[JURIST] The American Civil Liberties Union [advocacy website] on Tuesday released new US Army documents [document list] it obtained through a Freedom of Information Act action purportedly showing that officials had knowledge of reports of abuse at detention facilities in Iraq and Afghanistan [JURIST news archives] before photos from Abu Ghraib prison [JURIST news archive] first surfaced. Among the documents was an information paper [PDF text] titled "Allegations of Detainee Abuse in Iraq and Afghanistan," which was written in early April 2004 and details 62 investigations into alleged detainee abuse and deaths. ACLU officials said the document showed that US officials knew of widespread abuse, despite claims that the Abu Ghraib scandal was ostensibly limited to a few individuals.

The ACLU also said that another document [PDF text] implicates Army Lt. Gen. Ricardo Sanchez [official profile, PDF] in authorizing abusive interrogation of detainees in Iraq. According to the Defense Intelligence Agency [official website] record, an Army officer reported that Sanchez had ordered interrogators to, as the officer put it, "go to the outer limits" in obtaining information from detainees. The ACLU has previously said [JURIST report] that Army documents show Sanchez authorized abusive interrogation tactics. The ACLU has more.

[JURIST] No proof exists that the CIA used secret prisons in eastern Europe for terror suspects, EU foreign policy chief Javier Solana [official profile] said Tuesday. Solana, the high representative for common foreign and security policy in the EU, also told the European Parliament [official website] that he lacked the power to investigate the rendition [JURIST news archive] allegations, which first surfaced in the media last fall. According to Solana, an investigation into the claims can only be opened by the European Commission [official website] or as a result of a joint request by a third of EU member states. Solana's powers are limited under the EU charter, as he is not a formal foreign minister. Some MEPs argued that Solana could question member states about the issue.

Italian MEP Giovanni Claudio Fava [official website] issued an interim report [JURIST report] last week that the CIA has transported terror suspects on more than 1,000 flights over European territory. EU terrorism chief Gijs de Vries [BBC profile] has said the existence of the prisons cannot be proven [JURIST report]. Reuters has more.

[JURIST] The dominant Sunni Arab political party Iraqi Accordance Front (IAF) [Wikipedia backgrounder] on Tuesday called for a leading role on a legislative committee that will consider possible amendments to the Iraqi constitution [JURIST news archive] in upcoming months. Senior IAF official Iyad al-Samarrai said the IAF should lead the committee because the party had demanded the opportunity to amend the constitution after it was approved in a referendum [JURIST report] last fall. The Iraqi parliament is expected to begin discussing the formation of the committee after it convenes Wednesday for the first time since December elections.

Iraqi leaders agreed to form the constitutional committee last fall as part of a US-brokered last-minute deal [JURIST report] that allowed the constitutional referendum to go forward despite concerns over support from the Sunni population. Sunnis are concerned that the current constitution gives too much autonomy to Kurds and Shiites, who control the oil-rich portions of the country. Reuters has more.

[JURIST] Ten states sued the National Highway Traffic Safety Administration (NHTSA) [official website] on Tuesday over new fuel economy standards the agency adopted in March [JURIST report]. The states, led by California Attorney General Bill Lockyer [official profile], are arguing that the new standards for 2008-2011 under the Corporate Average Fuel Economy system [backgrounder] were not strict enough for trucks and sport-utility vehicles and that the NHTSA has not accounted for environmental impacts of the standards it set. The states filed a petition for review [PDF text] in the US Court of Appeals for the Ninth Circuit [official website]. The other states in the lawsuit are Connecticut, Maine, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island and Vermont.

Under the rule [NHTSA news release] issued by the NHTSA, the previous category for light trucks was split into different groupings based on a vehicle's dimensions. The rule is expected to raise average fuel economy of light trucks from 21.6 to 24 mpg when it takes full effect in 2011. Lockyer's office has a news release on the lawsuit. AP has more.

[JURIST] A group of 111 opposition politicians, rights activists, aid workers and journalists went on trial Tuesday in Ethiopia on charges [JURIST report] of treason, inciting violence and attempting to commit genocide, despite calls from human rights groups for their release. If convicted, the defendants could receive the death penalty. The trial began Tuesday with the prosecution promising to show that the defendants intended "to overthrow and dismantle the duly established government through violence." The charges relate to mass demonstrations [JURIST report] in the wake of Ethiopia's May 2005 elections and alleged attacks on ethnic Tigrayans during protests against ballot fraud. Only three defendants agreed to participate in the proceedings Tuesday with the remaining questioning whether they would receive a fair trial. Several defendants said Tuesday they had been abused during their detention and the presiding judge ordered prison officials to investigate the allegations.

In a report [text; press release] Tuesday, Amnesty International [advocacy website] said that the "prisoners of conscience" have not used or advocated violence and expressed concern about the fairness of the trial. Amnesty urged the Ethiopian government:

To release immediately and unconditionally, with charges withdrawn, the political opposition leaders, human rights defenders and journalists, who are prisoners of conscience and have not used or advocated violence;

To ensure that all elements of fair trial are afforded to the defendants, including the right to be tried by a competent and independent court; to guarantee the presumption of innocence, including by ensuring that the burden of proof rests on the prosecution, and to ensure the "equality of arms" between prosecution and defendants, including by ensuring adequate time and facility for those having legal counsel to prepare a full defence and effective examination of witnesses;

To exclude the application of the death penalty, which is a violation of the right to life and a cruel, inhuman and degrading punishment;

To establish independent and impartial investigations into any allegations of torture or ill-treatment made by defendants, and to ensure that evidence obtained as a result of torture or ill-treatment is not admitted in the proceedings, and that officials suspected of having committed acts of torture or ill-treatment are brought to justice;

To ensure that defendants are treated humanely in custody in accordance with international and regional standards for the treatment of prisoners, such as the UN Standard Minimum Rules for the Treatment of Prisoners [text], with particular regard to medical treatment, family visits and communications, reading materials and writing materials for communications with families and legal representatives;

To recognize and implement the right to freedom of opinion and association for political parties and civil society groups, including freedom of the media, as set out in the Ethiopian Constitution [text] and international and regional human rights treaties to which Ethiopia is party, particularly the International Covenant on Civil and Political Rights [text] and the African Charter on Human and Peoples' Rights [PDF text];

To respect and protect the legitimate role of human rights defenders and civil society activists, in conformity with the UN Declaration on Human Rights Defenders [text].

[JURIST] Canadian Prime Minister Stephen Harper [official website] has launched a judicial inquiry [press release] into the 1985 Air India terrorist bombing [CBC backgrounder] that killed 329 people, most of them Canadians, on a flight over the North Atlantic. The bombing was the largest single modern terror attack before September 11, 2001, and resulted in the longest and most expensive trial in Canadian legal history. Ripudaman Singh Malik and Ajaib Sing Bagri were tried on charges [indictment, PDF] of conspiracy to commit murder, first degree murder of the passengers and crew of Air India Flight 182, and attempted murder of the passengers and crew, but were acquitted on all charges [JURIST report] last year. Former Ontario premier Bob Rae was then tasked with determining whether a judicial inquiry was needed and in November 2005 recommended a limited policy-based inquiry [Rae report, PDF].

Harper has appointed retired Canadian Supreme Court Justice John Major [official profile] to lead the inquiry, which will probe Canadian practices in the investigation and prosecution of terrorism, including:

whether any systemic issues relating to the assessment of the potential threat posed by Sikh terrorism prior to 1985, and the response to that threat by Canadian government officials, have been resolved and, if not, the further changes in practice or legislation that are required to resolve them,

whether any systemic problems in the effective cooperation between government departments and agencies, including the Canadian Security Intelligence Service and the Royal Canadian Mounted Police, in the investigation of the bombing of Air India Flight 182, either before or after June 23, 1985, have been resolved and, if not, the further changes in practice or legislation that are required to resolve them,

the manner in which the Canadian government should address the challenge, as revealed by the investigation and prosecutions in the Air India matter, of establishing a reliable and workable relationship between security intelligence and evidence that can be used in a criminal trial,

whether Canada's existing legal framework provides adequate constraints on terrorist financing in, from or through Canada,

whether existing practices or legislation provide adequate protection for witnesses against intimidation in the course of the investigation or prosecution of terrorism cases, and

whether the unique challenges presented by the prosecution of terrorism cases are adequately addressed by existing practices or legislation and, if not, the changes in practice or legislation that are required to address these challenges, in particular whether there is merit in having terrorism cases heard by a panel of three judges.

whether further changes in practice or legislation are required to address the specific aviation security breaches associated with the Air India Flight 182 bombing, particularly those relating to the screening of passengers and their baggage.

[JURIST] Leading Tuesday's international brief, Italian Prime Minister Silvio Berlusconi [official profile, BBC profile] has resigned his position, removing the last legal hurdle to the formation of a new Italian government [official website] under Prime Minister-elect Romano Prodi [BBC profile, campaign website, in Italian]. Berlusconi has been asked to stay in the government by Italian President Carlo Azeglio Ciampi [official profile, in Italian] until a smooth transition can be arranged. Prodi has announced that he has selected his cabinet ministers and is ready to create the new Italian administration as soon as Ciampi allows it. Ciampi will also be stepping down as president, prompting a joint session of the Italian Parliament to select a new individual for the largely ceremonial post. Berlusconi had initially refused to concede the election even after the Court of Cassation confirmed Prodi's victory [JURIST report] and an appeals court certified votes cast overseas [JURIST report]. BBC News has more.

In other international legal news ...

• The rape trial of former South African Deputy President Jacob Zuma [party profile] ended Tuesday after both sides presented closing arguments. Judge Willem van der Merwe announced that judgment for the trial would be delivered on May 8. A guilty verdict would almost certainly spell the end of any political hopes for Zuma, who was until recently the hand-picked successor for South African President Thabo Mbeki [BBC profile]. Zuma claims that he had consensual sex with his accuser and that the rape charge is part of an attempt to discredit him politically [JURIST report]. South Africa's Mail & Guardian Online has local coverage.
  
  
• Ugandan President Yoweri Museveni [BBC profile] admitted on Monday for the first time that the ruling National Resistance Movement [party website] political party is crippled with internal corruption. Due to be inaugurated soon for his third five-year term as president, Museveni admitted that investigators had confirmed corruption inside the political organization and vowed that he would forcefully pursue those guilty of graft and accepting bribes. Museveni also warned Ugandans of participating in protests and riots during the upcoming visit of Great Britain's Queen Elizabeth II to Uganda [JURIST news archive] and said that Uganda's economy was experiencing sabotage at the hands of western governments. Uganda's Daily Monitor has local coverage.
  
  
• Key elements of Kenya's proposed Sexual Offenses Bill are up for amendment in parliament, as the government works to keep the bill from being rejected by opposition MPs. The bill focuses on tightening the laws surrounding sexual harassment, public indecent exposure, and female genital mutilation, including adding criminal punishment for all three offenses. Certain MPs and even other government officials oppose the bill as too strict and claim that it fails to take cultural norms into consideration. Public Service Minister Moses Akaranga claimed that sections of the bill criminalizing sexual advances by men were extreme and other ministers have publicly mocked the legislations [VOA report] as unnecessary in Kenya. JURIST's Paper Chase has continuing coverage of Kenya [JURIST news archive]. Kenya's East African Standard has local coverage.

[JURIST] The Administrative Court of Thailand [official website] said Tuesday that it will probably release a decision in mid-May on whether the country's April 2 general election [BBC report] should be annulled. Considering its overlapping jurisdiction with two other Thai courts, including the Constitutional Court of Thailand [official website] which agreed Monday to consider a petition to void the election [JURIST report], it is unclear, however, how the country's ongoing election crisis [JURIST report] will ultimately be resolved. Thai King Bhumibol Adulyadej [official profile] called on the courts to settle the issue [JURIST report] last week.

Meanwhile, five protest leaders have been summoned to police headquarters to respond to allegations that they are attempting to overthrow the government amidst reports that political protests may begin again against Prime Minister Thaksin Shinawatra [official profile]. No charges have been brought against the five leaders yet, but they have been ordered to return for police questioning next Monday. Reuters has more.

[JURIST] US courts approved 1,773 requests for wiretaps last year in state and federal investigations, a four percent increase from the prior year, according to the 2005 Wiretap Report [PDF text; table of contents] released Monday by the Administrative Office of the US Courts [official website]. In state courts, wiretap applications grew by 17 percent to 1,148 requests with New York (391), California (235), New Jersey (218), and Florida (72) leading the numbers, while federal criminal wiretaps actually dropped 14 percent.

According to the AOUSC director's report:

A total of 1,773 intercepts authorized by federal and state courts were completed in 2005, an increase of 4 percent compared to the number terminated in 2004. One application was denied. The number of applications for orders by federal authorities fell 14 percent to 625. The number of applications reported by state prosecuting officials grew 17 percent to 1,148, with three more state jurisdictions providing reports than in 2004. Wiretaps installed were in operation an average of 43 days per wiretap in 2005, the same as in 2004. The average number of persons whose communications were intercepted dropped from 126 per wiretap order in 2004 to 107 per order in 2005. The average percentage of intercepted communications that were incriminating was 22 percent in 2005, compared to 21 percent in 2004.

[JURIST] The US has urged Nigeria against amending [JURIST report; proposed amendments text, PDF] its constitution [text] to allow current President Olusegun Obasanjo [official profile] to run for a third term in office. In an unusual statement, the US Embassy in Abujah [official website] said the US "respects the right of any country to amend its constitution through democratic, transparent and legal means" but suggested that term limits were good for democracy and expressed concerns that the Nigerian government has not been transparent or fair in the constitutional review process. There has so far been no official reaction to the statement, but last month a Nigerian presidential advisor said the constitutional amendment process was "strictly an internal affair" [Xinhua report] and that "No one should begin to cry wolf since the phenomenon accords with the basic tenets of democratic practice, especially when such mandate is exercised by the nation's legislatures." The country's National Assembly [official website] will be considering the issue in the next few weeks.

Obasanjo has not officially announced whether he will seek another term. Atiku Abubakar [official profile], the current Vice President, has hinted that he might seek the presidency and has already declared his opposition to the amendment. One concern cited by opponents is that ethnic and regional diversity in the country might be stunted if the presidency does not change more frequently. BBC News has more.

[JURIST] The trial for former Alabama Governor Donald Siegelman [campaign website; official profile] and former HealthSouth [corporate website] CEO Richard Scrushy [JURIST news archive] begins Tuesday as the pair face federal bribery and racketeering charges [JURIST report]. Siegelman is accused of accepting bribes from contractors to award state work, and Scrushy allegedly paid $500,000 to pay off Siegelman's 1999 campaigning debts in exchange for Scrushy being appointed to a state-operated review board which regulates hospitals.

Siegelman has denied the charges against him, calling it a Republican conspiracy by current Alabama Governor Bob Riley [official website], whose wife is a US attorney, and said he wants the trial completed before the June 6 primary election as he hopes to win back the governor seat. Siegelman faced prior federal charges for conspiracy and fraud, but those were dropped [JURIST report] in 2004 by a federal judge. Scrushy was acquitted [JURIST report] of being involved in a $2.7 billion accounting fraud at his former company last year. Tuesday's New York Times has more.

[JURIST] French Prime Minister Dominique de Villepin [official profile; BBC profile] expressed support Tuesday for a proposed immigration law [JURIST report; legislative materials], but indicated that its language could be amended after meeting over the weekend with leaders of the Catholic and Protestant churches in France, who oppose the bill. The National Assembly [official website, English version] will first consider the measure Tuesday afternoon, but religious and left-wing critics of the bill [JURIST report] worry that it will stifle the humane treatment of poor immigrants and change France's reputation as a country that offers shelter for those who have been persecuted in their home countries.

French Interior Minister Nicolas Sarkozy [official website, English version; BBC profile], the bill's primary sponsor, says that the proposed law would allow France to be selective in choosing skilled workers rather than accept any immigrant who tries to enter the country. The bill would grant three-year working papers for highly qualified immigrants, make it more difficult to obtain residency by marriage, and would eliminate the automatic granting of long-term resident permits to immigrants who live in France for 10 years. Reuters has more. Le Monde has local coverage.

[JURIST] Iran [JURIST news archive] Monday denounced what it called US 'threats' of possible military action against it in connection with its development of nuclear technology as illegal and urged UN action. Iranian ambassador to the UN Javad Zarif [official profile] said in a letter to UN Secretary-General Kofi Annan that "US dailies are publishing stories about possibility of aggression on Iran and whether the US would use nuclear arms against Iran and the US officials do not reject such stories." Citing an April 18 Bush press conference statement that "All options are on the table," Zarif said such statements violate international law and jeopardized the Nuclear Non-Proliferation Treaty (NPT) [PDF text]. Zarif cited alleged past violations of international law by the US as contributing factors to the urgency of his request. Iran insists on the legality of its own actions [JURIST report] under the NPT; it claims to be enriching uranium to provide energy for civilian power plants.

A March UN Security Council statement [JURIST report] demanded that Iran immediately suspend its uranium enrichment program, pending an International Atomic Energy Agency report in 30 days. The Director-General of the IAEA reported [JURIST report] Friday that Iran had nonetheless continued enriching uranium. AP has more; IRNA has local coverage.

[JURIST Europe] A Turkish appeals court has rejected a prosecutor's recommendation and has ruled that charges still stand against Hrant Dink, a high-profile Turkish-Armenian journalist and editor of the newspaper Agos [media website] who has written about the killings of an estimated million Ottoman Armenians [ANI backgrounder] in the early 20th century. Accused of publicly denigrating or insulting Turkishness under controversial Article 301 [Amnesty International backgrounder] of the Turkish Penal Code, Dink was given a six-months suspended sentence [JURIST report] last October, but in February the chief prosecutor of the Appeals Court ruled that his remarks were in no way offensive. The new court determination sends the case back to the local court where it may be reheard.

Article 301 reads:

1. Public denigration of Turkishness, the Republic or the Grand National Assembly of Turkey shall be punishable by imprisonment of between six months and three years.

2. Public denigration of the Government of the Republic of Turkey, the judicial institutions of the State, the military or security structures shall be punishable by imprisonment of between six months and two years.

3. In cases where denigration of Turkishness is committed by a Turkish citizen in another country the punishment shall be increased by one third.

4. Expressions of thought intended to criticize shall not constitute a crime.