[JURIST] The US House Appropriations Committee [official website] voted Thursday to defeat two independent bids by lawmakers that would have repealed part or all of the "Tiahrt Amendment" [HR 2862 summary], which since 2003 has restricted the public release of information provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives [official website] regarding gun sales. Rep. Patrick Kennedy (D-RI) [official website] Tuesday introduced a bid [press release] that would have eased restrictions on data sharing while still protecting the names of police officers investigating relevant gun crimes. Rep. Jim Moran (D-VA) [official website] had introduced a bid that rejected the Tiahrt Amendment text in its full. Those in favor of the defeated bids said that the restrictions prevent state and local law enforcement officers from obtaining critical data that could help control gun-related crimes. Proponents of the Tiahrt Amendment argue that it protects the privacy of gun owners.

Previous attempts to repeal the Tiahrt Amendment were also defeated during the last Congressional session. Senate Bill 2460 [summary] and House Bill 5033 [summary] had similarly sought to permit public access to information on the Firearms Trace Systems Database. AP has more.

[JURIST] The latest proposal [BBC report] for a UN-supervised independence plan for Kosovo [JURIST news archive] has been rejected by the Russian government, Russian Foreign Minister Sergei Lavrov [official website] said Thursday. The US, France and the UK offered the revision to a June draft resolution [JURIST report] in an attempt to compromise with Russia and Serbia, which oppose independence. Previous proposals called for immediate independence, but Lavrov said Thursday that the latest resolution was substantially the same as earlier drafts and that it simply assumed a plan by UN Kosovo Envoy Martti Ahtisaari [official website] would go into effect if 120 days of additional negtiations failed to produce results.

Kosovar Prime Minister Agim Ceku [official website] has urged the international community to quickly adopt a UN-supervised independence plan for Kosovo, saying that the Kosovar people's desire for an identity should not be held "hostage" to the opposition. In April, Kosovo's parliament voted 100-1 to support a UN plan [JURIST reports] to establish an independent Kosovar state under UN supervision. B92 has more.

[JURIST] Former Chadian president Hissene Habre [HRW materials; JURIST news archive], who has been charged with crimes against humanity, will stand trial before a Senegalese criminal court, rather than before a special tribunal as previously decided, Senegal's Justice Minister Sheik Tidiane Sy said Thursday. At an assembly last year, leaders of the African Union [official website] decided that Habre would face trial in Africa [JURIST report] on charges that he committed torture, mass killings, and other abuses in the 1980s. Senegalese President Abdoulaye Wade [official profile, in French; BBC profile] had said his country was "best-placed" to try Habre, who has been in exile there since a coup forced him from power in 1990. Sy said Thursday, however, that Wade did not want to spend the amount of money necessary for a special African war crimes tribunal.

The decision to try Habre came after an AU panel recommended [JURIST report] that Habre be tried in Senegal, Chad or another African nation that has adopted the international Convention Against Torture [text], rather than in Belgium, which issued an arrest warrant [JURIST report] for the ex-dictator. Human Rights Watch [advocacy website] has expressed concern [JURIST report] that Senegal will not try Habre promptly, pointing out that the country has twice refused to allow the prosecution to proceed. Earlier this year, the Senegalese parliament passed a law permitting Habre's trial to take place in the West African country. AFP has more.

[JURIST] A panel of the US House Judiciary Committee [official website] voted Thursday to move forward with contempt proceedings against former White House counsel Harriet Miers [official profile] after she ignored a subpoena ordering her to appear and testify at a hearing regarding the firings of federal prosecutors [JURIST news archive]. The Judiciary Subcommittee on Commercial and Administrative Law [official website] voted 7-5 to sustain a ruling by subcommittee chairwoman Rep. Linda Sanchez (D-CA) [official website], dismissing President George W. Bush's claim [JURIST report] that executive privilege makes his former advisers immune from congressional subpoenas. On Wednesday, Miers' lawyer told the committee that his client would not testify [JURIST report], under directions from current White House Counsel Fred Fielding. In a letter sent in response [PDF text], Sanchez pointed out that there have been 74 prior instances since World War II where serving White House advisers have testified before Congress, and threatened Miers with a contempt proceeding should she disregard the subpoena.

On Wednesday, former White House Political Director Sara M. Taylor [SourceWatch profile] refused to answer questions from the the Senate Judiciary Committee [official website], again pointing to Bush's assertion of executive privilege. Taylor did answer some questions, but refused to answer others, saying she would do so in the future if ordered by the courts [opening statement]. AP has more.

[JURIST] A series of interviews with US veterans of the Iraq war shows a pattern of systematic human rights abuses, according to a new report [text] in The Nation [media website]. The magazine calls the investigation, which yielded thousands of pages of typed testimony, "the first time so many on-the-record, named eyewitnesses from within the US military" have openly corroborated assertions that civilian deaths at the hands of US soldiers are far more common than the US military has acknowledged. One veteran spoke of situations where members of the military planted weapons on unarmed civilians who were accidentally shot, to justify the shooting. Several talked about a dehumanization of Iraqis, stemming from a general belief that insurgents hide amongst the civilian. The Nation said that many interviewed emphasized that indiscriminate killings of Iraqi civilians, including children, are perpetrated by a minority, but such acts are common, "often go unreported - and almost always go unpunished."

Several others studies of civilian deaths caused by US forces and the views of US troops towards Iraqis have been conducted since the beginning of the war. A 2003 Human Rights Watch report [text] included case studies discussing questionable civilian deaths. In May the Pentagon released results of a military survey [text] of the mental health of deployed troops, showing that only a minority believed that non-combatants should be treated with dignity and respect [JURIST report], 10 percent "reported mistreating noncombatants and damaging property when it was not necessary" and less than half of troops said "they would report a team member for unethical behavior." The Independent has more.

[JURIST] UN International Independent Investigation Commission (IIIC) [authorizing resolution] head Serge Brammertz [official profile] said in a report to the UN Security Council Thursday that the probe into the 2005 assassination of former Lebanese Prime Minister Rafik Hariri [JURIST news archive] has identified several suspects involved or with insider knowledge of the plot. Brammertz also said that the investigation has obtained information concerning the sale of the vehicle that contained the explosives, as well as the origins of subscriber identity modules [Wikipedia backgrounder] used in cellphones that tracked Hariri's movements. Brammertz, who is expected to brief the Security Council at New York on July 19, also cautioned that the deteriorating security situation in Lebanon has had "several negative effects" on the IIIC's ability to continue with the probe, which has been expanded [JURIST report] to include 17 other attempted or successful political assassinations in Lebanon.

In May, the UN Security Council unilaterally established [JURIST report] an ad hoc tribunal to continue the investigation and try suspects involved in the assassination. Brammertz is slated to replace Carla Del Ponte [official profile] as the next chief prosecutor [JURIST report] for the International Criminal Tribunal for the former Yugoslavia when the mandate of the IIIC expires in December. Reuters has more. UN News Centre has additional coverage.

[JURIST] Jonathan 'Jack' Idema [BBC profile; JURIST news archive], an American civilian convicted of illegal imprisonment and torture as a rogue vigilante in Afghanistan in 2004, filed a lawsuit against the Associated Press [media website] Thursday, alleging that AP defamed, libeled, and slandered him. He also alleged that AP distributed photographs and video provided by Idema or his lawyers without obtaining publishing rights from Idema's agent. AP associate general counsel Dave Tomlin characterized the suit as "nonsense."

In July 2004, Idema, a former member of the US Army Special Forces who was reportedly not allowed to re-enlist following his first tenure of service due to performance and discipline issues [court records, PDF], was arrested by Afghan forces [JURIST report] along with US journalist Edward Caraballo [personal website] and ex-serviceman Brent Bennett after a raid on their house in Kabul revealed eight Afghan captives. Idema claims that the Pentagon sanctioned his operation, which the US State Department has denied [JURIST report]. AP has more.

[JURIST] A spokesman for the Iranian Judiciary [official website] said Wednesday that 20 sex offenders and violent criminals will be executed by hanging over the next few days. Among the condemned are at least 15 arrested in May during a crackdown on "public morals" [HRW press release]. Some were arrested for homosexual conduct or alcohol consumption. Although judiciary spokesman Alireza Jamshidi told the Guardian that "thugs convicted of rape, sodomy, and assault and battery" will be executed, it is unknown if any of the condemned are being hanged solely for engaging in homosexual acts.

Iran has faced increasing international criticism [JURIST report], from international rights advocates - including UN High Commissioner for Human Rights Louise Arbour - following the stoning execution of a man convicted of adultery at the beginning of the month. Iran Wednesday announced an investigation into the judge [JURIST report] who ordered the execution. Jamshidi suggested Thursday that the stoning sentence was upheld by higher authorities, seeking to show that Iran is unfazed by international pressure. The Guardian has more.

[JURIST] The Iraqi government has shown sufficient progress in its efforts to develop a constitutional review process, but is not making satisfactory progress in passing laws on the distribution of oil revenues and de-Baathification reform, according to the Initial Benchmark Assessment Report [text] sent to Congress Thursday by the White House. The report was issued pursuant to the US Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, and President Bush said in a press conference [transcript; recorded audio] Thursday that:

Two months ago, in the supplemental appropriations bill funding our troops, Congress established 18 benchmarks to gauge the progress of the Iraqi government. They required we submit a full report to Congress by September the 15th. Today my administration has submitted to Congress an interim report that requires us to assess -- and I quote the bill -- "whether satisfactory progress toward meeting these benchmarks is or is not being achieved."

The Government of Iraq has made satisfactory progress toward forming a Constitutional Review Committee (CRC) and then completing the constitutional review. The CRC has been formed, and, while difficult issues remain, significant progress has been made on many substantive issues and technical details involved in the constitutional review process. The CRC has requested an extension to resolve remaining issues, and its Chairman remains committed to moving the process forward

De-Ba'athification reform is among the most sensitive pieces of legislation being considered as it involves competing conceptions of justice, accountability, reconciliation, and economic compensation. Senior Iraqi political leaders remain at odds over some of the most fundamental aspects of de-Ba'athification reform, including over which categories of former Ba'ath party members would be proscribed by the law....

The Government of Iraq has not made satisfactory progress toward enacting and implementing legislation on de-Ba'athification reform. This is among the most divisive political issues for Iraq, and compromise will be extremely difficult. Given the lack of satisfactory progress, we have not achieved the desired reconciliation effect that meaningful and broadly accepted de-Ba'athification reform might bring about.

The current status is unsatisfactory, but it is too early to tell whether the Government of Iraq will enact and implement legislation to ensure the equitable distribution of hydrocarbon resources to all Iraqis. The Government of Iraq has not met its self-imposed goal of May 31 for submitting the framework hydrocarbon and revenue-sharing laws to the COR [Council of Representatives]. Although the KRG [Kurdistan Regional Government] and the Shi'a parties have agreed to the text of the Revenue Management Law, Council of Ministers' approval has been delayed by a Sunni party boycott. The effect of limited progress toward this benchmark has been to reduce the perceived confidence in, and effectiveness of, the Iraqi Government.

The Government of Iraq has made satisfactory progress toward enacting and implementing legislation on procedures to form semi-autonomous regions. The regions law has been passed. Implementation of this legislation should take place after provincial elections are held and after the passage of an updated elections law. The procedures are in place, but whether establishment of additional regions (in addition to the already-recognized KRG) is desirable depends on a number of factors, including the outcome of efforts at constitutional reform. The progress toward this benchmark has been satisfactory, and the effect is that this potentially contentious issue has not been a source of discord.

There are multiple components to this benchmark, each deserving its own assessment:

• Establishing the IHEC Commission: The Government of Iraq has made satisfactory progress toward establishing an IHEC Commission. The Commission has been established.
  
• Elections Law: The Government of Iraq has not made satisfactory progress toward establishing a provincial elections law. Drafting of the law has just begun.
  
• Provincial Council Authorities: The Government of Iraq has not made satisfactory progress toward establishing provincial council authorities. The COR is working on legislation, which has had its second reading; however, the COR committee continues to work on revisions to the draft law, and it remains unclear when the legislation will come to a third and final vote by the full COR.
  
• Provincial Elections Date: The Government of Iraq has not made satisfactory progress toward establishing a date for provincial elections. Legislation required for setting the date has not been enacted.

The effect is that there is still no mechanism in place to address the under-representation of Sunnis in provincial councils that was caused by past Sunni election boycotts.

There is little progress toward legislation establishing amnesty for those who fought against the government since 2003 or who committed crimes in the name of the Iraqi Government. Neither the GOI nor the COR are pressing forward the passage of amnesty legislation.

At some point, Iraq's process of reconciliation would benefit from an amnesty that recognizes the need to avoid criminal prosecution of certain acts of a military nature committed since 2003. However, a general amnesty program would be counterproductive in the current environment....

The prerequisites for a successful general amnesty are not present; however, in the current security environment, it is not clear that such action should be a near-term Iraqi goal. The Government of Iraq has established a high-level Government of Iraq Reconciliation Committee to support and oversee efforts of groups that want to oppose AQI [Al Qaeda Iraq] and other extremist elements ?? working with a joint U.S. Embassy/MNF-I group that is facilitating such actions in coordination with units on the ground. These efforts are more relevant at this point than are general amnesty initiatives. Nonetheless, the Government of Iraq should develop amnesty programs later in the year, so they are ready to be implemented if opportunities arise. Given the absence of the necessary conditions for amnesty, the absence of amnesty legislation has had no effect. The current plan and strategy calls for the passage of such legislation when the necessary conditions are present.

The Government of Iraq has made satisfactory progress toward ensuring that the rights of minority political parties in the Iraqi legislature are protected. Minority political parties in the COR participate in COR activities in a manner consistent with minority parties in other parliamentary democracies. Women COR members work closely with each other, often across party lines. We anticipate a continued role for minorities and women in the parliament.

I'll continue to urge the Iraqis to show us that they're capable of passing legislation. But it's not just us, it's the Iraqi people. And what really matters is whether or not life is improving for the Iraqi people on the ground.

And, yes, I've got confidence in them, but I also understand how difficult it is. I'm not making excuses, but it is hard. It's hard work for them to get law passed. And sometimes it's hard work for people to get law passed here. But that doesn't mean that we shouldn't continue to work to achieve an objective, which is a government that is able to provide security for its people and provide basic services, and, as importantly, serve as an ally against these extremists and radicals.

[JURIST] A Moscow court Thursday initiated preliminary hearings for exiled business tycoon Boris Berezovsky [Wikipedia profile; JURIST news archive] who is accused of embezzling millions from Russian national airline Aeroflot [corporate website], granting Berezovsky's court-appointed lawyer a two-week postponement of further proceedings so that the defense can prepare for the case. Berezovsky, who has been residing in the UK since 2001 as a political refugee and who will be tried in absentia, has denied the allegations and refused to use his lawyers to represent himself, calling the charges politically motivated.

Berezovsky fell out of favor with Russian President Vladimir Putin [official website] after vocally opposing the war in Chechnya [Wikipedia backgrounder]. Russian authorities have demanded that the UK extradite Berezovsky [JURIST report], who is also facing charges of allegedly plotting a coup [JURIST report]. Last Friday, Russia criticized the UK [JURIST report] for its refusal to prosecute Berezovsky on charges of inciting terrorism overseas with calls to overthrow Putin by force. [Guardian interview] AP has more.

[JURIST] US Senator Jeff Bingaman (D-NM) [official website] and a bipartisan group of cosponsors [list] Wednesday proposed a new piece of anti-pollution legislation [press release; video, WMV] that is supported by some of the country's largest coal-burning companies and their labor unions. Informally called the Low Carbon Economy Act [S 1766 materials; floor comments, PDF], the bill aims to reduce the amount of greenhouse gasses in the atmosphere [JURIST news archive] while protecting the economy by allowing companies to buy sell and trade carbon credits. By 2030, companies would be required to have greenhouse gas emission levels comparable to 2006. A so called "safety valve" in the bill states that if the cost of an emission reduction exceeds a set value, starting at $12 a ton of carbon dioxide, but increasing over time, a company can avoid making the reduction.

Standing beside Bingaman during his announcement to show support for the bill were representatives from energy companies American Electric Power and Duke Energy [corporate websites], and labor union conglomerate AFL-CIO [organization website]. Despite their praise, Senator James Inhofe (R-OK) [official website], the ranking Republican on the Senate Environment & Public Works Committee [official website] dismissed the bipartisan bill, saying it would needlessly increase energy costs [press release]. Inhofe also related the bill to the Kyoto Protocol [JURIST news archive] which he opposes, saying that "Kyoto’s spectacular global failure should give any advocates of mandatory CO2 cap-and-trade schemes serious reasons to reconsider their support." AP has more.

[JURIST] EU Commissioner for Justice, Freedom and Security Franco Frattini [official profile] rejected targeted assassinations of terror suspects in an interview with the Financial Times Deutschland [media website] Thursday, adding that he is personally against all forms of the death penalty. Frattini, responding to controversial comments made by German Interior Minister Wolfgang Schaeuble [BBC profile] during an interview [text, in German; JURIST report] published on Monday by Der Spiegel [media website], said "the fact that we fight terrorism cannot mean that we kill people." He added a proposal by Schaeuble to prevent suspected terrorists from using the internet was a "fantastic idea" although Frattini doubted whether it was realistically possible.

Schaeuble's comments were criticized by Social Democrat parliamentary leader Peter Struck as endorsing a "police state" evocative of Germany's fascist past. Schaeuble, who has been trying to increase police powers to combat terrorism, has previously voiced support for a constitutional amendment that would grant the German military the legal authority to shoot down hijacked aircraft [JURIST report]. Reuters has more.

[JURIST] Ghazi al-Awadi, an Iraqi-born naturalized US citizen, pleaded guilty to spying for the Iraqi government under Saddam Hussein [JURIST news archive] Wednesday, admitting in Detroit federal court that he provided the Iraqi Intelligence Service (IIS) [GlobalSecurity backgrounder] with information about anti-Hussein organizations and individuals. Under the plea agreement, Al-Awadi, who is 78 years old and in poor health, will receive a prison sentence of no more than 51 months at his November 8 sentencing.

Al-Awadi and fellow Iraqi spy Najib Shemani, 58, were exposed following the 2003 US-led invasion of Iraq, which allowed US authorities access to IIS intelligence documents. AP has more. The Detroit News has local coverage.

[JURIST] The Sudanese government defended its handling of military and police personnel allegedly involved in human rights abuses in Darfur [JURIST news archive] before the UN Human Rights Committee [official website] Wednesday, denying allegations that the government was collaborating with armed militias that have committed some of the worst atrocities against civilians while insisting that the Sudanese judiciary is capable of handling allegations of murder, torture, and rape. Sudanese officials also defended a proposed Darfur peace accord [JURIST report] which contains an amnesty agreement, saying that the amnesty does not grant immunity from war crimes as they are defined by international conventions.

Sudan [JURIST news archive] also responded to calls from the chief prosecutor of the International Criminal Court (ICC) for the arrest of Sudanese war crimes suspects [JURIST report], saying that the ICC did not have the jurisdiction [JURIST report] to prosecute alleged war crimes in Darfur because Sudan has not ratified the Rome Statute of the International Criminal Court [text] and Sudanese courts are capable and willing to prosecute alleged war crimes. The UN Human Rights Committee, composed by a panel of 18 independent experts that monitors the implementation of the International Covenant on Civil and Political Rights [text], is currently reviewing [90th Session materials] the recent rights records of Zambia, Sudan, the Czech Republic, and Grenada and is expected to issue its findings on July 27. AFP has more.

[JURIST] Amnesty International [advocacy website] Thursday condemned Israel and Hezbollah for failing to investigate alleged war crimes and humanitarian law violations [press release] during the summer 2006 Lebanon conflict [JURIST news archive], calling upon the United Nations to establish a "comprehensive, impartial, and independent inquiry" to investigate the alleged violations and setup provisions to compensate the victims. Amnesty criticized Hezbollah for indiscriminately firing rockets into northern Israel, while also criticizing the Israeli use of cluster munitions [FAS backgrounder] in southern Lebanon. It chided the UN Security Council for its inaction and "partisan politics and selectivity," and faulted the UN Human Rights Council [official website] for conducting a one-sided inquiry focusing only on alleged violations by Israel.

Last November, the UN rights body characterized the Israeli use of force in Lebanon as "excessive, indiscriminate, and disproportionate" [JURIST report] in "flagrant violation" of international law. The panel later recommended that Israel be made to compensate Lebanon for the damages [JURIST report] inflicted during the 33-day conflict. In January, the White House reported that Israel's use of US-made cluster munitions may have violated agreements [JURIST report] with the United States requiring that the weapons be used against clearly defined military targets or only for self-defense. AP has more

[JURIST] An investigating officer in the probe of 24 Iraqi civilian deaths [JURIST report] at Haditha [USMC timeline; JURIST news archive] in November 2005 has recommended that Lt. Col. Jeffrey R. Chessani [JURIST news archive], commander of 3rd Battalion, 1st Marines [official website], should face a court-martial for dereliction of duty and violation of a lawful order, according to a report obtained Wednesday by the Associated Press. The report faulted Chessani for his failure to visit the scene immediately after learning of the civilian deaths, and also his refusal to investigate the killings despite being ordered by regimental commanding officer Col. Stephen Davis. Chessani, the most senior officer to face an Article 32 hearing [JAG backgrounder] in the largest US military prosecution involving civilian deaths in Iraq, has testified that he did not order an immediate investigation of the incident himself because he "did not see any cause for alarm" [JURIST report] and believed the civilian casualties resulted from lawful combat. Chessani has also said that when he first learned of allegations that the civilians were killed intentionally, he thought that the claims were "baseless."

In June, a US Marine Corps staff sergeant testified that a superior officer ordered the deletion of photographic evidence [JURIST report] taken hours after the killings to keep it out of a report being prepared for top-ranking officers and a reporter. Four officers have been charged [list of charges] with dereliction of duty offenses and an additional three Marines have been charged with unpremeditated murder. AP has more.

[JURIST] The French National Assembly [official website] Thursday approved an overtime reform measure championed by President Nicolas Sarkozy [official profile; BBC profile], which if enacted as law, would make overtime pay tax-free and reduce payroll fees for employers. The measure, which supporters say will encourage growth with additional work, would weaken the absolute 35-hour workweek adopted in 2000 under the socialist government of French Prime Minister Lionel Jospin [BBC profile]. Critics of the 35-hour workweek say it has failed to increase employment and has stunted economic growth, but critics of the overtime reform proposal say it will reduce employment while decreasing government revenues. Sarkozy's government has estimated that the overtime reform will reduce revenues by €6 billion euros, but has said that the projected economic growth would help compensate for the lost taxes.

The overtime measure is part of a larger economic reform package, and the National Assembly, the lower house of the bicameral parliament, is expected to pass the full economic reform package this week. The package, which also includes proposals that would lower inheritance taxes and set a cap on total tax payments from 60 percent of income to 50 percent, will likely be referred to the Senate [official website] early next week. AP has more. The Financial Times has additional coverage.

[JURIST] South Dakota held its first execution in 60 years Wednesday, putting to death 25-year-old Elijah Page [SD AGO backgrounder]. Page was executed under new lethal injection protocols [text] passed in February to ensure that prison wardens have the legal authority to use a three-drug combination instead of a two-drug mixture. South Dakota's 1984 state lethal injection law specified a particular two-drug combination, while the new legislation grants prison wardens the authority to use any drug mixture subject to the approval of the Secretary of Corrections.

Page, whose execution was halted [JURIST report] last August by Governor Mike Rounds [official website], voluntarily ended all appeals and asked to be put to death for his role in the 2000 murder of 19-year-old Chester Allen Poage. The three-drug "cocktail" used by many states to carry out lethal injections [JURIST news archive] has recently been the subject of numerous constitutional challenges [JURIST report] and increased scrutiny. AP has more.