[JURIST] Legal papers belonging to Australian Guantanamo detainee David Hicks [JURIST news archive] were among those seized by US investigators [JURIST report] in a probe into the June suicides of three other Guantanamo inmates [JURIST report] - a Yemeni and two Saudis - at the US military prison in June, according to Australian media reports Monday. The seizure of Hicks' material and similar "attorney-client communications" belonging to other detainees was disclosed in US federal court papers filed last week. In July the US filed a request with the US District Court for the District of Columbia asking for permission to review [JURIST report] about 1,100 pounds of confiscated personal papers taken from prisoners. If the government's request is granted, a special panel will review all the detainees' documents, including letters from attorneys, and would report anything found that threatens national security or "imminent violence," but not any information that violates attorney-client privilege.

Reacting to the disclosed seizure, Hicks' US military lawyer, Major Michael Mori, called the attorney-client privilege the "last right" of prisoners at the camp that was being respected and expressed disappointment it too was now being breached, but he said he was confused as to why material was taken from Hicks, as he has been kept in isolation in a part of the prison separate from where the prisoners who committed suicide were housed. The Sydney Morning Herald has more. The Herald reported Saturday that Hicks was stripped of British citizenship [JURIST report] in July by order of the UK Home Secretary just one day after he was secretly made a citizen after a lengthy court battle undertaken in hopes that the British government would seek his release.

[JURIST] US District Judge Marcia Cooke has dismissed [PDF] one of the charges brought against terror suspect Jose Padilla [JURIST news archive] and his two co-defendants, ruling that the charge is "multiplicitous" and violates the Double Jeopardy Clause [LII backgrounder] of the Fifth Amendment to the US Constitution. In an order [PDF text] made available Monday, Cooke dismissed Count 1 of the indictment [PDF text], conspiracy to murder, kidnap and maim persons in a foreign country, because the allegations in that count were already covered in Counts 2 and 3, conspiracy to provide material support for terrorists and material support for terrorists. Cooke said that the government "charged a single conspiracy offense multiple times, in separate counts, when in law and fact, only one crime has been committed."

Padilla, initially suspected of planning to set off a "dirty bomb" in the United States, was charged [JURIST report] last year on unrelated terrorism charges. He was transferred to civilian custody [JURIST report] in January of this year, when he pleaded not guilty [JURIST report] to the charges. His trial is scheduled to begin [JURIST report] January 22. AP has more. The Miami Herald has local coverage.

[JURIST] US Attorney General Alberto Gonzales [official profile] on Monday called on all states to standardize their criminal statutes dealing with sexual predators during a speech [text] given at the 18th Annual Crimes Against Children Conference [PDF materials] in Dallas. Gonzales praised most states for their efforts in rewriting statutes to effectively charge, convict, sentence, and punish sexual predators, but called on state legislatures to ensure that prosecutors have sufficient subpoena powers in such cases. Gonzales also recommended that all states categorize possession of child pornography as a felony offense, even where the defendant has no intent to distribute, and called on lagging states to raise maximum sentences for certain types of sexual abuse and exploitation.

Gonzales further applauded the July enactment of the Adam Walsh Child Protection and Safety Act of 2006 [HR 4472 summary; PDF text; JURIST report], which creates a national database where sex offenders are required to register their homes or workplaces, or face felony prosecution carrying a maximum penalty of ten years in prison. Gonzales opened his speech by unveiling a joint public service advertising campaign between the Department of Justice (DOJ) [official website], the National Center for Missing & Exploited Children [advocacy website], and the Ad Council aimed at cautioning young teenagers, especially girls, not to share private information over the Internet. AP has more.

[JURIST] A Russian court on Monday rejected the case against former Russian Atomic Minister Yevgeny Adamov [Kommersant profile; JURIST news archive], citing factual errors in court filings, and told prosecutors to develop the case further before presenting it to the court a second time. Adamov is charged with fraud and abuse of power for allegedly using US government funds [JURIST report] from the Department of Energy [official website] that were earmarked for Russian nuclear security for his own private commercial developments in the US and Russia. According to Zamoskvoretsky District Court chairwoman Margarita Panfyorova, prosecutors made factual mistakes in the indictment and committed procedural violations throughout the preliminary investigation.

Adamov was arrested [JURIST report] in Switzerland in 2005 on a US warrant alleging that he diverted $9 million to personal firms. He was extradited to Russia [JURIST report] in December after a series of legal battles [JURIST report] concerning where Adamov should be tried. The Russian Supreme Court released [JURIST report] Adamov in July to await trial. AP has more.

[JURIST] The Congolese Independent Electoral Commission (IEC) [official website, in French], charged with overseeing the July presidential election [AP report; tallied results] in the Democratic Republic of Congo, released the provisional results of the election on Monday, and announced that a run-off between President Joseph Kabila [BBC profile], who won 45 percent of the vote, and Vice President Jean-Pierre Bemba [Wikipedia profile], who won 20 percent, is scheduled for October 29. A spokesperson for UN Secretary-General Kofi Annan released a statement [text] welcoming the results and instructing political parties to respect the provisional results and to use the legal process rather than violence to protest the outcome. An IEC spokesperson said that with the provisional votes now official, parties may submit voting fraud complaints to the Supreme Court of Congo.

Earlier in August, Congo authorities arrested six people for ballot fraud [JURIST report] after an opposition group alleged widespread irregularities [JURIST report]. Other minor candidates have complained that the international community has failed to react to "massive irregularities" during the election. Several international election watchdogs who were present for the July elections said they observed little or no fraudulent vote activity that would affect the outcome of the elections. AP has more. The UN News Centre has additional coverage.

2:27 PM ET – AP is reporting that gunfire erupted at the home of presidential candidate Vice President Jean-Pierre Bemba, and a UN spokesperson announced that 150 UN troops in 20 armored trucks were deployed to Bemba's house to remove the presidential candidate and other foreign officials to a safe area. At the time the shooting began, Bemba was holding a meeting with several foreign ambassadors. AP has more.

[JURIST] A judge in Missouri heard arguments Monday in a lawsuit challenging a Missouri law [SB 1014 summary; text, PDF] requiring voters to show photo identification [Missouri Dept. Revenue backgrounder] before being permitted to vote. The class-action lawsuit seeking a permanent injunction [JURIST report] against enforcement of the law was filed by Democratic Party officials in July. The bench trial began Monday and the defense plans to argue that the law amounts to an illegal poll tax because it requires citizens who do not have an ID and cannot locate a birth certificate in order to obtain an ID to replace the birth certificate at a cost of $15. The law provides that if a person does not have an ID on election day, they may cast a provisional ballot which will be counted after their identities are confirmed.

Similar laws have been both upheld and struck down in Indiana and Georgia respectively. In April, a federal court in Indiana upheld [JURIST report] a law [text, PDF] requiring voters to present a government-issue photo ID at the polls. A Georgia revision [SB 84 materials] of a voter ID law was again blocked from enforcement [JURIST report] in July. A previous version [text, PDF] of the law was blocked by a federal judge last year [JURIST report] because it discriminated on the basis of the voters' ability to pay for the ID, thereby functioning as a poll tax. AP has more.

[JURIST] UK authorities on Monday charged 11 people [press release] in connection with the foiled terror plot [JURIST report] to bomb airplanes crossing the Atlantic Ocean. Eight were charged with conspiracy to commit murder and with preparing acts of terrorism, a violation of Section 5 of the Terrorism Act 2006 [text], for the alleged plan to manufacture a bomb to explode on an aircraft. In addition, three people were charged under the Terrorism Act 2000 [text], one with possession of articles useful to a person preparing an act of terrorism, and two with failing to disclose information of material assistance in preventing an act of terrorism. One detainee was released without charge.

Deputy Assistant Commissioner Peter Clarke, who leads the MPS Anti-Terrorist Branch [official website], told reporters that the international scope of the investigation necessitated the delay in announcing the charges. Under the Terrorism Act 2006, authorities are permitted 28 days to investigate before announcing terrorism-related charges, and last week, a British judge extended the detention of 23 suspects [JURIST report] to facilitate the investigation, prompting one suspect to challenge his detention [JURIST report]. Eleven suspects who have not been charged remain in custody. Among the evidence the prosecution will rely upon, according to Clarke, are video and audiotapes of the suspects taken before the August 10th arrests, the bombmaking materials, so-called "martyrdom videos," and thousands of gigabytes of digital information discovered from computers, digital media, as well as forensic evidence. BBC News has more.

[JURIST] A hearing in China's case against former New York Times researcher Zhao Yan [HRIC profile, PDF] has been scheduled for Friday, Zhao's lawyer announced on Monday. Zhao is charged with providing state secrets to foreigners, and faces a possible prison sentence of 10 years. The court could render a verdict during the hearing, which was previously delayed in both July and June [JURIST reports]; however, it remains unclear whether a verdict will actually be handed down.

Zhao was formally indicted [JURIST report] on the state secrets charges in December after a 2004 New York Times report [text] revealing the resignation of Jiang Zemin as head of the military before it was formally announced by the government. The charges were dropped in March, but China continued to detain Zhao [JURIST reports] and eventually reinstated the charges. The Chinese maintain that Zhao's detention is legal [JURIST report] under Chinese law. Reuters has more.

[JURIST] UN nuclear inspectors said Monday that Iran has denied them access to an underground nuclear site, and UN officials said that by refusing to allow access Iran may be in violation of the Nuclear Non-Proliferation Treaty [PDF text; JURIST news archive] Meanwhile, Ayatollah Ali Khamenei [official website], Iran's supreme leader, said Monday that the country would continue to pursue nuclear technology.

Tuesday is the self-imposed deadline for Iran to respond to a package of commercial incentives offered by the United States, Britain, France, Germany, Russia, and China aimed at persuading Iran to end its nuclear enrichment program. Iranian officials have previously threatened to reject the package [JURIST report] and have continuously asserted that it is Iran's right to continue with its nuclear program [JURIST report]. UN Security Council Resolution 1696 [PDF text; JURIST report], adopted on July 31, has set an August 31 deadline for Iran to stop its uranium enrichment program, but Iranian President Mahmoud Ahmadinejad [official profile, English version; BBC profile] has already dismissed the resolution [JURIST report], citing Iran's right to peaceful use of nuclear fuel. AP has more.

[JURIST] Former Burundi President Domitien Ndayizeye [Wikipedia profile] was arrested Monday in connection with an ongoing investigation into an alleged plot to overthrow the current government. Authorities say he was taken in for questioning by prosecutors. Earlier this month, Burundi officials arrested five former government officials [JURIST report], including the former vice president, in connection with the alleged planned coup.

Family members of those arrested have accused Burundi authorities of abusing the detainees [JURIST report] by on local radio broadcasts. Violence between the majority Hutus and minority Tutsis has racked Burundi since its 12-year civil war [Global Security backgrounder], which was sparked by the assassination of the country's first democratically elected Hutu president in 1993. VOA has more.

[JURIST] Indonesian authorities on Monday stayed the executions of Amrozi Nurhasyim, Ali Gufron and Imam Samudra, three of the men convicted for the bombings that killed over 200 people at a Bali nightclub in 2002 [BBC report], allowing time for the men to file a final appeal. The executions [JURIST report] had been scheduled for Tuesday, but defense lawyers said in July they planned a final appeal, even threatening to sue [JURIST report] the Indonesian attorney general's office if their clients' executions were carried out before they filed for judicial review. The three men have confessed to the crime, but lawyers representing the bombers plan to argue before the Indonesian Supreme Court that the convictions are illegal because the court applied an anti-terror law [BBC backgrounder] retroactively, relying on a 2004 Indonesian Constitutional Court ruling [JURIST report] prohibiting retroactive application of the anti-terror law passed in the wake of the 2002 Bali bombings. Defense lawyers are waiting to file the appeal petition until a decision has been made on the defense's request for a change of venue. The defense has argued that the appellate review should not be held in Bali due to bias.

Officials stated in July that the executions would likely take place in August [JURIST report]. Last October, the three men declined to seek presidential pardons [JURIST report] stating that they were prepared to be executed as martyrs. AP has more.

[JURIST] One of the terror suspects arrested in London earlier this month in connection with the foiled terror plot [JURIST report] to bomb airplanes crossing the Atlantic Ocean has challenged his continued detention in a London court. Lawyers for "Detainee J" have petitioned the High Court in London for an emergency hearing Monday in an attempt to secure an order compelling the government to disclose the reasons for the detention. Last week, a British judge extended the detention of 23 suspects [JURIST report], allowing police more time to question the detainees and hold them without charge. Detectives may now question 21 of the suspects until August 23 and two of the suspects until August 21.

The Terrorism Act of 2006 [text, PDF] allows police to hold someone suspected of terrorist activity without charge for a maximum of 28 days from arrest, provided that a court is advised of the reasons for continued detention. Those reasons are kept secret, and Detainee J's lawyers hope that if the judge grants their disclosure request, the decision will serve as an important step toward securing a ruling that the detention is unlawful. AFP has more.

[JURIST] Philippine President Gloria Arroyo [official website; BBC profile] on Monday appointed an independent commission [press release] to investigate "the series of extrajudicial killings of journalists and militant activists in the country." Arroyo has been criticized for the government's failure to solve the growing number of politically motivated killings of leftist activists and journalists. Members of Bayan [advocacy website], a leftist advocacy group, question the credibility of the commission. A Bayan press release [text] quotes Renato Reyes, Bayan secretary general, as commenting that "it is truly ironic that government agencies who have a record of covering up for the administration are now the ones being tasked to conduct an independent probe of the political killings." A government spokesman defended the independence of the commission [press release], saying that the panel will be "given a free hand in conducting its investigations."

Amnesty International [advocacy website] last week called on the Philippines to investigate the killings [AI report] and resolve "a continuing failure by the authorities to act with due diligence in investigating and prosecuting such violations." VOA has more. The Manila Times has local coverage.

[JURIST] Carla Del Ponte [official profile], chief prosecutor for the International Criminal Tribunal for the former Yugoslavia [official website], on Monday called Serbia's continued failure to arrest war crimes fugitive Ratko Mladic [ICTY case backgrounder; JURIST news archive] "inexcusable," saying he should be on trial with a group of seven Bosnian Serb military and paramilitary officers charged with massacring 8,000 Muslims in Srebrenica [BBC backgrounder; JURIST news archive] in 1995. Del Ponte's comments came during opening arguments in the trial, where the seven men face charges [indictment, PDF; ICTY case backgrounder] of genocide, crimes against humanity and war crimes. Del Ponte said that the seven were among those most responsible for the massacre, which she called the "final phase of a comprehensive criminal plan to permanently erase the Muslim population of Srebrenica," but said that Mladic should also be on trial.

Mladic, former head of the Bosnian Serb army, has escaped capture for years and his fugitive status has been a sticking point in Serbia's membership negotiations with the European Union [JURIST report; EU materials]. Mladic is believed to be hiding in Serbia and in June Del Ponte said she would ask the UN Security Council to grant the ICTY power to apprehend Mladic as well as former Bosnian Serb leader Radovan Karadzic [ICTY case backgrounder; BBC profile]. In addition, the US has cut off financial aid to Serbia [JURIST report] because of its failure to arrest Mladic. AP has more.

[JURIST] Saddam Hussein [JURIST news archive] refused to enter a plea Monday as he and six co-defendants went on trial on genocide and crimes against humanities charges [JURIST report] in connection to the so-called "Anfal" operation [HRW backgrounder] that led to the killings of as many as 100,000 Kurds in northern Iraq in the 1980s. Chief Judge Abdullah al-Amiri [JURIST report] entered a plea of not guilty on Hussein's behalf and also entered a not guilty plea for co-defendant Ali Hassan al-Majid [BBC profile], known as "Chemical Ali," who also refused to enter a plea. Hussein and six co-defendants [AP profile] all face crimes against humanity charges at the Iraqi High Tribunal, and Hussein and al-Majid face additional genocide charges. Echoing his behavior in his first trial, on crimes against humanity charges stemming from a crackdown in the Iraqi town of Dujail, Hussein refused to even give his name in court and questioned the legitimacy of the tribunal, calling it "the law of the occupation."

The court is expected to render a verdict on the separate Dujail charges [JURIST report] on October 16. Hussein is eligible for the death penalty [JURIST report] in that case, and a US official, speaking anonymously, indicated that the Anfal trial could continue posthumously [JURIST report] should Hussein be executed before proceedings in the second trial conclude. Rights groups have questioned the fairness of the Iraqi tribunal [JURIST report] and have called for the court to improve its practices for the second trial. BBC News has more.

9:52 AM ET - AP is now reporting that the trial has been adjourned until Tuesday.