[JURIST] Federal judge Leonie Brinkema late Monday afternoon quickly rejected a surprise bid by September 11 conspirator Zacarias Moussaoui [JURIST news archive], officially sentenced [JURIST report] only last Thursday to life in prison, to withdraw his guilty plea [JURIST report] and obtain a new trial. In a brief Order Brinkema said:

Defendant’s Motion to Withdraw must be summarily denied on the basis of Fed. R. Crim. P. 11(e) which provides that “[a]fter the court imposes sentence, the defendant may not withdraw a plea of guilty or nolo contendere, and the plea may be set aside only on direct appeal or collateral attack.” Because defendant was sentenced on May 4, 2006, his motion is too late and must be denied on this basis alone. Accordingly, it is hereby.

I now see that it is possible that I can receive a fair trial even with Americans as jurors and that I can have the opportunity to prove that I did not have any knowledge of and was not a member of the plot to hijack planes and crash them into buildings on September 11, 2001.

[JURIST] The floor of the Afghan parliament has witnessed its first outbreak of violence, with lawmakers physically and verbally assaulting a controversial female legislator who called several of the country's mujahedeen leaders criminals unfit for public office. Female colleagues of 27-year old anti-fundamentalist women's health worker Malalai Joya [advocacy website; BBC profile] threw plastic bottles at her and male lawmakers insulted her and allegedly made death threats in the wake of a speech Sunday. Joya was surrounded by a cordon of moderates and escaped unhurt.

In December Joya caused a furor [JURIST report] shortly after the opening of Afghanistan's first democratically-elected parliament in thirty years by calling for all of the country's human rights abusers and "criminal warlords" to be brought to justice [recorded video]. Members of the new parliament included Abdul Rasul Sayyaf, who has been accused of war crimes [HRW report; JURIST report] and Abdul Salaam Rocketi, a former Taliban commander. AP has more. Pajhwok Afghan News has local coverage.

[JURIST] All US personnel are prohibited from using torture when interrogating terror suspects and other detainees, US Department of State legal adviser John Bellinger [official profile] told the UN Committee against Torture [official website] Monday during a second day of questioning [meeting summary] in an annual review of the United States' compliance with the Convention against Torture [text]. Bellinger and Deputy US Assistant Defense Secretary Charles Stimson told the panel that there had been "regrettable incidents or allegations" of abuse at Iraq's Abu Ghraib prison [JURIST news archive], but insisted that adequate steps have been taken to ensure that interrogators follow US laws and proper procedure. Bellinger said that US intelligence agencies have consulted with the US Justice Department to make certain that internal policies follow the law, including the Detainee Treatment Act [JURIST document], enacted late last year to specifically prohibit the use of cruel, inhuman or degrading treatment or punishment of persons under custody or control of US forces. Bellinger refused to discuss specific interrogation practices with the committee.

During the first day of testimony [meeting summary; JURIST report], Bellinger and Stimson denied that the US uses extraordinary rendition [JURIST news archive] to transfer terror suspects to countries that have been known to use torture. The committee will issue a report on the US record when it concludes its current session on May 19. AP has more.

[JURIST] AP is reporting that Zacarias Moussaoui [JURIST news archive] has said that he lied about his involvement in the September 11 terror attacks [JURIST news archive] and has asked to withdraw his guilty plea [JURIST report]. Moussaoui was sentenced to life in prison [JURIST report] last week at the conclusion of a two-month sentencing trial [case docket]. He pleaded guilty in April 2005 to conspiracy charges [indictment] in connection with the Sept. 11 attacks, including conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to destroy aircraft and conspiracy to use weapons of mass destruction.

In his motion to withdraw guilty plea [PDF text], Moussaoui argues:

As stated in the attached notarized affidavit from Moussaoui dated May 6, 2005, Moussaoui wishes to withdraw his guilt[y] plea because when he entered the plea, his "understanding of the American legal system was completely flawed." Affidavit at 8. "Because I now see that it is possible that I can receive a fair trial," the Affidavit states, "even with Americans as jurors and that I can have the opportunity to prove that I did not have any knowledge of and was not a member of the plot to hijack planes and crash them into buildings on September 11, 2001, I wish to withdraw my guilty plea and ask the Court for a new trial to prove my innocence of the September 11 plot." Id. at 18.

[JURIST] Rwandan President Paul Kagame [BBC profile] said Monday that he is considering granting clemency to former President Pasteur Bizimungu [BBC profile], who is serving a 15-year prison sentence [JURIST report] for inciting violence, embezzlement, and associating with criminals after he left office in 2000. Bizimungu had appealed his conviction [JURIST report] to the Rwandan Supreme Court, but the court rejected Bizimungu's arguments [JURIST report] that his arrest and conviction had been politically motivated and that he should not have been convicted on charges different from those on which he was arrested.

Bizimungu last week sent Kagame a letter asking for clemency, saying that he "never intended to commit any crime" and that his release would be "for the good of the nation." Kagame said Monday that he has received the letter but has not yet reached a decision. Reuters has more.

[JURIST] Testimony ended Monday in the trial of former Enron [JURIST news archive] executives Ken Lay and Jeffrey Skilling [Houston Chronicle profiles] as the defense team rested their case and the prosecution called only three rebuttal witnesses. Lay and Skilling are charged [indictment, PDF] with multiple counts of fraud and criminal conspiracy for providing investors with false and misleading financial information from 1999 up until Enron filed bankruptcy in late 2001.

Both Lay and Skilling took the stand in their own defense [JURIST report], vehemently denying the charges against them. Closing arguments begin May 15 and jury deliberations are scheduled to start May 17. AP has more. The Houston Chronicle has ongoing coverage of the trial.

[JURIST] A court in the Philippines has dismissed charges against five lawmakers who were accused of taking part in a coup conspiracy [JURIST report] to overthrow the government of President Gloria Macapagal-Arroyo [official website; JURIST news archive]. The five members of the Philippines House of Representatives [official website] had taken refuge in the Congress building since the end of February in order to avoid arrest. Philippines Justice Minister Raul Gonzalez [official profile] confirmed Sunday that the charges had been dropped [AP report], and the five lawmakers emerged from the building Monday.

Arroyo declared a state of emergency [Proclamation 1017 text; JURIST report] after discovering the coup plot in February, which was in place for a week until officials determined the threat had subsided. A court in Manila has dismissed charges against over 40 former lawmakers, military officials and rebel leaders implicated in the alleged conspiracy [JURIST report], though Gonzalez said that prosecutors plan to either appeal the court's decision or file new charges. AP has more.

[JURIST] The Constitutional Court of Thailand [official website] on Monday invalidated the results of the country's April 2 parliamentary elections [BBC report], ruling that the "organization of the election by the Election Commission [official website] was unconstitutional," because the poll was held too soon after Prime Minister Thaksin Shinawatra [official profile] dismissed parliament, preventing candidates from having sufficient time to prepare for elections. In a narrow 8-6 decision, the court annulled the results of the election and in a separate 9-5 decision, the court ruled that new elections should be held. A ruling in a separate challenge to the elections is expected from the Administrative Court of Thailand [official website] on May 16, and that court is expected to reach a similar conclusion.

Thai King Bhumibol Adulyadej [official profile] called on the nation's courts late last month to take a more active role [JURIST report] in resolving the country's election crisis [JURIST report] and judges from the Constitutional, Administrative and Supreme Courts have indicated that their rulings on the elections will be consistent [JURIST report]. Thaksin called elections three years earlier than expected in an effort to win support for his troubled leadership. Instead, opposition parties boycotted the April elections and not all seats were filled, forcing Thaksin to announce he would be stepping down [BBC report], though his deputy prime minister said last week that if the court annulled the election results, Thaksin would not have to adhere to this pledge. AP has more. BBC News has additional coverage.

[JURIST] Nepal's parliamentarians have said they may impeach Nepal's Chief Justice Dilip Kumar Poudel, accusing him of failing to maintaining independence of the judiciary during the 15-month long autocratic rule of King Gyanendra [official profile; BBC profile], who gave up control of the government after pro-democracy protests [JURIST news archive] last month. The "Chief Justice should either resign or face impeachment," leftist MP Ishwar Pokharel said in the parliament. Speaking in a similar vein, other parliamentarians also demanded an immediate resignation of the chief justice and two other judges who are considered close to Nepal's 58-year-old monarch, warning the judges of impeachment if they ignore their call to resign.

Poudel has been the subject of controversy for his role in deciding a number of constitutional cases relating to people's fundamental rights during the King's direct rule from February 2005 to April 2006 and Nepal's lawmakers have alleged that Poudel "fail[ed] to protect people's fundamental rights during the king's autocratic rule." For instance, the parliamentarians said the chief justice deferred hearings on the controversial Royal Commission for Corruption Control [JURIST report], an anti-graft body formed by King Gyanendra to contain his opponents, as many as 13 times. Similarly, the chief justice, in a controversial order last November, upheld a law [JURIST report] banning Nepal's independent radios from broadcasting news programming

Appointed by the King through a decree, the chief justice was criticized by Nepal Bar Association [group website] early this year for appointing royalist judges to Nepal's courts. The relationship between the chief justice and lawyers has become cold since then. Nepal's lawyers have called for his resignation, but the chief justice has so far rejected their demands.

Kiran Chapagain is a special correspondent for JURIST writing from Nepal. He is an Assistant Senior Reporter for the Kathmandu Post.

[JURIST] A South African court on Monday acquitted former Deputy President Jacob Zuma [party profile] on rape charges, finding that testimony from Zuma's accuser was not credible and that her allegations were false. Zuma had denied the charges [JURIST report], as well as separate corruption charges [JURIST report], saying that they were part of a conspiracy to discredit him politically [JURIST report] in order to prevent him from challenging South African President Thabo Mbeki [BBC profile] in the 2009 presidential election.

Zuma still faces trial on the corruption charges. Zuma was fired [JURIST report] from his position in the government last year after one of his advisors, South African businessman Schabir Shaik [Wikipedia profile] was found guilty [JURIST report] on charges of corruption and fraud. AP has more. From South Africa, the Mail & Guardian has local coverage.

[JURIST] President George W. Bush has nominated Gen. Michael V. Hayden [official profile as director of the Central Intelligence Agency [official website], to replace Porter Goss [official profile], who resigned [JURIST report] unexpectedly Friday. Hayden currently serves as the Principal Deputy Director of National Intelligence [ODNI website] and several members of Congress have already come out against the nomination [AP report], saying that it is inappropriate for a military general to head the spy agency. Rep. Peter Hoekstra (R-MI) [official website], chairman of the House Intelligence Committee, expressed concern Sunday that the Air Force general should not head the civilian agency, saying "he is the wrong person at the wrong place at the wrong time."

Hayden's nomination must be approved by the US Senate and several members of the Senate Judiciary Committee who will review the nomination, including committee chairman Sen. Arlen Specter (R-PA) [official website], have said that they will use the confirmation hearings to question [Reuters report] the Bush administration's domestic surveillance program [JURIST news archive]. The National Security Agency [official website] began using warrantless wiretaps on communications that took place in part in the US during Hayden's tenure as NSA director, and Hayden has joined other Bush administration officials in defending the program [JURIST report].

11:10 AM ET - In announcing the nomination, Bush said:

With the agreement of the Senate, Mike will succeed a great patriot in Director Porter Goss. Under Porter's leadership, the CIA launched a five-year plan to strengthen the agency's human intelligence capabilities. This plan involves increasing the number of operatives and sources in the field, and building up the agency's analytical capabilities, so the hardworking men and women of the CIA have the resources they need to penetrate closed societies and secretive organizations. ...

I'm confident that Mike Hayden will continue the reforms that Porter has put in place and provide outstanding leadership to meet the challenges and threats of a dangerous new century. Mike Hayden was unanimously confirmed by the Senate last year for his current post, and I call on the Senate to confirm him promptly as the Director of the Central Intelligence Agency.

[JURIST] The UK High Court ruled [decision text] Monday that Apple Computer [corporate website] did not breach a 1991 trademark agreement [text] with Apple Corps [entertainment website], the record label owned by the Beatles and their families, when the computer company began promoting music products. The Beatles sued the computer company [BBC Q/A], arguing that the online iTunes music store [product website] violated the agreement, which forbids the use of the Apple trademark for any works "whose principal content is music and, or performances." According to the 1991 agreement, Apple Computer would retain the logo for its "core business."

Justice Anthony Mann ruled, however, that because iTunes was "a form of electronic shop" and "does not suggest a relevant connection with the creative work," the computer company was not in breach of the agreement. Lawyers for the record label have said they will appeal the decision. BBC News has more.

[JURIST] Leading Monday's international brief, a Sudanese government official has denied reports that Sudan would accept UN peacekeepers [CBC report] in the Darfur region [JURIST news archive] as inaccurate and unfounded. Sudan [government website] has continually rejected [JURIST report] all attempts to deploy UN peacekeepers, saying that they feared Western imperialism and would allow only African Union peacekeepers. Sudanese Foreign Ministry spokesperson Jamal Muhammad Ibrahim told reporters that Sudan would consider allowing UN assistance after the peace accords tentatively agreed to on Friday were finalized, but that the final decision would be Sudan's and that the use of UN peacekeepers could not "be imposed on Sudan." The AU has recommended that the UN take over [JURIST report] its massively underfunded peacekeeping operation starting at the end of September, but current estimates put UN deployment at six months from receipt of permission from the Sudanese government. JURIST's Paper Chase has continuing coverage of Sudan [JURIST news archive]. The Sudan Tribune has local coverage.

In other international legal news ...

• Nearly fifty protesters were arrested or detained in Egypt this weekend as they conducted rallies against the ongoing disciplinary reviews [JURIST report] of two judges known to favor political reform. The arrests and detentions were permitted under the recently extended emergency laws [JURIST report] that permit Egyptian authorities to arrest any individual engaging in protests that may "pose a threat to national security." The judges have been called before Egypt's Supreme Court to answer for their allegations that the national elections last year in Egypt were invalid due to large amounts of fraud and government interference. JURIST's Paper Chase has continuing coverage of Egypt [JURIST news archive]. AP has more.
  
  
• Kenyan Solicitor-General Wanjuki Muchemi [official profile] has announced that the Kenyan legal system will be implementing a program of mandatory alternative dispute resolution (ADR) [LII backgrounder] procedures to attempt to lighten the load on the severely overburdened judiciary. Instead of simply offering parties the opportunity to use ADR facilities, the courts will identify cases that would best benefit from ADR and will mandate those cases to the relevant ADR program. Muchemi said that the goal was to free up judges to deal with the growing number of criminal justice cases that have been delayed due to lack of presiding judges. Training courses for lawyers and judges have already begun. No date has been given for the implementation of the mandatory assignment of cases to ADR. JURIST's Paper Chase has continuing coverage of Kenya [JURIST news archive]. Kenya's East African Standard has local coverage.
  
  
• Elections for Italy's new president will begin this week, but a quick selection is unlikely, as the two major political parties in Italy have failed to agree on a candidate. The election of the new president is required before newly elected Prime Minister Romano Prodi [BBC profile] may legally form his new government. The position of president in Italy's government is largely ceremonial, but the election requires three ballots to be won by two-thirds of the members of parliament, which make a quick selection difficult. JURIST's Paper Chase has continuing coverage of Italy [JURIST news archive]. BBC News has more.

[JURIST] Lawyers for five Kuwaitis [JURIST report] formerly detained at Guantanamo [JURIST news archive] told a Kuwait criminal court Sunday that the Kuwaiti courts lack any foundation for convicting their clients of having links with al Qaeda [JURIST news archive]. Their lawyers questioned the court’s jurisdiction over persons accused of committing crimes abroad and the legitimacy of evidence collected by US interrogators at Guantanamo, suggesting that if the defendants were not innocent, they would not have been released. A lawyer acting for the detainees during their incarceration at Guantanamo said that while held by US troops in Afghanistan and Pakistan they had falsely confessed [JURIST report] to being Taliban or al-Qaida members in order to stop their torture, which they claimed included beatings with chains, electric shock and sodomy.

Government prosecutors say the five detainees, along with six other Kuwaitis still in US custody [Project Kuwaiti Freedom website] at Guantanamo, have done damage to Kuwait's political reputation. They face up to 10 years if convicted. A verdict in the case is expected May 21st. AP has more.

[JURIST] In an effort to restore his image and keep his job, Iraqi interior minister Bayan Jabor announced Sunday that a general serving in the ministry has been arrested in connection with kidnappings and death squads [JURIST report]. Seventeen others arrested with the general are facing similar accusations. Jabor said a terror group had been found in the Ministry's 16th Brigade, but did not specify whether arrests were made. As recently as last week Shiite leaders in Iraq suggested that they are willing to give up control of the Interior Ministry [JURIST report], but they now appear to be encouraging Jabor, a member of the Shiite Islamist Alliance, to keep his post in the new national unity government. Sunni Arabs meanwhile are asking for his resignation in light of continued sectarian killings, some of which were committed by men in uniform, and reported prisoner abuse [JURIST report]. The Interior Ministry has been a particular focus of contention since Americans found some 170 Sunni detainees were found in a secret police prison [JURIST report] late last year. Reuters has more.