[JURIST] Echoing views expressed [JURIST report] by US Secretary of Defense Donald Rumsfeld last week, US Undersecretary of State for Public Diplomacy and Public Affairs and one-time top Bush aide Karen Hughes [official profile] Monday defended US practices at Guantanamo Bay [JURIST news archive] and rejected the United Nations call [JURIST report] for the US to shut down its military detention facility. Interviewed by Arab satellite channel Aljazeera, she said the detainees there are warriors who have made public their intent to kill Americans and that the US government has a right to defend its citizens. Her remarks came after United Nations Secretary-General Kofi Annan's call for the United States to close Guantanamo as soon as possible, reiterating the conclusions of a 54 page report [PDF text; press release] released last week by a UN-appointed independent panel. The US has thusfar rejected the call [JURIST report] despite mounting international support for the UN position [JURIST report]. There are presently about 500 detainees being held at Guantanamo, all but a very few of whom have yet to be formally charged.

In response to questions about alleged US secret detention centers in Europe and transporting suspects to these prisons on rendition flights [JURIST news archive], Hughes maintained that the US is in line with its commitment to international agreements and has respected the sovereignty of other countries. Hughes has been in Qatar [Aljazeera report] speaking at the US-Islamic World Forum [forum website]. AP has more.

[JURIST] An Argentine official said Monday that Bosnian Serb war crimes suspect Milan Lukic [JURIST news archive] has been handed over [JURIST report] to the International Criminal Tribunal for the Former Yugoslavia [official website] and is now headed to The Hague for trial.

Lukic [ICTY case backgrounder], who was arrested in Buenos Aires [JURIST report] in August, is one of the 10 most-wanted Bosnian Serbs and had been on the run for more than five years. He is alleged to have been the leader of "The White Eagles," a paramilitary group accused of killing Bosnian Muslims during the Balkan conflict. He has been accused of responsibility for the murder of some 150 Bosnian Muslims in the 1992-95 Bosnian war and faces 21 crimes against humanity charges and 12 war crimes charges for persecution, murder and inhumane acts. Read the full text of the ICTY indictment. Reuters has more.

[JURIST] The Danish ambassador to Saudi Arabia has said that Denmark will take steps to ban religious slander in accordance with Danish and European laws, according to reports Monday. As a result of the publication of caricatures of the Prophet Muhammad [JURIST news archive], Ambassador Hanz Kingburgh met with Muslim World League [advocacy website] General Secretary Abdullah al-Turki Monday and discussed Denmark's plans to take legal measures as well as offering the apology offered by the Danish newspaper which was reprinted in the Saudi press over the weekend. The cartoons depicting the Prophet Muhammad first appeared in the Danish newspaper Jyllands-Posten [media website] in September and were later reprinted [Le Monde slide show] in other European and world papers, sparking violent protests the Middle East and Asia. UPI has more. EU officials have to this point been unreceptive to suggestions that the regional block adopt formal laws banning religious slander, but EU foreign affairs chief Javier Solana said last week after a meeting with the head of the Organization of the Islamic Conference [official website] that the EU and the OIC "are considering certain ideas to safeguard and protect religious values in general, but the time is not appropriate to disclose the details." UPI has more.

Meanwhile, a Shariat Court in India has issued a religious decree sentencing the author of the Danish cartoons to death. The fatwa [Wikipedia backgrounder] was issued Sunday after an Indian provincial minister announced a cash reward for the person beheading the cartoonist, but its significance in India is debatable as Islamic law does not formally apply in the Hindu state. Local Muslim leaders insist, however, that it is applicable wherever Muslims live. Press Trust of India has more.

[JURIST] Ayman Nour [BBC profile], the Egyptian opposition leader jailed [JURIST report] for forgery after his unsuccessful campaign last year, has filed an appeal and requested a suspension of his five-year sentence until the appeals court can rule on the matter, his lawyers said Monday. In his appeal, Nour's lawyers argue that he was denied due process under Egyptian law because his conviction was the result of the political ambitions of his rivals and others who disagree with his views on Egyptian politics. Nour's arrest and conviction [JURIST report], for forging signatures on registration materials prior to the elections, came less than five months after his loss to longtime Egyptian President Hosni Mubarak [official website].

The ordeal strained Egypt's relations with the US, causing US Secretary of State Condoleezza Rice [official website] to cancel an official visit because the conviction was inconsistent with Mubarak's assurances [press release] to open his country's political system. AP has more.

[JURIST] The Japanese government is planning to put English translations of its business-related laws on the internet in order to avoid their misinterpretation by foreign companies. Right now there are no official translations, although unofficial private English translations of multiple Japanese statutes [examples] have been online for years.

On April 14, major laws including the Civil Code, Antimonopoly Law, and the Labor Standards Law will be published on the website of the Cabinet Office [official website]. A total of 200 laws are expected to be translated into English, with the Secretariat itself providing official translations for the first 14 laws. Translation of the remaining laws will be delegated to relevant ministries. The Office will also provide translation of some 3000 Japanese legal terms, for instance "teitoken" (mortgage), "jokoku" (appeal to the Supreme Court) and "kabushiki kaisha" (joint-stock corporation). UPI has more. Japan's Yomiuri Shimbun has local coverage.

[JURIST] The United States and Vietnam have ended a three-year suspension on talks regarding human rights and religious freedoms [HRW backgrounder] in the communist country, Barry Lowenkron [official profile], US Assistant Secretary for the Bureau of Democracy, Human Rights and Labour [official website] said Monday. The suspension began when the US cancelled the annual Human Rights Dialogue with the Government of Vietnam in 2003 due to a lack of progress on the issues. In his announcement, Lowenkron highlighted progress made since that time, including the release of activist Nguyen Khac Toan [BBC report] in January, but urged the government to release more prisoners of conscience and emphasized the need for Hanoi to do more.

The US currently regards Vietnam as a "country of particular concern" (CPC) under the International Religious Freedom Act of 1998 [text; State Dept. materials] for "particularly severe violations of religious freedom" [State Dept. report], but Hanoi agreed in 2005 to take steps to advance and protect religious freedom. Vietnam then defended its human rights record in its first White Paper on Human Rights [PDF text]. Despite the lack of dialogue between the countries at the time, US lawmakers last June called for a discussion [JURIST report] of rights issues when Vietnamese Prime Minister Phan Van Khai [Wikipedia profile], the first Vietnamese head of government to visit the US since the end of the Vietnam War, met with President Bush [BBC report] last June. Reuters has more.

[JURIST] The next nominee to the Supreme Court of Canada [official website] will face televised questioning from a parliamentary committee [press release], Prime Minister Stephen Harper [official profile] announced Monday. Justice John Major [official profile] retired from the court in December, and his replacement will be the first-ever nominee to face a US-style confirmation hearing. According to Harper, all four parties in the House of Commons will be represented on the 12-member committee, with none holding a majority of seats. The committee will question the nominee for two rounds totaling three hours. The prime minister will then consider the hearings, but has reserved the right to make the ultimate decision on the nomination. Neither the Canadian House of Commons or the Senate will vote on the matter.

A preliminary list of candidates [JURIST report] to replace Major was circulated last October and the proposed new justice will be announced Thursday. Hearings are scheduled to begin February 27 and Harper has vowed to announce his final decision by March 1. Chief Justice Beverley McLachlin [official profile] has already spoken out against changes [JURIST report] to the nomination process, arguing that they could politicize the court. CBC News has more. Sitting Canadian Supreme Court justices have in the past expressed private reservations about US-style confirmation hearings, even suggesting that they might have preferred to have been passed over for nomination rather than endure a US-style "trial by television."

[JURIST] The American Association for the Advancement of Science (AAAS) [group website], the world's largest general scientific society, has denounced legislation and policies [statement, PDF; press release] that "undermine evolution" and "deprive students of the education they need to be informed and productive citizens," referring specifically to pending legislation in 14 states that would "weaken science education." According to an AAAS statement issued at the association's annual meeting which concluded Monday:

Some bills seek to discredit evolution by emphasizing so-called "flaws" in the theory of evolution or "disagreements" within the scientific community. Others insist that teachers have absolute freedom within their classrooms and cannot be disciplined for teaching non-scientific "alternatives" to evolution. A number of bills require that students be taught to "critically analyze" evolution or to understand "the controversy." But there is no significant controversy within the scientific community about the validity of the theory of evolution. The current controversy surrounding the teaching of evolution is not a scientific one. ...

Many of the proposed bills and policies aim explicitly or implicitly at encouraging the teaching of "Intelligent Design" in science classes as an alternative to evolution. Although advocates of Intelligent Design usually avoid mentioning a specific creator, the concept is in fact religious, not scientific.

[JURIST] British officials from the Crown Prosecution Service (CPS) [official website] who are investigating the killing of Brazilian Jean Charles de Menezes, who was mistakenly shot by London police last year after the London bombings [JURIST news archive], plan to charge the officers who oversaw the operation with tampering with evidence and obstructing public justice. De Menezes was killed by police [JURIST report] on the London subway on July 22, 2005 after being mistaken for a suicide bomber. Police surveillance officers are accused of trying to hide the fact that they had mistaken de Menezes for alleged terrorist Hussain Osman [BBC summary of charges] by changing a police log to read "And it was not Osman" instead of "it was Osman."

The change was allegedly made so that surveillance officers could claim the officers involved in the shooting had fired on the wrong man despite having been warned that he was not Osman. De Menezes' family has pushed for a public inquiry into the shooting and have brought a separate case against Metropolitan Police Commissioner Sir Ian Blair [profile], claiming he misled the public in statements following the tragedy [JURIST report]. Sophie Goodchild of the Independent has more.

[JURIST] McDonald's [corporate website] is facing multiple legal actions after the fast-food giant admitted last week that milk and wheat ingredients are used to flavor its trademark french fries. Lawsuits in Illinois, California and Florida have been filed by two people claiming intolerance to gluten, a protein found in wheat, and by a vegetarian who claims she would not have eaten the fries if she had known they contained dairy products. McDonald's had previously said its fries contained no milk or wheat allergens and were safe for the growing number of people with related dietary restrictions, including thousands of children affected by autism [dietary treatment backgrounder].

Earlier this month, however, the company added information about milk, wheat and gluten in french fries on its food allergens and sensitivities listing in accordance with new US Food and Drug Administration regulations [press release; FDA materials] that require food manufacturers to list food allergens on product labels. As a restaurant, McDonald's is complying with the rules voluntarily. AP has more.

[JURIST] Human rights groups have condemned the Egyptian Higher Judiciary Council's decision to strip three judges of immunity [JURIST report] after they protested voting irregularities [JURIST report] during the December parliamentary elections. Members of a group known as the Judges Club, the three were charged with defamation after they refused to monitor run-off elections in protest of the irregularities.

Vocal critics of the state's actions include the Al-Ahram Centre for Political and Strategic Studies [official website] and the Arabic Network for Human Rights Information [advocacy website], which has accused [press release] the government of "us[ing] the Public Prosecutor as a tool against reformists and democracy supporters in Egypt." Egyptian President Hosni Mubarak [official profile] has admitted flaws in the voting process [JURIST report]. Reuters has more.

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] Sunday refused to stay the execution [opinion] of Michael Morales [NCADP profile], but in a second decision [PDF text] also approved the presence of a doctor at his execution Tuesday morning to ensure that Morales is unconscious and to defray "an undue risk that [Morales] will suffer excessive pain when he is executed" by lethal injection. California Governor Arnold Schwarzenegger had previously denied Morales' request for clemency [statement, PDF] and Morales' lawyers plan to file a final appeal with the US Supreme Court.

Last week, US District Judge Jeremy Fogel, concerned that prisoners were conscious during execution by lethal injection and were experiencing extreme pain, ruled [opinion, PDF; JURIST report] that California must change the drugs it uses when executing prisoners. Morales, who will be the 14th prisoner executed in California since it reinstated the death penalty 30 years ago, was convicted of the rape and intentional killing by torture of a 17-year-old girl in 1981. Tanya Schevitz of the San Francisco Chronicle has more.

[JURIST] British historian David Irving [BBC profile, personal website] has pleaded guilty before an Austrian criminal court to charges [JURIST report] of denying the World War II Holocaust [BBC backgrounder]. Irving, 68, was arrested in Austria [JURIST report] in November pursuant to a 1989 warrant based on two speeches in which he denied the Nazis' use of gas chambers. Denial of the Holocaust is a crime in Austria, and Irving could face up to 10 years in prison.

Irving appeared before the court with a copy of his 1977 best-selling account of World War II, Hitler's War, in which he contended that the Holocaust executions were carried out without Hitler's knowledge according to orders of his underlings. He told reporters that he has changed his mind, claiming "I have learned a lot since 1989." Irving faces up to ten years in prison. BBC News has more.

12:57 PM ET - BBC News is reporting that Irving has been sentenced to three years in jail.

[JURIST] Belgium has become the first country in the world to ban the manufacture and use of cluster bombs following passage of legislation [PDF text; bill summary in French] by a sound majority of its lower house of parliament. The legislation had already passed in the upper house of parliament last July. Human rights organizations such as Handicap International (HI) [advocacy website] and Human Rights Watch (HRW) [advocacy website] have campaigned against the lethal weapons, which kill and maim thousands of civilians each year in places like Kosovo and Iraq.

According to an HRW report [text], approximately 85 companies in 34 countries produce over 200 varieties of cluster munitions [HI backgrounder], including artillery projectiles and aerially delivered bombs. At least one Belgian company, Forges de Zeebrugge [corporate website] manufactures the weapons. UPI has more.

[JURIST] Sudanese President Omar al-Bashir [BBC profile] has again said that his country refuses to extradite [JURIST report] any Sudanese citizens for prosecution by the International Criminal Court [official website]. In remarks made during this weekend's celebration of the golden jubilee of the Sudanese Judiciary, al-Bashir said that only Sudan had jurisdiction over war crimes suspects in cases stemming from the Darfur [JURIST news archive] conflict. A year ago, Sudan's vice president made a similar refusal [JURIST report] to turn over genocide suspects to foreign courts, and al-Bashir said Saturday that he is confident that Sudan has the judicial machinery to properly try and allow for the defense of accused war criminals.

The UN Security Council [official website] last March authorized the ICC [JURIST report] to investigate and prosecute allegations of genocide in Darfur. Thus far, the ICC has a list of 51 suspected war criminals, some of whom are government officials. International pressure for Sudan to end the Darfur conflict, which has resulted in the death and displacement of tens of thousands of civilians, is increasing. Last week, US Secretary of State Condoleezza Rice reaffirmed the US commitment to ending genocide in Darfur [JURIST report]. Xinhua has more. The Sudan Tribune has local coverage.

[JURIST] Senate Majority Leader Bill Frist (R-TN) [official website] said Sunday that existing legislation governing domestic surveillance [JURIST news archive] does not need to be rewritten or updated. Appearing on CBS News' Face the Nation, Frist also said that he believed that the National Security Agency does not need to obtain a court order [transcript, PDF] before engaging in domestic eavesdropping under the White House's terrorist surveillance program [White House position paper].

Other members of Congress, however, are pushing for updates to the 1978 Foreign Intelligence Surveillance Act [text]. Rep. Jane Harman (D-CA) [official website], the ranking Democrat on the House Intelligence Committee, said Sunday said that the NSA domestic spying program must comply with FISA. Sen. Pat Roberts (R-KS) [official website], chairman of the Senate Intelligence Committee has called [JURIST report] for the NSA program to be brought under the authority of the Foreign Intelligence Surveillance Court [FJC backgrounder] and Sen. Arlen Specter (R-PA) [official website], chairman of the Senate Judiciary Committee] has said that he is working on legislation [JURIST report] to explicitly bring the surveillance program within the purview of the FISC. The White House has insisted that the program is legal, but officials seem willing to entertain a proposal [Washington Post report] from Sen. Mike Dewine (R-OH) [official website] that would give lawmakers more power in authorizing domestic surveillance. AP has more.

[JURIST] The French, German, and British ambassadors to the US on Sunday called for the United States to close the Guantanamo Bay [JURIST news archive] detention camp, with French Ambassador Jean-David Levitte [official profile] going so far as to call the facility "an embarrassment." The critical remarks come on the heels of a UN report [PDF text; JURIST report] alleging that some detainees have been subjected to physical and mental abuse that amounted to torture and calling for the camp to be closed. In the joint appearance on CNN, German Ambassador Wolfgang Ischinger [official profile] joined his colleague, saying that the sooner the detainee camp is closed, the better it will be for the United States' image as a military and political power and as one of the world's moral leaders."

Thus far, the US has rejected the call to close Guantanamo down [JURIST report] despite mounting support for the UN position [JURIST report]. There are presently about 500 detainees being held at Guantanamo, all but a very few of whom have yet to be formally charged. AFP has more.

[JURIST] Leading Monday's international brief, the Israeli Cabinet has agreed to impose a hefty series of sanctions against the Palestinian Authority (PA) [JURIST news archive] unless the ruling party of Hamas [MIPT backgrounder] commits to non-violence and drops its call for the destruction of Israel. Acting Israeli Prime Minister Ehud Olmert [official profile] told the cabinet that Hamas' majority status in the Palestinian Legislative Council [official website in Arabic] has turned the PA and the PLC into "terrorist entities" and that Israel would immediately begin withholding nearly $50 million (US) in customs duties that Israel collects on behalf of the PA. The sanctions also include an increase in checkpoint security between Palestinian and Israeli territory and travel restrictions on any members of Hamas. JURIST's Paper Chase has continuing coverage of Israel [JURIST news archive]. The Middle East Times has local coverage.

In other international legal news ...

• A Japanese court-ordered psychological report on Shoko Asahara [BBC profile], founder of the Aum Shinrikyo [FAS backgrounder] which carried out the Sarin nerve gas attack [MIPT report] on a Tokyo subway station in 1995, has established that Asahara is faking mental illness and is fit to attend court for the appellate review of his death sentence. Asahara was sentenced to death by hanging [BBC report] in 2003 for his part in the Sarin attack, which killed 12 and injured over 5,000. Asahara's lawyers postponed the submission of their appeal of his death sentence, claiming that they couldn't communicate with their client. The court ordered a psychological report to establish Asahara's competence is likely to now require a final submission from his lawyers. JURIST's Paper Chase has continuing coverage of Japan [JURIST news archive]. The Mainichi Daily Times has local coverage.
  
  
• The Sudanese Parliament is scheduled to vote Monday on the Organization of Humanitarian and Voluntary Work Bill 2006 [PDF text] that will impose a series of regulations on non-governmental organizations (NGOs) that seek to operate inside Sudan. The bill was presented following a challenge to an attempt by Sudanese President Omar al-Bashir [BBC profile] to initiate the measures through a presidential edict [JURIST report]. Human rights NGO Amnesty International [advocacy website] has raised concerns that the proposed legislation would violate fundamental rights and freedoms under the International Covenant on Civil and Political Rights [text] as well as the Sudanese Interim National Constitution [PDF text]. JURIST's Paper Chase has continuing coverage of Sudan [JURIST news archive]. The Sudan Tribune has local coverage.