[JURIST] The US House Appropriations Committee [official website] late Wednesday voted 62-2 to amend an emergency appropriations bill for Iraq and Gulf Coast reconstruction with a provision [PDF] blocking a controversial takeover of operations at six US ports [JURIST news archive] by United Arab Emirates-owned Dubai Ports World [corporate website].

The amendment, which is expected to be debated in the full House next week, sets up a possible confrontation with the White House, which has threatened to veto the bill if it comes with that provision. Reuters has more.

10:11 AM ET 3/9/06 - Senate Democrats are also pushing a measure that would block the ports deal and are seeking to attach the measure to proposed legislation reforming lobbying rules. A procedural vote to block a vote on the ports deal is expected as early as Thursday, but the vote is expected to fail and Senate Republican leaders say they might temporarily take the lobbying reform bill off the floor in order to avoid delaying the ports deal. AP has more.

[JURIST] Prosecutors in Yemen Wednesday called for the death penalty against the editor of a Yemen newspaper who republished cartoons of the Prophet Muhammad [JURIST news archive] originally printed in a Danish newspaper in September. Muhammad al-Asadi was arrested [JURIST report] last month with three other editors at the Yemen Observer [media website] on charges of "offending Islam". Lawyers commissioned by the Shura Council of Islah, a Yemeni Islamic party, also argued for the permanent shutdown of the paper and confiscation of its assets. Al-Asadi was defended by lawyers from Yemen's National Organisation for Defending Rights and Liberties (HOOD) [advocacy website], and international observers from Amnesty International were in attendance in the courtroom. The Yemen Observer has more.

According to the Observer - which had its license to print revoked over the matter, but continues to publish content online - prosecutors plan to justify the death penalty based on a long-standing Islamic legal precedent that stems from a story in which Muhammad was insulted by a woman and then offered praise for the man that killed her. Asadi has steadfastly denied the charges against him. His trial has now been adjourned, but will resume on March 22. In the meantime, the Observer has called for the return of its license [Yemen Observer editorial]. BBC News has more.

[JURIST] The UN Security Council [official website] will take up the issue of Iran's nuclear program after Mohamed ElBaradei, director general of the International Atomic Energy Agency [official website], transmitted his official report [PDF text] on Iran's nuclear program to the Security Council Wednesday. ElBaradei told the IAEA Board of Governors meeting since Monday in Vienna that:

Although the Agency has not seen any diversion of nuclear material to nuclear weapons or other nuclear explosive devices, the Agency is not at this point in time in a position to conclude that there are no undeclared nuclear materials or activities in Iran.

[JURIST] The jury in the Zacarias Moussaoui [JURIST news archive] sentencing trial [case docket] heard testimony Wednesday that, during a visit to Malaysia in 1999, a man matching Moussaoui's description told Islamic militant Fauzi bin Abu Bakar Bafana that he he'd had a dream about flying a commercial airliner into the White House. According to a 2002 videotaped disposition played in court, Moussaoui asked Bafana, then treasurer of an al Qaeda linked group, for $10,000 to pay for flight training in the United States. Bafana also testified that he took Moussaoui to a flight school in Kuala Lumpur, but the tuition there was too expensive. Bafana said he was finally instructed by his al Qaeda superiors to give Moussaoui, who he then knew only as "John", the equivalent of US $1200.

The trial, which concluded its third day on Wednesday, will determine whether Moussaoui - who pleaded guilty [JURIST report] to terrorist conspiracy charges in April - should receive the death penalty or a life prison sentence. Government prosecutors insist that the attacks of September 11 would have been prevented had Moussaoui not lied to FBI agents upon his arrest in August 2001. During Monday's opening statements [JURIST report] Moussaoui's lawyers claimed their client, despite being a devoted member of al Qaeda, had no knowledge of the attacks. AP has more.

[JURIST] Britain's chief inspector of prisons has expressed concern after Muslim inmates in London's maximum-security Belmarsh Prison [official website] - dubbed "the UK's Guantanamo Bay" [BBC report] by the British press - told authorities that the staff did not understand their social and religious behavior. Chief Inspector Anne Owers said in a report [PDF] based an unannounced October visit and survey that the addition of four terrorist suspects - all alleged to have ties to the July 7 London bomb attacks [JURIST news archive] which killed 52 people - has put the institution at "full stretch". According to Owers, half of all prisoners surveyed said that they had felt unsafe at Belmarsh. Muslim prisoners in Belmarsh also reported that they enjoyed a poor quality of life and that they had few relationships with staff or other inmates.

The maximum-security jail holds 900 prisoners. According to Owers' report, over 100 of those are Muslim, about half are foreign nationals and half are black or minority. Nine foreigners suspected of terrorism were held at Belmarsh for three years without charge or trial. Reuters has more.

[JURIST] The US State Department [official website] on Wednesday named North Korea, Burma and Iran among the world's biggest human rights offenders in its 2005 Country Reports on Human Rights Practices [State Dept. materials; Rice statement video], saying that "countries in which power is concentrated in the hands of unaccountable rulers tend to be the world's most systematic human rights violators."

The reports also drew special attention to Iraq and China. In Iraq [country report], the Department noted that the number of killings and reports of abuse by Iraqi police increased [Reuters report] during 2005. By definition, the Iraq report only covered local forces, not US or other Coalition forces operating in Iraq.

The US also condemned abuses in China [country report], saying that "the government's human rights record remained poor," and noted increased controls on the media as particularly problematic. Some positive developments were highlighted, however, including the government's return of authority [JURIST report] to the Supreme People's Court to approve death sentences.

Nepal, Uzbekistan, Russia and Pakistan were also singled out for prominent criticism.

The State Department has issued annual assessments of individual countries' records in implementing commitments on human rights reflected in the UN Universal Declaration of Human Rights [text] since 1977. The reports normally prompt criticism of America's own rights record [JURIST report] from governments implicated in the report, and the introduction [text] to the 2005 report seems to anticipate this:

To be sure, violations of human rights and miscarriages of justice can and do occur in democratic countries. No governmental system is without flaws. Human rights conditions in democracies across the globe vary widely, and these country reports reflect that fact. In particular, democratic systems with shallow roots and scarce resources can fall far short of meeting their solemn commitments to citizens, including human rights commitments. Democratic transitions can be tumultuous and wrenching. Rampant corruption can retard democratic development, distort judicial processes, and destroy public trust. Nonetheless, taken overall, countries with democratic systems provide far greater protections against violations of human rights than do nondemocratic states.

[JURIST] The chief prosecutor for the military commissions [US DOD materials] at Guantanamo Bay [JURIST news archive] denied Tuesday that detainees at the facility were tortured, but acknowledged the vagueness of the definition of torture itself. USAF Col. Morris Davis [official profile, PDF] of the Pentagon's Office of Military Commissions [DOD Directive 5105.70 text, PDF] will prosecute 10 Guantanamo detainees. Davis said in an AP interview before a talk [archived webcast] at Case Western University law school in Cleveland that the military considers its interrogation tactics acceptable, although he granted that some people might disagree and that there was a large “gray area” between acceptable and unacceptable tactics. He noted that laws dealing with torture generally define it according to its effects, such as significant physical or emotional pain, not on specific methods of interrogation.

Davis said in his talk that the media would be allowed to cover cases when they come to trial in Guantanamo, with an exception for any evidence deemed classified. He stressed the importance of transparency in the proceedings, a reflection of the frequent criticism of the military commissions established by the Pentagon by human rights activists who claim a lack of basic protections and rights for defendants. There are still concerns over whether Guantanamo detainees who remain uncharged will receive a full, fair, and open trial, and whether generally-accepted American criminal justice standards will apply. AP has more. The Cleveland Plain Dealer provides local coverage.

[JURIST] Serbian officials have criticized prison officials from the International Criminal Tribunal for the former Yugoslavia [official website] for failing to prevent the suicide [JURIST report] of Milan Babic [ICTY case backgrounder, JURIST news archive], former wartime leader of Croatia's rebel Serbs during the Balkan wars. Serbian Foreign Minister Vuk Draskovic [official profile] said that ICTY prison authorities bear the responsibility for the suicide happening in their custody and called for a thorough investigation into Babic's death [press release].

Babic, an insider in the regime of former Yugoslav President Slobodan Milosevic [JURIST news archive], was convicted in 2004 of ethnic cleansing during the Balkan wars and was serving a 13 year sentence [JURIST report]. He was a key witness in Milosevic's still-ongoing trial, testifying in 2002. He was expected to testify in several other war crimes cases at The Hague and his suicide is a major setback for the prosecution. An ICTY judge has been appointed to conduct an internal inquiry into Babic's suicide. AP has more.

[JURIST] The US Senate Homeland Security and Governmental Affairs Committee [official website] will vote in April on legislation [S. 2008 text] to improve port security at American ports, according to committee chair Sen. Susan Collins (R-ME) [official website]. Collins hopes that the recent controversy over the purchase of control of several major US ports [JURIST report] by Dubai-based DP World [corporate website] will encourage passage of the bill. The bill was written last year by Collins and Senator Patty Murray (D-WA) and is supported by Sen. Joe Lieberman (D-CT), ranking Democrat on the Senate Committee. The bill would authorize $835 million per year for five years to improve port security, would create an office of cargo security policy and would require more stringent examination of inbound cargo. The bill would also call for creation of an emergency plan in event of a terrorist attack upon US ports. There is no current plan.

DP World's purchase of terminal operations from British company P&O [corporate website] moved forward Monday after British courts rejected objections [JURIST report] by Miami firm Eller & Co. P&O has announced that the takeover will become effective on Thursday [press release, PDF]. Amy Fagan of the Washington Times has more.

[JURIST] Leading Wednesday's international brief, a bill passed by the out-going Fatah party in the Palestinian Authority which granted Palestinian President Mahmoud Abbas [BBC profile] greater presidential powers, including the power to set up a constitutional court [JURIST report] staffed by judges picked by the president, has been referred to the Palestinian Supreme Court. The referral follows heated debates in the Palestinian Legislative Council [official website] between Fatah legislators and the now-majority Hamas party over the legitimacy of the bill on Monday that resulted in Abbas losing the powers [JURIST report] until the Supreme Court rules on the issue. Hamas members claim that they have the power to revoke the legislation without having to pass a new law, while Fatah members claim that the bill was properly approved by a legitimate parliament and therefore must be revoked in accordance with the law. JURIST's Paper Chase has continuing coverage of the Palestinian Authority [JURIST news archive]. BBC News has more.

In other international legal news ...

• Ugandan President Yoweri Museveni [BBC profile] told EU and US officials that Ugandan opposition leader Kizza Besigye [BBC profile] would not have to face another trial under the General Court-Martial on charges of treason and firearms possession [JURIST report] while also being tried for the same charges in civilian court. Museveni declined to say whether the charges would be dismissed however, prompting concerns that the GCM proceedings could be re-initiated following the conclusion of the civilian trials. Uganda's Constitutional Court has ruled that the concurrent trial of Besigye by the GCM is unconstitutional [JURIST report] and ordered the GCM to cease and desist. GCM Chairman Elly Tumwine has defied the ruling [JURIST report] however, and proclaimed their intent to continue the prosecution of Besigye and his co-defendants. JURIST's Paper Chase has continuing coverage of Uganda [JURIST news archive]. Uganda's Daily Monitor has local coverage.
  
  
• Mexico [government website in Spanish] has announced plans to increase security at its immigration facilities that deal with hundreds of Cuban immigrants seeking entry into the country. The announcement follows the riot and kidnapping of a Mexican immigration official by Cuban detainees who were attempting to bargain for their release into Mexico. Currently, illegal immigrants ineligible for asylum under international law are detained in border facilities that are allegedly worse than most Mexican prisons. Cuba [government website in Spanish] must recognize the detained individuals before they can be returned home, a process often delayed by the Cuban government, allegedly as a punishment to those who left the only remaining communist nation in the western hemisphere. Mexico routinely deals with thousands of illegal immigrants from Central and South America in a matter of days, but Cuban illegal immigrants can face months of detention before being returned. JURIST's Paper Chase has continuing coverage of Mexico [JURIST news archive]. AP has more.
  
  
• David Mills, a private lawyer and husband to British Culture Secretary Tessa Jowell, is scheduled to hear from prosecutors in Milan, Italy on whether or not he will be indicted on charges of allegedly falsifying testimony [JURIST report] in court for financial gain on behalf of Italian Prime Minister Silvio Berlusconi [official profile]. Concerns were raised over Mills' relationship with Berlusconi after a financial review revealed that Mills had accepted a "one time gift" of more than £300,000 (GBP) from the Italian prime minister. Berlusconi, often alleged to be the "most corrupt ruler in Europe," and Mills have both denied the allegations. If convicted, Mills could face actual incarceration under Italy's anti-corruption laws. JURIST's Paper Chase has continuing coverage of Italy [JURIST news archive]. BBC News has local coverage.

[JURIST] Appellate judges at the International Criminal Tribunal for the former Yugoslavia [official website] on Wednesday reduced the sentence [press release] of former Bosnian Serb army commander Momir Nikolic [ICTY case backgrounder] to 20 years, saying the lower chamber erred by failing to recognize Nikolic's cooperation with prosecutors. As part of a plea agreement [text], Nikolic pleaded guilty in 2003 to one count of persecution and prosecutors dropped other charges, including genocide, murder and extermination, in exchange for Nikolic's testimony against former superiors. Nikolic became the first Bosnian Serb military officer to publicly tell of the 1995 Srebrenica massacre [BBC backgrounder] from the military's perspective.

In December 2003, Nikolic was sentenced to 27 years in prison [sentencing judgment; JURIST report], with the trial court saying that Nikolic played a significant role in the massacre of over 8,000 Muslims at Srebrenica. In the appeals ruling [judgment text, PDF; summary], the court reduced Nikolic's sentencing because the trial court relied on an incorrect translation of a statement from Nikolic about the number of deaths during the massacre; the trial court erred in allowing the same factor - Nikolic's active role in the massacre - to influence Nikolic's sentence twice when considering the gravity of the offense and as an aggravating factor; and because the trial court failed to take into account the prosecution's assessment of Nikolic's cooperation. AP has more.

[JURIST] Majority Republicans on the US Senate Select Committee on Intelligence [official website] agreed Tuesday to establish a new seven-member subcommittee to oversee surveillance methods [press release] utilized by President George W. Bush's domestic spying program [JURIST news archive], but passed up a proposed full-scale investigation [Sen. Jay Rockefeller motion, PDF] of National Security Agency [official website] eavesdropping on US citizens. Democrats on the Committee opposed the oversight plan and claimed they had been shut out of discussions about it with the White House.

Senator Mike DeWine [official website] and three other Senate Republicans moderately critical of the program have meanwhile put forward an alternate proposal - the Terrorist Surveillance Act of 2006 - which would require the White House to provide justifications and obtain warrants for eavesdropping beyond 45 days, and would include a sunset of five years on the program as a whole if that were not extended by Congress. Reuters has more.

[JURIST] UN Secretary-General Kofi Annan [official profile] questioned the legality of the "arbitrary detention" of thousands of Iraqis by Coalition and Iraqi forces in his latest periodic report [PDF] to the UN Security Council on the situation in Iraq released Tuesday. Annan suggested that although international law allows for internment in situations requiring 'imperative reasons of security', actions by the Multi-National Force (MNF) and Iraqi authorites go beyond what is legally permitted.

Annan also expressed concern over the increase in sectarian strife [UN news report] and the February 22 bombing [JURIST report] of a Shiite Shrine, and lamented the failure of Coalition forces to publish results from an investigation of alleged torture at the Interior Ministry detention center in Baghdad. AP has more.

[JURIST Europe] UK Foreign Office Minister Kim Howells [official profile] has warned that operations at the US detention facility in Guantanamo Bay, Cuba [JURIST news archive] threaten democracy and has urged the closing of the facility in order to restore faith in the "shared values" of Britain and the US. The outspoken minister, charged with overseeing British policy in the Middle East in the name of UK Foreign Secretary Jack Straw, was speaking Tuesday in the House of Commons [official website].

British Prime Minister Tony Blair [official profile], although having said the camp is "an anomaly that had to be dealt with" [JURIST report] and having expressed hope [JURIST report] that it will eventually be closed, has thusfar refrained from specifically calling for its immediate shutdown. Howells' comments come on the heels of a visit to London by US Attorney General Alberto Gonzales [official profile] aimed at garnering more British support for Guantanamo Bay and US policy in the "war on terror." Gonzales Tuesday questioned the necessity of certain Geneva Convention provisions [JURIST report] and has continued to say the detention camp is necessary and lawful. The Independent has local coverage.

Angela Onikepe is an Associate Editor for JURIST Europe, reporting European legal news from a European perspective. She is based in the UK.