[JURIST] US Vice President Dick Cheney [official website] on Thursday called on the Belarus [JURIST news archive] government to release opposition leader Alexander Milinkevich [official website; Wikipedia profile], who was jailed [JURIST report] last week for attending an illegal demonstration. Calling Belarus the "last dictatorship in Europe," Cheney urged Belarus President Alexander Lukashenko [official website; BBC profile] to release Milinkevich and other opposition activists. Delivering the keynote address [transcript] at the Vilnius Conference 2006 [official website], Cheney said:

All of us are committed to democratic progress in Belarus. That nation has suffered in major wars and experienced terrible losses, and now its people are denied basic freedoms by the last dictatorship in Europe. With us today are democracy advocates from Belarus. We welcome you to this conference. I had also expected to meet today with the opposition leader, Alyaksander Milinkevich -- but he was recently put in jail by the regime in Minsk. The regime should end this injustice and free Mr. Milinkevich, along with the other democracy advocates held in captivity. The world knows what is happening in Belarus. Peaceful demonstrators have been beaten, dissidents have vanished, and a climate of fear prevails under a government that subverts free elections and bans your own country's flag. There is no place in a Europe whole and free for a regime of this kind. The people of Belarus deserve better. You have the right to determine your destiny. And your great nation has a future in the community of democracies.

[JURIST] Canadian Justice Minister Vic Toews [official website] introduced two anti-crime bills Thursday in the Canadian Parliament [official website] as the new Conservative party government of Prime Minister Stephen Harper made good on its January election promises to get tough on offenders. The first bill, the Mandatory Minimum Penalties Bill [text; backgrounder; press release] would ensure that violent offenders receive a mandatory minimum sentence. The second, the Conditional Sentencing Reform Bill [text; backgrounder; press release] would eliminate conditional sentencing, such as house arrest, for those criminals committing serious crimes, such as violent and sexual offenses, crimes involving drugs, and crimes committed against children.

Under the proposed legislation, criminals who commit a serious, violent, or gang-related crime while using a gun would be sentenced to a mandatory five years in jail for a first time offense, seven years for the second offense, and ten years for the third related offense. CBC News has more.

[JURIST] Cambodia's Supreme Council of Magistracy on Thursday appointed 30 judges to preside over the Extraordinary Chambers in the Courts of Cambodia [KRT task force website; backgrounder], the joint Cambodia-UN tribunal that will try Khmer Rouge [Wikipedia backgrounder] leaders for genocide. Seventeen Cambodian and 13 international judges were selected, and a tribunal spokesman said that trial proceedings will begin next year. Two of those selected will serve as prosecutors, 14 as judges, with the rest sitting in reserve.

Last month, the UN urged a timely start [JURIST report] to the trials of aging Khmer Rouge leaders, who are alleged to be responsible for the deaths of approximately 1.7 million people by disease, forced labor, starvation, and execution during their 1975-1978 rule over Cambodia. Khmer Rouge leader Pol Pot passed away in 1998, but other key leaders are still living as free men, including second-in-command Nuon Chea, ex-head of state Khieu Samphan, and former Foreign Minister Ieng Sary [Wikipedia profile]. Two other top officials currently jailed and charged with genocide, war crimes and crimes against humanity are Ta Mok [Trial Watch profile], the 78-year-old military chief known as "the Butcher" for his alleged role in mass killings, and Duch [Trial Watch profile], age 59, who ran an interrogation and torture center. BBC News has more.

ALSO ON JURIST  Op-ed: High Time for Justice: The US and the Khmer Rouge Tribunal

[JURIST] US Sen. Arlen Specter (R-PA) [official website], chairman of the Senate Judiciary Committee [official website], said Thursday that the committee will hold further hearings on the nomination of White House aide Brett Kavanaugh [White House backgrounder] to the US Court of Appeals for the DC Circuit. Democrats have called for another hearing on the nomination to determine the extent to which Kavanaugh was involved in setting administration policies on interrogation of detainees and the NSA's domestic surveillance program [JURIST news archive] and whether Kavanaugh played a role in the administration's relationship with former Washington lobbyist Jack Abramoff [JURIST news archive], who has been convicted on corruption charges. Specter scheduled the hearing for next Tuesday, with a committee vote on the nomination to follow Thursday.

President Bush nominated Kavanaugh to serve on the federal appeals court in 2003, but the nomination has stalled over Democrats' concerns about his role in setting White House policy. Earlier this week, Senate Minority Leader Harry Reid (D-NV) [official website] said that he was considering a filibuster of Kavanaugh's nomination [JURIST report] and a second controversial nomination which would appoint Judge Terrence Boyle [US DOJ backgrounder] to the US Court of Appeals for the Fourth Circuit. Senate Majority Leader Bill Frist (R-TN) [official website] has said he wants a full Senate vote on the Kavanaugh nomination before Memorial Day. AP has more.

[JURIST] Mexican President Vicente Fox [official website, in Spanish] has sent a bill that would decriminalize the possession of small portions of such traditionally-illegal drugs as heroin, cocaine and marijuana back to Congress, reversing a statement from his office the day before that Fox would sign the bill into law [JURIST report]. Fox said Wednesday that he sent the bill back to Congress [press release, in Spanish] for changes "to make it absolutely clear in our country, the possession of drugs and their consumption are, and will continue to be, a criminal offense."

The US government and US lawmakers have criticized the bill as the antithesis of helping the war against drugs, expressing concern that the proposal could result in "drug tourism" and would have indirectly increased the already high occurrence of personal drug use in the United States. AP has more.

[JURIST] The UK High Court on Thursday rejected the petition [judgment text] of a group of British residents detained at Guantanamo Bay [JURIST news archive] appealing against the government's decision not to press the US government to release the detainees. The detainees asked the court [JURIST report] to compel the British government to try and negotiate their release and to declare the decision of UK Foreign Secretary Jack Straw [official profile] not to pursue the issue "legally unsustainable." The court refused, saying "it could not require the [government] to make a formal request. That would be an interference in the relationship between sovereign states which could only be justified if a clear duty in domestic or international law had been identified ... there is no such duty in the present case."

Last year, a group of British citizens held at Guantanamo Bay were transferred to the UK [JURIST report] by US authorities at the UK government's request and were later released. Australian Guantanamo detainee David Hicks [JURIST news archive] has petitioned UK authorities to be recognized as a British citizen in the hopes that the government will then secure his release. Hicks' mother is a British citizen, making Hicks eligible for citizenship, but the government has not yet approved Hicks' request citing public policy concerns [JURIST report]. In an appeals court decision [text; JURIST report] last month, the UK Court of Appeal held that Hicks should be granted British citizenship. From the UK, the Telegraph has more.

[JURIST] US District Judge Leonie Brinkema [official profile] has accepted the jury's recommendation [JURIST report] and sentenced Zacarias Moussaoui [JURIST news archive] to life in prison without the possibility of release. After determining that Moussaoui was eligible for the death penalty [JURIST report] during the first phase of his sentencing trial [case docket], the jury recommended [verdict form, PDF] Wednesday that Moussaoui be sentenced to life in prison rather than face the death penalty.

Moussaoui pleaded guilty [JURIST report] last year to conspiracy charges [indictment] in connection with the Sept. 11 terror attacks [JURIST news archive]. In reaching its recommendation on Moussaoui's sentence, the jury determined that Moussaoui did commit the crimes in "an especially heinous, cruel, or depraved manner in that it involved torture or serious physical abuse to the victim or victims." Three jurors found that Moussaoui had limited knowledge of the Sept. 11 attack plans and that he played a minor, if any, role in Sept. 11. Moussaoui is the first and only person convicted in the US in connection with the terror attacks. US Attorney General Alberto Gonzales said Thursday that "justice has been served" in the Moussaoui case and that he respected the jury's decision [Reuters report] to recommend life in prison. Gonzales also said that federal prosecutors will decide on a "case by case basis" whether to proceed to trial on Sept. 11-related charges against other terror suspects in US custody.

11:48 AM ET - Brinkema sentenced Moussaoui to serve six life sentences at a maximum security prison in Colorado, and told him that "it's absolutely clear who won," referring to Moussaoui's outburst Wednesday that the jury's decision not to impose the death penalty meant America lost. Brinkema said "Mr. Moussaoui, when this proceeding is over, everyone else in this room will leave to see the sun ... hear the birds ... and they can associate with whomever they want.... Mr. Moussaoui, you came here to be a martyr in a great big bang of glory ... but to paraphrase the poet T.S. Eliot, instead you will die with a whimper." Meanwhile, French officials said Thursday that they would consider asking the US to transfer Moussaoui, a French citizen, to France to serve the sentence but said that a final determination has not yet been made. AP has more.

[JURIST] The US House of Representatives [official website] has passed the Lobbying Accountability and Transparency Act of 2006 [HR 4975 summary], a bill to regulate lobbying and ethics, by a narrow 217-213 margin [roll call vote]. The bill imposes stricter reporting requirements on lobbyists and requires lawmakers to have privately-sponsored travel and gifts approved. Opponents criticized the bill for not being strong enough; the Senate version passed in March [JURIST report] is thought to be stricter.

The bill was introduced in January [JURIST report] by House Speaker Dennis Hastert (R-IL) [official website] after the scandals involving lobbyist Jack Abramoff and former Congressman Tom Delay [JURIST news archives]. Hastert has promised to appoint negotiators from the House to meet with Senators to iron out the differences in the two bills. Reuters has more.

[JURIST] Leading Thursday's international brief, US Ambassador to Zimbabwe Christopher Dell [official profile] has denied claims by Zimbabwean President Robert Mugabe [BBC profile] that the US and other Western governments were intentionally destroying Zimbabwe's international reputation, instead blaming poor government planning by Mugabe for the once-wealthy country's rapid collapse into economic and political chaos. Dell told a gathering of students and reporters in Zimbabwe that Mugabe's refusal to govern by the rule of law and his policies concerning land reform and government-controlled businesses were what resulted in Zimbabwe's current situation and that those same elements were why the international community has repeatedly condemned Mugabe for his actions. Dell also criticized the government regulation of the media and said that the lack of free, non-censored information had directly contributed to the nation's economic collapse. Dell has been threatened with expulsion previously for criticizing Mugabe's economic policies. ZimOnline has local coverage.

In other international legal news ...

• The Ugandan Parliament [official website] passed the Prisons Bill on Wednesday, which drastically reorganized the penal system in Uganda [JURIST news archive]. Chief among the changes legislated by the new law are the complete abolition of corporal punishment as a valid administrative tool and the creation of a nationwide Uganda Prisons Service, which will oversee all prisons in Uganda and be responsible for conducting regular reviews of the prisons to ensure they are complying with all penal system guidelines. The law also allows for any state-recognized human rights organization to request permission to tour a specific prison and produce a report on the conditions found there. The law codifies certain elements of the UN-based Standard Rules for the Minimum Treatment of Prisoners [text] into domestic law. From Uganda, the Daily Monitor has local coverage.
  
  
• The political cabinet of South African President Thabo Mbeki [BBC profile] has approved a final draft of the proposed Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill, which will now be submitted to the South African Parliament [official website] for consideration. The bill will permit the government to lawfully tap phone and internet conversations after obtaining a warrant from a designated judge. The bill also addresses the duties of mobile phone and SIM card providers and leading elements of the industry have met with the administration to work out what is possible in terms of keeping records of phone and SIM card purchasers. The bill also criminalizes the failure to report the theft or loss of a mobile phone. JURIST's Paper Chase has continuing coverage of South Africa [JURIST news archive]. The Mail & Guardian Online has local coverage.
  
  
• The Supreme Court of India [official website] has agreed to hear a case that will decide whether privately owned and operated educational institutions in India will be forced to comply with state-determined minimum standards for principals specifically, and educational professionals generally. The case addresses the hiring of Swami Sukadevananda of Ramakrishna Mission Vivekananda Centenary College in Rahara, which local teachers say violates the West Bengal College Service Commission Act, 1978, and the West Bengal College Teachers (Security of Services) Act, 1975. The high court that heard the case now being appealed had stated that a previous Supreme Court ruling denying the local government the right to interfere with the Mission school's constitution also implied that the local government couldn't decide who the school could hire. JURIST's Paper Chase has continuing coverage of India [JURIST news archive]. Calcutta's Telegraph has local coverage.

[JURIST] As the UN Committee Against Torture [official website] prepares to hold its review of US compliance with international laws banning torture, a US State Department lawyer said Thursday that the US does not outsource torture and claimed that allegations of secret flights and prisons are harming relations between the US and Europe. Speaking to the press before the committee's annual meeting in Geneva, US Department of State legal adviser John Bellinger [official profile] responded to questions regarding a European Parliament [official website] report released last week, which alleged that the Central Intelligence Agency (CIA) [official website] had conducted over 1,000 secret flights [JURIST report] through European territory to transport suspected terrorists as part of its rendition [JURIST news archive] policy. Bellinger claimed that "very few" such flights had taken place but did not provide any details. He also answered questions about Guantanamo Bay [JURIST news archives], saying that those who have called for the facility to be closed have not suggested a feasible alternative.

There continues to be debate on the CIA prison and rendition flight allegations. EU foreign policy chief Javier Solana said earlier this week that there is no proof that the CIA used secret prisons [JURIST report] in Eastern Europe to detain the suspects. Reuters has more.

[JURIST] As the UN Committee Against Torture [official website] prepares to hold its review of US compliance with international laws banning torture, a US State Department lawyer said Thursday that the US does not outsource torture and claimed that allegations of secret flights and prisons are harming relations between the US and Europe. Speaking to the press before the committee's annual meeting in Geneva, US Department of State legal adviser John Bellinger [official profile] responded to questions regarding a European Parliament [official website] report released last week, which alleged that the Central Intelligence Agency (CIA) [official website] had conducted over 1,000 secret flights [JURIST report] through European territory to transport suspected terrorists as part of its rendition [JURIST news archive] policy. Bellinger claimed that "very few" such flights had taken place but did not provide any details. He also answered questions about Guantanamo Bay [JURIST news archives], saying that those who have called for the facility to be closed have not suggested a feasible alternative.

There continues to be debate on the CIA prison and rendition flight allegations. EU foreign policy chief Javier Solana said earlier this week that there is no proof that the CIA used secret prisons [JURIST report] in Eastern Europe to detain the suspects. Reuters has more.

[JURIST] The US House of Representatives [official website] has passed a bill that, under the Federal Trade Commission Act, would impose stiff civil penalties and authorize jail sentences for officials from energy companies that engage in price gouging when selling gasoline or crude oil, by a 389-34 vote [roll call] Wednesday. The Federal Energy Price Protection Act [PDF text; HR 5253 summary] would require the Federal Trade Commission [official website] to define price gouging within six months of the bill's final passage, and under the proposal, fuel refiners, wholesalers and retailers who engage in price gouging will face fines from $2 million to $150 million, the possibility of imprisonment, and increased civil penalties up to three times the amount of profits earned. The bill must be approved by the Senate before it would be sent to the president for signature, but Senate leaders have not indicated when the proposal might be considered.

Another bill pushed by US Rep. Joe Barton (R-TX) [official website], chairman of the House Energy and Commerce Committee [official website], which would simplify the process of obtaining a permit for new oil refineries in the US, failed to meet the two-thirds mark needed for expedited consideration, with a 237-188 vote [roll call] along party lines. Among other proposals to address rising gasoline prices that have been rejected in Congress are a $100 rebate check for all consumers and a federal gasoline tax holiday. Also on Wednesday, President George Bush met with a group of lawmakers from both parties to discuss further measures to combat the $3-per-gallon gasoline prices that would receive bipartisan support. Bush has already suspended [JURIST report] certain rules governing the refining of gasoline. AP has more.

[JURIST Europe] Russia and China have expressed doubts about a draft UN Security Council resolution introduced Wednesday by France, Britain, and the United States. The resolution, invoking Chapter 7 of the UN Charter [text], mandates that Iran abandon uranium enrichment and contemplates the use of "further measures as may be necessary to ensure compliance." A legally-binding Chapter 7 resolution can lead to sanctions or even the use of military force. Speculations abound as to the possible meaning of "further measures" in the present draft, but Russian UN Ambassador Vitaly Churkin says that Russia will not support the use of possible military force in ensuring Iran's compliance.

Chinese UN Ambassador Wang Guangya has meanwhile said that the current draft of the resolution is "tougher than expected" and will not "produce good results." Iran continues to reiterate its intentions to continue with its uranium enrichment program and has ignored [JURIST report] a previous non-mandatory Security Council demand [text] that it immediately suspend its nuclear enrichment program [JURIST report]. Discussions on the draft resolution are expected to continue with the hope of an agreement before a scheduled meeting of foreign ministers on May 8. AP has more.

6:35 PM ET - Iranian Ambassador to the UN Javad Zarif [official profile] on Thursday rejected the draft resolution, calling it "extremely unhelpful" and saying "Iran does not respond to threats and intimidation. This draft indicates the intention of those who drafted it to create a crisis where none is needed and an atmosphere of tension our region does not need." Bloomberg has more.

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

[JURIST Europe] US Attorney General Alberto Gonzales [official profile] on Wednesday acknowledged the United States' use of rendition [JURIST news archive] flights but said that rendition was never used to transport a suspect to another country for the purpose of torture. Speaking at a news conference in Vienna after meeting with EU Justice and Security Commissioner Franco Frattini [official website], Gonzales also said that it was important that the public understand that US rendition policy was in compliance with domestic and international law.

Frattini called for transparency in upcoming meetings with members of a European Parliament [official website] special committee [official website], tasked with investigating allegations of illegal CIA activity in Europe, scheduled for next week in Washington. Last week, the committee issued an interim report [PDF text; JURIST report], drafted by Italian MEP Claudio Fava [official website], concluding that the CIA has been involved in renditions and the kidnapping of suspected terrorists within EU territory who were then transported to countries for torture. The findings of the report were based on testimony received from experts, rights groups, and alleged kidnap victims but no concrete evidence has been produced. Reuters has more.

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