[JURIST] Nigerian Vice-President Atiku Abubakar [official profile; official website] was charged Tuesday with more than a dozen counts of corruption. The charges filed before the Code of Conduct Tribunal, a special corruption court that has the power to strip elected officials of immunity, were related to the alleged diversion of $125 million dollars of public money to private interests, as well as allegations of receiving more than $4.6 million dollars in bribes. Supposedly some $6 million dollars were diverted from a special petroleum fund to iGate [corporate website], a Louisville, Kentucky-based communications company, which tried to do business in Nigeria in 2004. US Rep. William Jefferson (D-LA) [JURIST news archive] has been under investigation since March 2005 for allegedly taking bribes from that same company in return for using his position to help them.

While Abubakar has brushed off [Ajuba Daily Trust report] the charges as illegal, and is attempting to reject them on jurisdictional grounds, the tribunal has been effective before. In December, the Nigerian tribunal charged [JURIST report] Abubakar’s ally, Diepreye Alamieyeseigha, then governor of the oil-rich Bayelsa state [backgrounder], with corruption stemming from failure to declare properties and bank accounts. Alamieyeseigha has since been impeached.

Corruption has lately become a major political issue in Nigeria, with allegations [BBC report] being made both from and about senior political leaders. In 2004 Global Integrity, a DC based non-profit tracking governance and corruption trends, issued a report [text] ranking Nigeria 14th out of 25 countries, or "weak" on its Public Integrity Index. Nigeria's Economic and Financial Crimes Commission recently reported that 31 of 36 Nigerian state governors are currently under investigation for alleged corrupt practices [VOA report]. AP has more.

[JURIST] Lawyers representing the estate of former Enron [JURIST news archive] chairman Ken Lay [Houston Chronicle profile; JURIST news archive] have filed papers asking US District Judge Sim Lake [Houston Chronicle profile] to rule on a nearly two-month-old request to clear Lay’s record [JURIST news archive], dismissing his 2004 indictment [final redacted indictment, PDF] and subsequent conviction [JURIST report]. In 2004, the US Fifth Circuit Court of Appeals ruled in US v. Estate of Andrew Clyde Parsons [opinion text, WPD] that a defendant’s death during a pending appeal erases an entire case, as the defendant cannot challenge his conviction. Lay died [JURIST report] of heart disease on July 5 this year.

Prosecutors asked Lake to defer a ruling [JURIST report] on the erasure request until October 23, 2006, the date Lay was to be sentenced, so as to give time for Congress to pass new legislation that would preserve convictions despite a defendant’s death. In this week’s filing, Lay lawyer Samuel Buffone [profile] is seeking to expedite Lake’s ruling on the grounds that Congress adjourned last Saturday with neither introduction nor passage of any such bills. If Lake approves the request, the government would be unable to seize ill-gotten cash and property through the criminal case, and would instead be forced to build a forfeiture case in civil courts. The Houston Chronicle has more.

[JURIST] The whereabouts and fate of at least 40 prisoners captured by Canadian forces in and around Afghanistan [JURIST news archive] and later transferred to local or US authorities since the invasion of the country by US-led forces in 2001 is unknown, according to a Canadian newspaper report. Montreal's La Presse [media website] learned about the handovers of the uncharged detainees between 2002 and 2006 through Canadian government documents obtained under an access to information request [PDF]. The paper noted that more prisoners may have been caught and transferred since intense fighting flared back up in April between Canadian and insurgent forces.

In March, Canadian opposition politicians concerned about prisoner welfare were assured by Defense Minister Gordon O'Connor [official profile] that Ottawa had signed an agreement [text] with the Afghan government in Kabul allowing the transfer of captives in exchange for guaranteed humane treatment. The agreement did not, however, preclude any subsequent transfers of detainees to the United States. Canadian Defense Department spokesmen insist that Canada abides by the Geneva Conventions in regard to prisoner treatment. Canada currently has over 2000 troops in Afghanistan [DND backgrounder], and has lost 39 since beginning operations there in 2001. AFP has more. La Presse has local coverage [in French].

[JURIST] Liberia's Truth and Reconciliation Commission (TRC) [UN Mission in Liberia news release, PDF] began hearing public testimony Tuesday, with several people testifying about the crimes and abuse that occurred during the country's 14-year civil war [Globalsecurity.org backgrounder]. One man testified that he was taken by rebel forces as a child soldier [Amnesty backgrounder] to help with terror raids around the country, while another explained how his father was murdered as part of a political vendetta. Four of the nine TRC commissioners heard testimony in Monrovia, while the remaining traveled throughout the country to gather testimonies outside the capital.

Commissioners also heard testimony from Mohammed Sheriff, a former Liberian fighter who told the TRC that his men executed some 250 Sierra Leoneans [Reuters report] on the orders of former Liberian President Charles Taylor [JURIST news archive]. Sheriff said that his men beat and killed a Sierra Leonean warlord and executed the warlord's mercenaries, who had been fighting in the Ivory Coast's civil war. Taylor is currently awaiting trial [JURIST report] before the Special Court for Sierra Leone on crimes against humanity charges.

The TRC began its work [JURIST report] in June after its inauguration [JURIST report] in February. Liberian President Ellen Johnson Sirleaf [BBC profile] has said that the commission is intended to heal the war-torn country and uncover the truth about the civil war, but the TRC has been criticized by human rights groups [JURIST report] who instead advocate a Liberian human rights court because the TRC cannot prosecute war crimes violations. AP has more.

[JURIST] Lee Boyd Malvo [BBC profile] pleaded guilty Tuesday to six Maryland murders that occurred during a three-week shooting spree [BBC backgrounder] in the Washington, DC area [WP map] in 2002. A sentencing hearing for the pleas will occur on November 6, when Malvo is expected to receive six life sentences. Maryland prosecutors say that Malvo is seeking a deal in which he would also plead guilty to other murders that took place during the shooting spree, including that of Pascal Charlot in the District of Columbia. Although Malvo has not been formally charged in connection with Charlot's death, pleading guilty to that would make him eligible to serve his sentence in the federal prison system, and not in Virginia, where he has been assigned since his 2003 conviction [CNN report] for the Falls Church, Virginia, shooting of FBI analyst Linda Franklin.

Malvo testified in May [JURIST report] in the second trial against fellow suspect and shooting mastermind John Allen Muhammad [BBC profile], saying that Muhammed planned to "terrorize" the nation. Malvo had refused to testify in Muhammad's first trial in Virginia, where Muhammad has already been sentenced to death [JURIST report] for one murder, citing Fifth Amendment protections. In the second trial, Muhammad was convicted and sentenced to six consecutive life terms without the possibility of parole. AP has more.

[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [transcript, PDF] Tuesday in United States v. Resendiz-Ponce [Duke Law case backgrounder; merit briefs], 05-998, a case that asks justices to decide whether leaving an element of a crime out of an indictment is harmless error. Juan Resendiz-Ponce was deported because of a kidnapping conviction but was subsequently convicted after attempting to re-enter the United States illegally from Mexico in 2003 with false identification. His second conviction was overturned [opinion, PDF] by the US Court of Appeals for the Ninth Circuit because his indictment did not allege an overt act showing that he tried to enter the US. During arguments Tuesday, Deputy Solicitor General Michael Dreeben conceded that more information should have been included in the indictment. He argued, however, that the conviction should be upheld since "such an error violates the Fifth Amendment, but it is harmless." Atmore Baggot, Resendiz-Ponce's lawyer, argued the government should be forced to correct indictment errors. Justice Samuel Alito said that he did not see any defect in the indictment. AP has more.

Also Tuesday, the Court heard oral arguments [transcript, PDF] in BP America Production Company v. Watson [Duke Law backgrounder, merit briefs], 05-669, where justices will decide whether a six-year statute of limitations on lawsuits to recover damages applies to agency enforcement actions. BP America [corporate website] sued the US Department of the Interior (DOI) [official website] to prevent the Minerals Management Service (MMS) [official website], the DOI agency that manages natural gas, oil and other mineral resources, from collecting methane gas royalties that were more than six years old. BP America is appealing the US Court of Appeals for the District of Columbia Circuit decision [opinion, PDF] which affirmed a district court ruling that the statute of limitations does not apply to MMS's administrative order.

[JURIST] Thai Prime Minister Surayud Chulanont [official website; BBC profile] said Tuesday that his government will lift martial law "as soon as we can and when the situation is suitable." The promise came during the first cabinet meeting of the new government, which was installed [BBC report] Monday after receiving approval of Thai King Bhumibol Adulyadej. Human rights groups and the US government [JURIST reports] have urged Thailand [JURIST news archive] to revoke the martial law imposed [JURIST report] on the country by military leaders who seized power from former Prime Minister Thaksin Shinawatra [JURIST news archive] in a bloodless coup [JURIST report] on September 19. King Adulyadej urged the new government to help restore Thailand's international reputation by correcting its image in the eyes of foreigners.

Early in October, King Adulyadej approved [JURIST report] a 39-article interim constitution [text] drawn up by the military leadership that provides for a civilian government. The charter, however, preserves the military's say in policy through a Council for National Security [Bangkok Post backgrounder], which has the power to dismiss civilian leaders. Military officials have suggested it will take about nine months to draw up a permanent constitution, with a national referendum and elections to follow. AP has more.

[JURIST] In a plenary session of the UN General Assembly [official website] Monday, judges from the International Criminal Tribunal for Rwanda (ICTR) [official website; JURIST news archive] and the International Criminal Tribunal for the former Yugoslavia [official website; JURIST news archive] urged UN member states to work closely with the international courts to arrest suspects. ICTR President Erik Mose [official profile] and ICTY President Fausto Pocar [official profile] presented annual reports [press release] on the progress each tribunal has made in the prosecution of war criminals and investigation of atrocities in the 1994 Rwandan genocide and the Balkan wars. Mose stressed that "it is essential that member states assist and cooperate in the arrest and transfer of accused who remain at large." Pocar said the "capacity of the Tribunal to complete its mandate in accordance with Completion Strategy target dates hinges significantly upon the cooperation of all States now, specifically those in the region, in apprehending these fugitives to stand trial."

The ICTR report [PDF text] said judgments have been rendered or trials are underway for 56 suspects, and that the ICTR is on schedule to complete its cases [press release] by the end of 2008. The tribunal is still seeking 18 suspects, including Felicien Kabuga [ICTR case materials], who is charged with genocide. The ICTY report [PDF text] expressed concern over the inability to capture war crimes fugitive Ratko Mladic [ICTY case backgrounder; JURIST news archive] and former Bosnian Serb leader Radovan Karadzic [ICTY case backgrounder; BBC profile]. Pocar called [press release] "upon all Member States to assist us in our commitment to seeing that work through to the end, which includes the trials of our six remaining high-level accused and in particular, Mladic and Karadzic." AP has more. The UN News Service has additional coverage.

[JURIST] Turkey [JURIST news archive] asked the European Union [official website] Monday to express opposition to a proposed French law which would imposes fines and jail terms on anyone who denies that there was an Armenian genocide [ANI backgrounder]. France [JURIST news archive] currently has approximately 400,000 citizens of Armenian origin who claim that 1.5 million of their ancestors were killed when Turkey attempted to remove them from its borders in 1915-23. Turkey admits that many Armenians died, but contends that the numbers are exaggerated and denies that the deaths amounted to genocide. Turkish Justice Minister Cemil Cicek called on the EU to allow denials of the genocide as expressions of free speech and Turkish Prime Minister Recep Tayyip Erdogan [BBC profile] has requested French companies doing business in Turkey to protest the proposed French law.

Under the proposed legislation, those who deny the Armenian genocide would face fines approaching $57,000 and jail terms of up to one year. French legislators postponed a debate on the bill in May when Turkey threatened trade sanctions [JURIST report] against France. At the same time, Turkish lawmakers delayed discussions on a similar bill regarding denials of the French treatment of Algerians under colonial rule [JURIST report] as genocide. The Turkish parliament [official website] has now scheduled a debate [JURIST report] on that bill for next week. AP has more.

[JURIST] The military rulers of Myanmar [JURIST news archive] Tuesday resumed discussions on a new constitution [JURIST report] amidst criticism of the junta's role in the constitutional drafting process. The military has run Myanmar since 1962 and critics have noted that the talks so far have resulted in a draft that includes a continued leadership role [JURIST report] for the country's army, the Tatmadaw [Wikipedia backgrounder]. Most of the 1,000 delegates to the constitutional drafting convention were selected by the military, and opposition leader Aung San Suu Kyi [advocacy website; BBC profile] has been under house arrest [JURIST report] during the convention with her National League for Democracy (NLD) [party website] party refusing to participate.

The October session of the convention is expected to focus on elections, rules for political parties, and guidance for a "transition period" to a new government. Reuters has more.

[JURIST] Saddam Hussein [JURIST news archive] was again thrown out of court during his trial on genocide charges [BBC timeline] Tuesday after he tried to speak into the microphone during court proceedings. Chief Judge Mohammed Oreibi al-Khalifa immediately turned off the microphone and ordered bailiffs to remove Hussein from the courtroom. Hussein has been thrown out of the genocide trial on three prior occasions [JURIST report] for speaking over witnesses and refusing to observe courtroom discipline [JURIST report]. Defense lawyers for Hussein and his co-defendants are continuing their boycott of the trial [JURIST report] to protest Khalifa's appointment as chief judge, replacing former Chief Judge Abdullah al-Amiri.

In the current trial, Hussein faces genocide charges [JURIST report] for the 1988 deaths of 180,000 Kurdish villagers in the so-called "Anfal" campaign [HRW backgrounder]. He is also awaiting a verdict in the separate Dujail crimes against humanity case [JURIST report]. The verdict in the Dujail case was originally expected to be announced on October 16 [JURIST report], but has since been delayed [JURIST report] to give judges more time to review evidence. AP has more.

[JURIST] The US delivered a list of proposed sanctions against North Korea (DPRK) [JURIST news archive] to the UN Security Council [official website] Monday at a meeting to discuss North Korea's reported underground nuclear testing [JURIST report]. The US proposed a wide range of sanctions, including freezing all assets given to North Korea for its weapons and missile programs, halting the trade of materials which may be used to create weapons of mass destruction, inspection of all cargo to and from North Korea, and prohibiting trade with the country in military and luxury goods. The US has also requested that a resolution sanctioning North Korea fall under Chapter 7 of the United Nations Charter [text], which deals with threats to international peace and security and allows the Security Council to impose sanctions, break diplomatic ties with North Korea, and even enforce the resolution with military action.

Security Council experts met late Monday to discuss the proposed resolution after the Council issued a statement "strongly condemning" the nuclear test [UN News report] and urging North Korea to return to six-party talks to resolve the dispute over North Korea's nuclear program. UN Secretary-General Kofi Annan also issued a statement [text] calling the nuclear test a violation of "international norms of disarmament and non-proliferation, as well as the current international moratorium on nuclear testing." Annan added that he sees the North Korea test "as yet another reason for the international community to renew its collective effort to bring the Comprehensive Nuclear-Test-Ban Treaty into force and to make progress towards multilateral nuclear disarmament." AP has more.

[JURIST] The Mississippi American Civil Liberties Union (ACLU) [advocacy website] filed a lawsuit [press release] Monday challenging a list of felony crimes which prevent convicted individuals from voting in the state. The lawsuit was filed against the offices of the Mississippi Secretary of State [official website] and the Mississippi Attorney General [official website] on behalf of two state residents. Ten crimes were originally listed in the Mississippi Constitution [text] to restrict voting, but in 2004, the state added another eleven including robbery, statutory rape, carjacking, and shoplifting. The ACLU is challenging the added crimes.

The ACLU is petitioning the court to order a preliminary injunction and temporary restraining order to allow individuals who have committed those crimes to register to vote. They are also asking that the October 6 voter registration deadline be extended so those convicted can still vote in the November elections. Mississippi [JURIST news archive] is one of 12 states that currently allows such limitations on voting, but its rules are considered to be the country's most restrictive. AP has more.