signature follows the bill's passage in the US House [JURIST report] earlier this week. The provision on detainees' access to the federal courts was a compromise [JURIST report] agreed to after Sen. Lindsey Graham proposed and persuaded senators to pass [JURIST report] an ever stricter provision. Also Wednesday, the Senate approved the 2006 military appropriations bill [bill summary] by a vote of 93-0 [roll call vote], but only after a provision that would have allowed oil drilling in the Arctic National Wildlife Refuge [official website] was removed [JURIST report]. This final version of the spending bill must now be approved by the House before it is sent to Bush to be signed into law. Reuters has more.

Previously in JURIST's Paper Chase...

• US House passes detainee torture ban
• Rights group warns McCain torture ban may be undercut by Graham amendment
• White House to accept McCain torture ban
• House backs proposed torture ban
• Army interrogation proposals could impede talks on detainee amendment
• Frist warns against Alito filibuster, predicts anti-torture deal
• House, Senate continue talks on torture amendment to defense bill

ALSO ON JURIST  Topic: Torture | Text: McCain detainee treatment amendment | Text: Graham-Levin detainee judicial review amendment