[JURIST] The American Civil Liberties Union (ACLU) filed a lawsuit [complaint, PDF; press release] in federal court Tuesday against the US Department of State and the US Department of Homeland Security [official websites], alleging that the US government is illegally preventing South African scholar and professor Adam Habib [academic profile] from entering the country. According to the ACLU, Habib had traveled freely to and from the US, frequently speaking at universities and organizations, until his visa was suddenly revoked last October. Last month, the ACLU criticized [press release] the State Department for failing to reissue Habib's US visa. Tuesday's complaint alleges that Habib, who is an outspoken critic of US terrorism policies and the war in Iraq, is being censored at the border for political reasons, and that his exclusion violates the First Amendment rights of US citizens and organizations who are being denied his perspectives.

Last year, the ACLU brought a similar lawsuit [JURIST report] against the US for denying Swiss Muslim scholar Tariq Ramadan [ACLU profile] entry into the United States under the ideological exclusion provision [ACLU backgrounder; CIS report] of the Patriot Act [JURIST news archive]. Ramadan was unable to accept speaking invitations at various functions and a teaching invitation at the University of Notre Dame in 2004 after his visa was revoked. The ACLU launched a new website [advocacy website] Tuesday, profiling other scholars and politicians that have been similarly kept out of the US. AP has more.

[JURIST] The Getty Museum [official website] Tuesday signed [press release] a formal agreement with the Italian Ministry of Culture Heritage and Activities [official website] to return 40 allegedly looted Italian artifacts [list of objects, PDF] to Italy over the next several months. In exchange, Italian officials agreed to drop a civil lawsuit against former Getty Museum curator Marion True. Criminal charges against her, which allege she knowingly acquired illegally obtained and smuggled artifacts, will proceed. True has denied the allegations, as have Getty officials.

The agreement was initially announced [JURIST report] last month, after the Italian Ministry of Cultural Heritage and Activities threatened to suspend all Italian collaboration with the Getty if an agreement was not reached by August. Italian authorities have insisted that, pursuant to a 1939 Italian law, all archaeological artifacts excavated in Italy belong to the Italian state, and that many items recovered in international waters were nevertheless exported illegally from Italy. Italy first demanded [JURIST report] last year that the Getty return all antiquities alleged to have been looted. AP has more.

[JURIST] The military government of Myanmar [JURIST news archive] Tuesday banned public gatherings of more than five people and imposed a curfew in response to anti-government protests [BBC Q&A]. These measures come the day after the government threatened [JURIST report] to punish the demonstration leaders. The protests are being led by Buddhist monks who object to rights abuses by the government, including the detention of demonstrators who peacefully protested a sharp rise in fuel prices in August. Tens of thousands of citizens have joined the marching monks in what has become the largest demonstration in the country since a pro-democracy uprising in 1988. In August, UN High Commissioner for Human Rights Louise Arbour [official website] issued a statement urging Myanmar [JURIST report] to immediately release demonstrators, saying that allowing citizens to peacefully express themselves will help foster both democracy and reconciliation. AP has more.

Also Tuesday, US President George W. Bush announced during a speech [PDF text; JURIST report] at the UN General Assembly that the US would impose economic sanctions against Myanmar. The sanctions would come in addition to the current visa ban on alleged perpetrators of human rights [JURIST news archive] abuses. Myanmar has been governed without a constitution since the military regime took power in 1988. Talks on a new national charter [JURIST report] have been underway for 14 years. It is not yet clear who will draft the actual constitution or how that process will occur, but the Myanmar government has pledged to put the resulting document to a vote in a national referendum.

[JURIST] The Pentagon Tuesday declared its intention to "expeditiously" move forward with the trial of Guantanamo Bay detainee Omar Khadr [JURIST news archive], following a Monday decision [PDF text] from the Court of Military Commissions Review (USCMCR) [DOD materials] granting jurisdiction to military trial judges to hear the case. In June, a military commission judge dropped terrorism charges [order, PDF; JURIST report] against Khadr, ruling that the court had no jurisdiction because a Guantanamo Combatant Status Review Tribunal [DOD materials] had found that Khadr was an "enemy combatant," not an "unlawful enemy combatant" as required under the Military Commissions Act of 2006 (MCA) [PDF text]. The appeals court reversed that ruling, finding that the distinction was purely semantic; that the military judge had the power to hear evidence concerning, and ultimately decide, Khadr's "unlawful enemy combatant" status; and that the language of MCA Section 949a(a) and 948b(c) clearly show that

Congress intended for military commissions to "apply the principles of law" and "the procedures for trial [routinely utilized] by general courts-martial..." This would include the common procedures used before general courts-martial permitting military judges to hear evidence and decide factual and legal matters concerning the court's own jurisdiction over the accused appearing before it.

[JURIST] US President George W. Bush [JURIST news archive] Tuesday addressed the UN General Assembly [official website] and called on fellow member states to abide by the dictates of the 1948 Universal Declaration of Human Rights [text] by opposing dictatorships and aiding countries seeking to establish democracies. In his speech [PDF text; recorded video] at the opening of the General Assembly's 62nd session [UN materials], Bush also urged the UN to reform its Human Rights Council (UNHRC) [official website; JURIST news archive], established in 2006 to replace [JURIST report] the UN Human Rights Commission [official website], which was often criticized for allowing states with poor human rights records to become members.

In addition, Bush opened the door Tuesday to the possibility that the US may support the expansion of the UN Security Council [official website] to include members such as Japan:

Some have also called for reform to the structure of the Security Council, including an expansion of its membership. The United States is open to this prospect. We believe that Japan is well-qualified for permanent membership on the Security Council, and that other nations should be considered, as well. The United States will listen to all good ideas, and we will support changes to the Security Council as part of broader U.N. reform. And in all we do, I call on member states to work for an institution that adheres to strict ethical standards, and lives up to the high principles of the Universal Declaration.

[JURIST] The US Attorney's Office for the Central District of Illinois [official website] Monday filed a federal lawsuit [press release] against state of Illinois [JURIST news archive] in an effort to invalidate a state law that wold prevent employers from using the voluntary E-Verify [DHS backgrounder] program maintained by the US Department of Homeland Security (DHS) [official website]. E-Verify tracks whether potential employees can legally work in the United States. US Department of Justice (DOJ) [official website] and DHS officials say the Illinois law frustrates their efforts to combat illegal immigration [JURIST news archive] and violates the Constitution's Supremacy Clause. Supporters of the Illinois law say E-Verify is often inaccurate and therefore discriminatory.

Illinois Gov. Rod R. Blagojevich [official website] signed the Right to Privacy at Work Act into law in August after its passage by the Illinois General Assembly [official website]. The law is set to take effect January 1, 2008. AP has more. The Chicago Tribune has local coverage.

[JURIST] The US Supreme Court [official website; JURIST news archive] on Tuesday granted certiorari [orders list, PDF] in 17 cases for the October Term 2007, among them notable cases dealing with lethal injection, voter ID laws and subsequently seized evidence. In Baze v. Rees (07-5439) [docket; cert. petition], the Court will consider whether lethal injections of death row inmates constitute cruel and unusual punishment in violation of the Eighth Amendment. At issue is the three-drug mixture [DPIC backgrounder] of an anesthetic, a muscle paralyzer and a substance to stop the heart used in Kentucky and 36 other states. Opponents of the method claim that it does not contain enough anesthetic to relieve pain; however, the Kentucky Supreme Court in upholding the injection [JURIST report] last November ruled that the prohibition of cruel and unusual punishment does not ban all pain. Last week, a federal judge in Tennessee held [JURIST report] that the state's execution protocols, which use the same three-drug cocktail, violate the Eighth Amendment because they do not ensure that prisoners are properly anesthetized before they receive a lethal injection. AP has more.

In two other cases, the Court will hear challenges to the constitutionality of Indiana's controversial voter identification statute [Indiana SOS backgrounder, PDF] that requires voters to present photo identification as a prerequisite to voting. The cases, Crawford v. Marion City Election Board (07-21) [docket; cert. petition], and Indiana Democratic Party v. Rokita (07-25) [docket; cert. petition], pit those who believe the law prevents voter fraud against opponents who believe the legislation makes it difficult for minorities and impoverished voters to participate in elections. In January, the US Court of Appeals for the Seventh Circuit upheld [JURIST report] the law, ruling that it does not put an undue burden on the right to vote and therefore does not violate the US Constitution. The US Supreme Court confronted the issue of voter ID laws last term. In October 2006, the Court ruled in a per curiam opinion [PDF text] that Arizona could enforce its voter ID law [JURIST report], which requires voters to show government-issued voter ID cards [JURIST news archive] at the polls. Last month, a federal judge held [JURIST report] that the same Arizona voter ID law did not operate as an illegal poll tax. AP has more.

In Virginia v. Moore (06-1082) [docket; cert. petition], the Court will consider whether a court must suppress evidence seized after an arrest that violated state law. The Virginia Supreme Court ruled that David Lee Moore, who was arrested on a suspended license charge, should have been released and issued a summons, making the subsequent search, which turned up crack cocaine, illegal and all evidence inadmissible. Other state courts have held that subsequently seized evidence does not have to be suppressed. AP has more.

[JURIST] The Iranian government ended the four-month detention of Iranian-American peace activist Ali Shakeri [advocacy website] Monday, releasing him on bail in the amount of 1 million rials (approximately USD$110,000). Shakeri, a founding member of the University of California, Irvine, Center for Citizen Peacebuilding [advocacy website], is the fourth dual US citizen Iran has detained in recent months on charges of endangering Iranian national security. According to a spokesperson for the Iranian judiciary, Shakeri may be granted judicial approval to leave Iran, where he has been detained in a Tehran prison since visiting family in May.

The four Iranian-Americans have now all been released or allowed to depart the country by Iranian authorities. Dr. Haleh Esfandiari, and Dr. Kian Tajbakhsh and Radio Farda correspondent Parnaz Azima [JURIST reports] have each been formally charged with anti-government conduct by Iran. Tajbakhsh was released [JURIST report] last week and Esfandiari was released [JURIST report] earlier this month. Azima, who was never imprisoned, has been permitted to leave the country [JURIST report] as well. AP has more.

[JURIST] Hungarian officials announced Monday that the government has begun granting entrepreneur licenses to sex industry workers, despite critics' claims that the licensing scheme encourages human trafficking and violates Hungary's obligations under the 1950 UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others [materials]. The licenses will allow sex workers, who are already legally allowed to work subject to government regulations, to issue receipts and pay income and social security taxes.

Supporters of the government's bid to better integrate Hungary's sex industry with the country's economy say that legalization and decriminalization has already allowed for greater transparency and government regulation, which improves the conditions of sex workers. AP has more.

[JURIST] The Supreme Court of Israel [official website] Monday ordered the Jewish National Fund (JNF) [fund website; Wikipedia backgrounder] to end its discriminatory policy of selling land only to Jews, ruling that the JNF's mandate to provide land for Jewish resettlement cannot deny equal rights to non-Jewish Israelis. The high court also accepted a temporary arrangement in which the JNF will allow non-Jews to purchase property if the state Israel Land Administration [official website] reimburses the JNF with an equal amount of land. The high court gave the JNF three months to establish a permanent arrangement to comply with the decision.

The JNF, which owns approximately 13 percent of all Israeli land, was founded in 1901 to acquire and develop land for Jewish resettlement. Critics of the JNF say the fund became unnecessary following Israel's statehood in 1948, while supporters say that the JNF is necessary to ensure that Israel remains a predominately Jewish state. AP has more.

[JURIST] Peruvian President Alan Garcia pledged on Monday to act with fairness during the trial of former Peruvian President Alberto Fujimori [personal website; JURIST news archive], who was extradited from Chile last week after a Supreme Court of Chile ruling [JURIST report] that he should be transferred to Peru to face human rights and corruption charges. Garcia lauded the court's decision, and promised to fulfill the president's duty "to ensure compliance with the constitution."

The Supreme Court's review came after Peru filed an appeal of a lower court's ruling [JURIST reports] denying the government's request for extradition. Fujimori served as president of Peru from 1990 to 2000. He was being held under house arrest in Chile after being arrested [JURIST reports] in December 2005 after traveling to Chile from Japan to campaign for the Peruvian presidency, despite having been officially banned from holding public office until 2010 [JURIST report]. He is currently running for a seat in the Japanese parliament [JURIST report]. IANS has more.

[JURIST] The Iraqi Interior Ministry is proposing draft legislation to be submitted to the Iraqi parliament that places private security contractors under Iraqi legal jurisdiction, a ministry spokesperson said Tuesday. The legislation, drafted in response to the domestic outrage at a September 16 incident in which Blackwater USA [corporate website] contractors allegedly killed 11 unarmed civilians, will overturn an exemption [PDF text] which allows US security contractors to largely operate outside of Iraqi law [JURIST report]. The exception was granted by the US government when it controlled the Coalition Provisional Authority.

On Saturday, the Iraqi Interior Ministry announced that investigators have referred the September 16 incident to an investigating judge [JURIST report], who will review the evidence and decide whether to proceed with a criminal prosecutions. A recent US bill [text, see S. 552, Clarification of Application of Uniform Code of Military Justice During a Time of War], passed last year in an effort create greater legal accountability for military contractors, does not apply to the Blackwater contractors in the incident because they were employed by the US State Department. AP has more.

[JURIST] The Bush administration expressed concern Monday about recent "setbacks on press freedom and civil society" in Egypt. Commenting on a recent Egyptian government order mandating the closure of the Association for Human Rights Legal Aid [advocacy website], White House Press Secretary Dana Perino said [text]:

These latest decisions appear to contradict the Egyptian Government's stated commitment to expand democratic rights. The contributions of civil society and the free flow of ideas and information are crucial in addressing a host of domestic and international challenges as well as expanding the rights of Egyptian citizens. We urge that any appeals process proceed expeditiously and according to international standards of due process.

[JURIST] The Thai Supreme Court for Political Appointees suspended proceedings Tuesday against former Thai prime minister Thaksin Shinawatra [BBC profile; JURIST news archive] until he and his wife, Pojamarn, are arrested and brought into court for proceedings. Thaksin has been living in the United Kingdom since the bloodless military coup [JURIST report] that ousted him from power last year. In making the decision to stop proceedings, the court said that although the state has indicated that the extradition process should be complete in 90 days, there is no indication of when Thaksin will actually return to Thailand.

Earlier in September, the Bangkok Criminal Court issued a second arrest warrant [JURIST report] for Thaksin and his wife on corruption charges. Thaksin and Pojamarn have been accused of abuse of power for personal gain [JURIST report], conflict of interest violations, and dereliction of duty for personal gain in charges stemming from a 2003 land purchase by Pojamarn from the government-directed Financial Institutions Development Fund [official website]. Thaksin has refused to return to Thailand to face charges because he does not expect to receive a fair trial [JURIST report]. Reuters has more.

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] ruled Monday that foreign prisoners do not have a cause of action under the Vienna Convention on Consular Relations [PDF text] if police do not inform the inmate of their right under the treaty to call the inmate's home country embassy following arrest. Finding that the Vienna Convention is applicable only to sovereign nations, and not individuals, the court wrote [opinion, PDF]:

Article 36 [of the convention] does not create judicially enforceable rights. Article 36 confers legal rights and obligations on States in order to facilitate and promote consular functions. Consular functions include protecting the interests of detained nationals, and for that purpose detainees have the right (if they want) for the consular post to be notified of their situation. In this sense, detained foreign nationals benefit from Article 36’s provisions. But the right to protect nationals belongs to States party to the Convention; no private right is unambiguously conferred on individual detainees.