[JURIST] The US DC Circuit Court of Appeals [official website] heard arguments Tuesday in a case brought by Guantanamo Bay [JURIST news archive] detainees challenging their designation as 'enemy combatants.' Last year, Congress passed the Military Commissions Act of 2006 [PDF text], which barred Guantanamo prisoners from challenging their indefinite detention but did allow them to appeal their "enemy combatants" [JURIST news archive] status to the appeals court. Judges Judith Rogers and Douglas Ginsburg doubted from the bench that the administration would produce classified and non-classified information the judges said they needed to review to decide the case, but the Department of the Justice (DOJ) [official website] has promised to disclose the requisite materials.

Last month, the US Supreme Court declined [JURIST report] to hear a lawsuit brought by two Guantanamo Bay detainees challenging the legality of Congress' decision to deny habeas challenges by suspected terrorists under the Military Commissions Act. In early April, the Court declined to hear [JURIST report] another case brought by other Guantanamo detainees on whether those prisoners could challenge their detention in US federal court. AP has more.

[JURIST] Germany's Federal Constitutional Court [official website, in German] Tuesday upheld [press release, in German] a 2004 statute limiting lawyers fees [German Federal Bar Association backgrounder, PDF] unless payment is negotiated beforehand. The court ruled that because the lawyers are able to negotiate higher rates with clients, a statutory cap for unnegotiated fees is permissible and justifiable as a way to protect clients from excessive expenses. A lawyer for Kapellmann & Partner [corporate website] told Bloomberg that the court failed to address a key issue with the law that relates to firms that represent government agencies. As agencies normally do not accept individual fees, lawyers do not have the ability to negotiate higher salaries, like they do when dealing with private clients.

In a statement [text, in German] responding to the court's decision, Dr. Bernhard Dombek [profile, in German], president of the German Federal Bar Association [profession website, in German], complained that such caps shift the risk of legal fees to the lawyers. Bloomberg has more.

[JURIST] A military judge Tuesday postponed to August 20 the court-martial [JURIST report] of the only officer charged with abuse in the Abu Ghraib [JURIST news archive] prison scandal. Lt. Col. Steven Lee Jordan [CBS profile; JURIST news archive], who at the time of the abuses was the second highest intelligence officer at the prison, argued at a Tuesday pre-trial hearing that he was never properly informed of his rights and pushed for a dismissal of the charges. The presiding judge at the hearing in Washington DC's Fort McNair [official website], Colonel Stephen Henley, found merit in some of Jordan's claims and threw out one charge. Jordan still faces up to 16 and a half years in prison, down from the original 22 years. Jordan's superior officer at the prison, Colonel Thomas Pappas, was granted immunity in exchange for testifying against him.

Jordan was originally charged [JURIST report] in 2006 with seven violations of the Uniform Code of Military Justice [text], including disobeying a superior commissioned officer, dereliction of duty, failure to obey a regulation, false swearing, cruelty and maltreatment, and interfering with an investigation. The trial was originally set to begin on July 10th [JURIST report], but the delay was granted to provide additional time to review documents and e-mails from the prison. AFP has more.

[JURIST] Vladimir Vukcevic [official profile], war crimes prosecutor of Serbia, told reporters Tuesday that the search for former Bosnian Serb military chief and UN-indicted war crimes fugitive Ratko Mladic [ICTY case backgrounder; JURIST news archive] "has not stopped for even a moment" and hinted at progress that will "soon [will] be able to [be] seen." Vukcevic's statement follows statements by the European Union (EU) [official website] that EU-Serbia pre-membership negotiations may resume [EUobserver report] depending on Serbia's commitment to bring war crimes suspects like Mladic and Radovan Karadzic [ICTY case backgrounder] to justice. The negotiations were suspended in May 2005 due to the EU's perception that Serbia was failing to fully cooperate the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website; JURIST news archive].

The status of war crime fugitives has long impeded Serbia and Bosnia-Herzegovina's efforts to improve relations with the EU and United States. In November of last year, a US State Department spokesperson warned that both countries can expect no further integration into NATO [JURIST report], the EU, or other Euro-Atlantic organizations until Karadzic and Mladic are captured. AP has more.

[JURIST] Prominent Iranian-American scholar Dr. Haleh Esfandiari [WWC profile] is being held and investigated by the Iranian Ministry of Intelligence and National Security for "security" crimes, a spokesperson for Iran's judiciary [official website] said Tuesday. The spokesman did not provide details, but told reporters that "the latest information I have from the judge handling the case is that the investigation... is on-going."

Esfandiari was formally arrested on May 7 and has been detained at the notorious Evin Prison [BBC backgrounder]. Iran confirmed the arrest of Esfandiari [JURIST report] Sunday, following months of alleged interrogation after Esfandiari was prevented from leaving the country. On Saturday, a state-controlled hardliner newspaper accused Esfandiari of working with the United States and Israel in plotting to overthrow the Iranian government. AP has more. AFP has additional coverage.

[JURIST] Embattled Attorney General Alberto Gonzales [official profile; JURIST news archive] told reporters Tuesday that the recommendations of resigning Deputy Attorney General Paul McNulty [official profile, JURIST news archive] were key in the firing of nine US Attorneys last year [JURIST news archive]. In comments made to the National Press Club [association website], Gonzales said that McNulty knew better than anyone else about the qualifications of the US Attorneys. Gonzales also said that he relied on McNulty's recommendations more than any other advisor when signing off on the firings. McNulty announced Monday that he will resign as early as the end of the summer [JURIST report], or when Congress approves a successor.

Congress is currently investigating whether the firings were politically motivated. Gonzales, backed by the White House, has maintained that the firings were appropriate. Many Republicans called for an end to the inquiries during a House Judiciary Committee hearing [JURIST report] last week, but several Senate Republicans, including Senate Judiciary Committee ranking Republican Arlen Specter (R-PA) [official website], have insisted that the Justice Department cannot function properly under Gonzales. AP has more.

[JURIST] Former US Deputy Attorney General James Comey [official profile] testified [transcript] before the Senate Judiciary Committee Tuesday that in March 2004, in response to Comey's reservations about reauthorizing the controversial warrantless domestic surveillance program [JURIST news archive], then-White House Counsel Alberto Gonzales and White House Chief of Staff Andrew Card [official profiles] attempted to pressure the hospitalized Attorney General John Ashcroft [official profile; JURIST news archive] to reauthorize the program. Comey, who was acting attorney general during Ashcroft's hospitalization, has not previously discussed the incident in public, which was first reported in early-2006 by the New York Times.

In February of last year, the US Department of Justice (DOJ) [official website], under Gonzales, sent a letter to then-Senate Judiciary Committee Chairman Arlen Specter (R-PA) seeking to dissuade the committee [JURIST report] from calling Ashcroft and Comey to testify before the panel, saying that their testimony would provide no new information on the NSA warrantless surveillance program. AP has more.

[JURIST] Lebanese Prime Minister Fouad Siniora [BBC profile] sent a letter to UN Secretary-General Ban Ki-Moon Monday, formally requesting that the UN Security Council establish an ad hoc tribunal [JURIST news archive] to investigate and try suspects in the February 2005 assassination of former Prime Minister Rafik al-Hariri [JURIST news archive] because "all possible means" to ratify a UN tribunal proposal [JURIST report] in the Lebanese parliament have failed. The controversial proposal, supported by Siniora but opposed [JURIST comment] by pro-Syrian Lebanese President Emile Lahoud [official profile], has been a source of major disagreement in Lebanon's deeply sectarian political arena. The pro-Syrian speaker of the National Assembly, Nabih Berri [official profile], opposes the Hariri tribunal and has refused to convene the National Assembly to prevent ratification. Lahoud responded to Siniora's letter Tuesday by saying his appeal to the Security Council was "would imply a full bypass of the constitutional mechanisms in Lebanon" and would "hamper the court's judicial capacities to hold an impartial trial." The Financial Times has more. Reuters has additional coverage. From Beirut, the Daily Star has local coverage.

Last Thursday, Syrian President Bashar al-Assad said Syria will not cooperate with the Hariri tribunal [JURIST report] if the tribunal acts to undermine the country's sovereignty by indicting Syrians.

[JURIST] The Mexican American Legal Defense and Education Fund (MALDF) and American Civil Liberties Union Foundation of Texas [advocacy websites] on Tuesday requested a temporary restraining order [press release] from the US District Court of the Northern District of Texas, seeking to block an anti-illegal immigration city ordinance [DOC text] scheduled to take effect next Tuesday in Farmers Branch, Texas. The ordinance, approved by voters [JURIST report] last week, requires apartment renters to demonstrate proof of US-residency and penalizes landlords who rent to illegal immigrants [JURIST news archive]. Landlords who do not comply with the law will face fines up to $500.

The ordinance is a revision of an earlier ordinance that was set to take effect in January [JURIST reports], but was blocked after a Texas district judge issued a temporary restraining order [JURIST report] when the Dallas suburb was sued [complaint, PDF; JURIST report] by the advocacy groups. AP has more.

[JURIST] Tyco International [corporate website; JURIST news archive] said Tuesday that it has reached an agreement [press release] to settle most of the class actions pending against it by investors who were harmed by the actions of the company's former top executives. The settlement, which is subject to the approval of the largest shareholders and the federal court, requires Tyco to establish a $2.975 billion cash fund to pay investor losses, and also to give plaintiffs half of any recoveries made in the company's lawsuits against former CEO Dennis Kozlowski, former CFO Mark Swartz [JURIST news archives], and former board member Frank Walsh. Shareholders still have pending claims against PricewaterhouseCoopers [corporate website], Tyco's former auditor.

The shareholder class action against Tyco was certified [order, PDF; AP report] by the District of New Hampshire [official website] last June. Kozlowski and Swartz were found guilty of looting the company and defrauding its shareholders out of more than $150 million in unauthorized personal compensation. In 2005, they were sentenced to prison [JURIST report] for 8 to 25 years. Tyco settled SEC charges [JURIST report] of fraudulent accounting in April 2006 for $50 million. AP has more.

[JURIST] The Supreme Court of Pakistan [official website] reconvened Tuesday to continue hearing petitions filed by suspended Chief Justice Iftikhar Muhammad Chaudhry [official website; JURIST news archive] after adjourning Monday when a Supreme Court justice objected to the presence of more junior judges on the high court panel [JURIST reports]. Lawyers for Chaudhry told the court that Chaudhry had been pressured to resign, and had initially been detained at the army office of Pakistani President Pervez Musharraf [official profile] against his will. The government said that it planned to show Chaudry's petitions were flawed when the court reconvened on Wednesday. Presiding Judge Khalil-ur-Rehman Ramday said that the whole court had "taken cognizance" of Monday's murder of Supreme Court deputy registrar Syed Hamid Raza, which Chaudhry's lawyers say was committed because of his ties to the suspended Chief Justice [JURIST report]. AP has more.

Chaudhry was technically made "non-functional" [JURIST report] by a March 9 order of Musharraf. No specifics were provided at the time of his suspension but documents subsequently disclosed [JURIST report] suggest he was officially removed on suspicion of misusing his influence to get his son jobs and promotions. Lawyers and opposition leaders critical of the move consider the suspension an assault on the independence of the country's judiciary and an indirect bid by Musharraf to continue his eight-year rule in an election year. Pakistan's Supreme Judicial Council (SJC) began an inquiry into Chaudhry's alleged misconduct, but the investigation was suspended [JURIST report] Monday after Chaudhry appealed to the Supreme Court, arguing that the SJC lacked competence to try him.

[JURIST] Lawyers for US Rep. William Jefferson (D-LA) [official profile; JURIST news archive] urged a federal appeals court Tuesday to overturn a lower court ruling [JURIST report] that the FBI's 18-hour raid on Jefferson's congressional offices was legal. Jefferson is also seeking a court order for the return of materials seized from his office [JURIST report] in May 2006 by the US Department of Justice (DOJ) as a part of an investigation into bribery allegations. Jefferson's lawyers argued that the search violated legislative privilege defined in the US Constitution's co-called Speech or Debate Clause [text] because the FBI searched through privileged materials without giving Jefferson an opportunity to review the materials. Rep. Dennis Hastert (R-IL) made similar arguments following the raid [JURIST report], and former Representatives Tom Foley (D-WA) and Newt Gingrich (R-GA) echoed those views in an amicus brief. The DOJ has argued that extra care was taken to ensure that legislative documents unrelated to the bribery investigation were protected and that excluding all evidence seized during the raid would be unnecessary.

Last January, former Jefferson aide Brett Pfeffer pleaded guilty [DOJ press release] to bribery charges for his role in the scheme. Last May, businessman Vernon L. Jackson pleaded guilty to bribing Jefferson [press release; WP report] and was subsequently sentenced to seven years in prison for paying more than $400,000 in bribes in exchange for Jefferson's influence in securing telecommunication contracts in West Africa. AP has more. MSNBC has additional coverage.

[JURIST] Egypt's Supreme Administrative Court ruled Monday that a military trial of forty top members of the Muslim Brotherhood [party website; FAS backgrounder] can go forward. The trial is scheduled to resume on June 3. The holding reverses last week's rejection [JURIST report] of the military trial ordered by Egyptian President Hosny Mubarak [official profile]. The Muslim Brotherhood characterized the ruling as a politically motivated decision to be "expected from this unjust and corrupt regime" [statement and hearing photos]. The court had rejected the Brotherhood's request for a changing of the court on the grounds that some of the judges held consultative positions elsewhere in government, including in Mubarak's administration.

The men are charged with money laundering and financing a banned organization. A civilian court had ordered the release of some detained defendants, including Brotherhood deputy supreme guide Khairat al-Shatir [BBC report], in January. Soon after, Mubarak ordered the Brotherhood members be tried before the military court, and a trial began in April [JURIST report]. The men remain in the custody of Egyptian authorities despite a second civilian court order for their release last month. AFP has more.

[JURIST] The US Department of Defense (DOD) [official website] Monday released the names and details of six former Guantanamo Bay detainees [JURIST news archive] that it claims joined the fight against the US after their release from detention. Among those so identified was Mohamed Yusif Yaqub, whom Pentagon officials said became the commander of Taliban operations in Southern Afghanistan following his release. The DOD is soon expected to release the unclassified results of an internal analysis of approximately 775 detainees [detainee list, PDF] that have been held in Guantanamo Bay detention facilities since the terrorist attacks on September 11, 2001 [JURIST news archive]. Officials say that current DOD records indicate that 95 percent of detainees have been members or affiliates of Al Qaeda or the Taliban, and that 73 percent had engaged in hostilities against US or coalition troops. Approximately 385 detainees are currently held at Guantanamo Bay.

The Pentagon's internal analysis is a response to critics, including a Seton Hall law professor who released a report [PDF text; JURIST report] in November 2006 criticizing the US military's Combatant Status Review Tribunals [DOD materials] for not providing detainees adequate opportunity to contest the accusations against them or object to their status as enemy combatants [JURIST news archive]. Reuters has more.

[JURIST] Security plans [AFPS report] implemented since February by the Multi-National Force - Iraq (MNF-I) [official website] have contributed to overcrowding in Iraqi prisons, the Washington Post reported Tuesday. A UN report released in April estimated 20,000 detainees were held in Iraq-run facilities [JURIST report] during the month of March, indicating an increase of over 3,500 detainees from the end of January. Estimates of the number of detainees held in Iraqi-operated facilities are difficult to verify because various ministries operate multiple facilities with little coordination. Deputy Justice Minister Pusho Ibrahim Ali Daza Yei told the Washington Post that the Justice Ministry, which operates prisons for convicted criminals, have provided detention space for untried detainees under the custody of the Iraqi Army and that the military detainees account for over 15 percent of the Justice Ministry's prison population. An anonymous source told the Washington Post that the "tidal wave of cases" generated by the security plans have overwhelmed the Iraqi justice system, which is mandated by Article 19 of the Iraq Constitution [PDF text, in English] to submit preliminary investigations to "a competent judge in a period not to exceed twenty-four hours from the time the arrest has occurred."

Allegations of detainee abuse [JURIST news archive], particularly by the Interior Ministry, have also increased as officials have struggled to deal with the influx of detainees. The security plans, formally known as "Operation Law and Order" and commonly referred to as the "troop surge," are intended to increase security and stability in Baghdad and Al Anbar province, and were instituted shortly after Gen. David H. Petraeus [official profile] assumed command of MNF-I. The Washington Post has more.

[JURIST] US Attorney General Alberto Gonzales [JURIST news archive] said in a speech [prepared statement] to the National Press Club Tuesday that the nationwide increase in crime is due in part to the increase in gang and gun violence among teenagers. Gonzales said that the Department of Justice (DOJ) [official website] will spend $50 million this year in efforts to reduce crime in these areas, including the use of $31 million in new funding to combat gang violence. The DOJ also announced a new initiative [DOJ backgrounder] focusing on state and local partnerships to fight violent crime. As a part of that plan, the DOJ plans to hire 70 additional prosecutors, make $125 million available to state and local governments for their efforts in fighting violent crime, and provide anti-gang training to state local police.

According to the FBI's Preliminary Semiannual Uniform Crime Report [press release, PDF; FBI materials; JURIST report], violent crimes rose by 3.7 percent months during the first half of 2006. The FBI's 2005 annual report on violent crime [text; JURIST report] showed that violent crimes increased in 2005 for the first time since 2001; the 2.3 percent increase was the largest jump since 1991. AP has more.

[JURIST] Nigeria's Presidential Election Petitions Tribunal ruled Monday that the Independent National Electoral Commission (INEC) [official website] must provide "certified true copies" of ballots from Nigeria's contested April 21 presidential elections to embattled candidate and current Nigerian Vice President Atiku Abubakar [official website; JURIST news archive]. The ruling, which stems from petitions filed by several candidates, also required the INEC to provide Abubakar a list of all officials and staff employed for the elections. Lawyers representing INEC did not object to the ruling.

In April, the INEC declared the winner of the country's presidential elections [JURIST report] to be the ruling People's Democratic Party (PDP) candidate Umaru Yar'Adua [BBC profile]. European Union and NGO observers, however, echoed Nigerian opposition leaders in their sharp criticism of the poll [JURIST report]. Allegations of fraud include multiple voting, stuffing and missing ballot boxes, as well as violence at the polls have marred the elections, which are intended to mark the first civilian government transition in Africa's most populous country. The New York Times has more. The Daily Champion has local coverage.

[JURIST] The senior Zimbabwe lawyer for soon-to-be-extradited British mercenary Simon Mann [BBC profile] was arrested Monday night for alleged violations of Zimbabwe's Immigration Act [PDF text]. Jonathan Samkange was arrested by police in Harare, Zimbabwe's capital city, for allegedly violating immigration laws in relation to a witness that testified at one of Mann's hearings. Harare police have refused to comment on the arrest and the president of the Law Society of Zimbabwe could only confirm that Samkange had been arrested, but repeated that no details of charges against the lawyer had been specified.

Samkange filed an appeal on Friday with the High Court in Harare seeking to block a recent court ruling permitting the extradition of Simon Mann [JURIST report] to Equatorial Guinea, which Samkange alleges would expose Mann to potential persecution and torture, violating his human rights. Mann is wanted in Equatorial Guinea on charges of involvement in a plot to overthrow Equatorial Guinea President Teodoro Obiang Nguema Mbasogo [BBC profile]. ZimOnline has more.

[JURIST] Former CIA Executive Director Kyle "Dusty" Foggo [Wikipedia profile] pleaded not guilty to new charges on Monday that accuse him of receiving luxury kickbacks in return for giving a $100 million contract to defense contractor and friend Brent Wilkes [Newsweek profile]. The new charges replace older corruption charges connected with the case of former Congressman Randy "Duke" Cunningham [official profile], and allege a second scheme in which Foggo provided Wilkes with classified information to bolster Wilkes' chance at winning the defense contract. In return, Foggo received vacations, private flights, and a job offer with Wilkes's firm.

In February, both Foggo and Wilkes pleaded not guilty after they were indicted by a grand jury [JURIST report] on the corruption charges. Cunningham pleaded guilty [JURIST report] in 2005 for taking $2.4 million in bribes from Wilkes and others in return for federal contracts. AP has more.

[JURIST] Twenty-five judicial officials were removed from their offices in the Lagos State Judiciary [official website] in Nigeria [JURIST news archive] Monday following allegations of corruption and bribery. State Attorney General Oluyemi Osinbajo announced the firings of 22 magistrates and three judges as part of a state and nation-wide attempt to crack down on judicial corruption using new policies that made merit the primary determination for a judge's retention on the bench. Osinbajo argued that the measures have "enriched the state judiciary and changed the overall culture of judicial appointment for the better."

Nigeria faces continuing challenges of government corruption, with the national Senate previously indicting former President Olusegun Obasanjo and former Vice President Atiku Akubakar on charges of diverting public funds for private use [JURIST report]. The Vanguard has more.

[JURIST] A unpublished report by the International Committee of the Red Cross (ICRC) [official website] obtained by the New York Times accuses Israel of disregarding "its obligations under international humanitarian law" and "reshaping the development of the Jerusalem metropolitan area" to further its interests to the detriment of the East Jerusalem population with "far-reaching humanitarian consequences." The ICRC, which does not recognize Israel's 1967 annexation of East Jerusalem [B'Tselem backgrounder], specifically criticized Israel's controversial security barrier [JURIST news archive; IDF website] that seeks to partition Israeli and Palestinian populations along the West Bank, often creating Palestinian enclaves that do not allow growth to accommodate economic development and demographic change.

Israel implemented the heightened security measures following a series of high-profile suicide bombings in 2000. Mark Regev, spokesperson for the Israeli Foreign Ministry, acknowledged that Israel received the report in February but said that the country "rejects" the characterization of East Jerusalem as occupied territory and reiterated that Israel was "committed to a diverse and pluralistic Jerusalem." In 2004, the International Court of Justice (ICJ) issued an non-binding advisory opinion [text; JURIST report] that the barrier violated international law. Tuesday's New York Times has more.

[JURIST] US Marine Capt. Randy Stone did not commit a criminal dereliction of duty in his failure to investigate the killings of 24 Iraqi civilians at Haditha [USMC timeline; JURIST news archive], Col. John Ewers said during testimony at Stone's Article 32 hearing [JAG backgrounder] Monday. While Ewers implied that Stone made a mistake by not investigating, he testified that "without being asked by his commander to do an investigation, I didn't think it rose to the level of criminal dereliction." Also on Monday, a Marine officer testified that Lt. Col. Jeffrey R. Chessani ignored advice to investigate [NYT report] whether the killings amounted to murder. Chessani allegedly declared that his men were not murderers, and refused to investigate further.

Last week, 1st Sergeant Albert Espinosa testified that Stone and others ignored his multiple requests [JURIST report] for an investigation into the incident. Stone stands accused [JURIST report] of dereliction of duty and violating a lawful order to investigate the incident; three other officers are charged with similar offenses. The Haditha investigation has culminated in the largest US military prosecution involving civilian deaths during the war in Iraq. Iraqi witnesses claim that Marines led by Staff Sgt. Frank D. Wuterich [advocacy website] shot into the homes of civilians after a fellow Marine was killed by a roadside bomb. Wuterich, who faces 13 charges of unpremeditated murder, has maintained that his unit followed the rules of engagement [JURIST report] and did not purposefully attack civilians. The NC Times has more.

[JURIST] Lawyers for suspended Pakistani Chief Justice Iftikhar Muhammad Chaudhry [official website; JURIST news archive] said Tuesday that Monday's killing of Pakistani Supreme Court deputy registrar Syed Hamad Raza at his home in Islamabad was "targeted" and that Raza had been scheduled to appear as a witness on Chaudhry's behalf. The lawyers told AFP that Raza was under pressure from many government agencies, and that it seemed the murder was linked to Chaudhry's case. Investigators originally said the murder appeared to be connected to a robbery, but Raza's wife told Reuters that no attempted robbery took place, but rather the gunmen only shot Raza and ran away.

On Monday, the Supreme Court of Pakistan [official website] adjourned the hearing of petitions [JURIST report] filed by Chaudhry after Justice Falak Sher, one of the fourteen justices on the Supreme Court, objected to the presence of more junior judges on the high court panel [JURIST report] hearing the case and refused to participate. Chaudhry had scheduled a visit to Karachi to address a meeting of lawyers supporting him, but was unable to leave the airport due to the escalation of violence [JURIST report; BBC backgrounder] Saturday between what has been characterized as pro-government Urdu-speaking Mohajir and anti-government Pashtu fractions that left more than 150 wounded and 41 dead. On Monday, opposition leaders held a general strike in Karachi and other cities to protest the violence, which government security forces allegedly allowed to take place. Following the weekend violence, Pakistan's Interior Ministry banned gatherings of over five people in Karachi, dispatched an additional 3,000 paramilitaries and has ordered security forces to shoot rioters on sight. AFP has more. Reuters has additional coverage.

[JURIST] US Attorney General Alberto Gonzales [JURIST news archive] submitted the Intellectual Property Protection Act of 2007 [DOJ backgrounder] to Congress on Monday, legislation meant to strengthen current copyright laws and provide harsher penalties for counterfeiters. The new measure would increase the maximum penalty for willful counterfeiting infringement to up to 20 years. At a speech [prepared statement] to the US Chamber of Commerce Coalition Against Counterfeiting and Piracy [advocacy website], Gonzales said that the new initiative "is a comprehensive and coordinated plan for federal agencies to work together to crack down on the growing trade in counterfeit and pirated goods."

In a conference call [transcript] concerning the new legislation on Monday, senior DOJ officials also said that obtaining international cooperation on the area of copyright law is of great importance to the department. The US has listed 12 countries as failing to provide adequate protection, including Russia, China, and Israel. AFP has more.

[JURIST] Elections held in the Philippines [JURIST news archive] to elect members of the Philippines Senate and House of Representatives proceeded Monday despite reports of violence and allegations of fraud. Government authorities attributed the death of 116 people, including 11 candidates since the election campaigning season began on January 14 to election violence directed towards candidates and voters alike. The Philippine National Police [official website] has established special Task Forces [press release] to "facilitate the augmentation of police and military personnel" in 32 of 81 provinces that were threatened by "serious armed threats," which the government attributed to communist militants from the Communist Party of Philippines (CPP), New People's Army (NPA), and "other lawless elements." Despite the violence, Avelino Ignacio Razon Jr., deputy director of the Philippine national police characterized the election process as "proceeding smoothly."

Elections in the Philippines are routinely plagued by violence, allegations of vote buying and balloting fraud. Members of the opposition have made allegations that ballot boxes containing completed ballots were discovered before polling began, and that candidate names had been removed from ballots in select voting precincts. The National Police has reported instances of confirmed electoral fraud and vote buying, as well as organized attacks against members of the Board of Election Inspectors and their police escorts. In 2006, Philippines President Gloria Macapagal [official website; BBC profile; JURIST news archive] was accused of vote rigging [JURIST report], bribery, graft, corruption, human rights abuses and violations of Philippines Constitution. The New York Times has more.

[JURIST] The Colombian high court ordered the arrest of five congressmen Monday for alleged ties to the United Self-Defense Forces of Colombia (AUC) [CDI backgrounder] and authorities have listed an additional 15 current and former congress members and businesspersons as suspected of having ties to the paramilitary group. All of the political representatives are supporters of current Colombian President Alvaro Uribe [official website, in Spanish; BBC profile], and three have already been arrested. Uribe has made it clear that any ties to paramilitary forces will not be tolerated, saying that members of government will be removed from office if it seems they have links to paramilitaries.

In March, a Colombian judge ordered the release of ex-intelligence chief Jorge Noguera [CIP backgrounder] because no formal charges had been made against him. Noguera, who was arrested [JURIST report] earlier that month, is accused of murder and conspiracy for allegedly contracting with illegal paramilitary groups [JURIST report]. BBC News has more.