[JURIST] The Supreme Court of South Korea [official backgrounder] Thursday upheld the sentence of Michael Jang, a Korean American convicted of spying for North Korea [JURIST news archive] In April, the Seoul District Court in South Korea sentenced five people to jail [JURIST report] for espionage. Group ringleader Jang initiated contact with North Korean agents in 1998 and first established a spy ring to pass secret information to North Korea in 2002. Jang was sentenced to seven years in prison, while other group members were sentenced to between four- and six-year terms.

The group was indicted [AP report] by South Korean officials last December in what has been labeled the largest spy case since the two countries began reconciliation at a North-South summit in 2000 [CNN report]. North Korea has said the case is a plot by pro-US forces to bolster anti-North Korean feelings in the South. AP has more.

[JURIST] The US House of Representatives voted 222-199 [roll call] Thursday to pass an intelligence funding bill [HR 2082 materials] that would restrict CIA interrogators to using only those interrogation techniques explicitly authorized by the 2006 Army Field Manual. Army interrogation guide Field Manual 2-22.3 [PDF text; press release] explicitly prohibits the use of waterboarding, electrocution, sensory deprivation, inducing hypothermia, or depriving the subject of food, water, or medical care. The 2006 manual also specifies that the Geneva Conventions [ICRC materials] apply to all detainees [JURIST report] and eliminates separate standards for the questioning of prisoners of war and enemy combatants [JURIST news archive]. The bill now goes to the Senate. AP has more.

The proposed restriction on CIA interrogations may face a veto challenge from President George W. Bush, who in July 2007 signed [JURIST report] a controversial executive order [text] that prohibits cruel and inhuman treatment during the interrogation of terror suspects detained by the CIA, but allows "enhanced interrogation techniques" and may exempt the CIA from Common Article 3 of the Geneva Conventions. The order does not specify what specific interrogation techniques are now disallowed, but the order prohibits "acts intended to denigrate the religion, religious practices, or religious objects of the individual," and "torture" as defined in 18 USC 2340 [text].

[JURIST] A Philippine judge Thursday dismissed rebellion charges [JURIST report] against former Vice President Teofisto Guingona [official profile], ruling that police had failed to establish his role in an aborted coup attempt [JURIST report] against Philippine President Gloria Arroyo [official website; BBC profile] last month. The judge also rejected charges against 17 other people detained in relation to the botched coup, but ordered that an additional 14, including Sen. Antonio Trillanes [personal website], should stand trial. Reuters has more.

Last month, about a dozen officers on trial in connection with a failed 2003 mutiny [BBC report] walked out of court, took control of a Manila hotel, and demanded Arroyo's resignation. Philippine military and police forces subsequently regained control of the hotel after a lengthy confrontation. In April, a Philippine military tribunal sentenced 54 military officers [JURIST report] to seven years and six months in prison for their involvement in the 2003 coup attempt.

[JURIST] The International Court of Justice (ICJ) [official website] Thursday upheld [ruling, PDF; press release, PDF] a 1928 treaty between Nicaragua and Columbia that granted several small islands off the Atlantic coast of Nicaragua to Colombia. Nicaragua had brought suit [case materials] in 2001 claiming sovereignty over the islands of San Andres, Providencia and Santa Catalina, arguing that the treaty was invalid because it was signed while Nicaragua was under US occupation [backgrounder]. Nicaragua's Sandinista government rescinded the treaty in the 1980s.

Nicaragua also claimed sovereignty over other smaller islets in the area as well as surroundings waters, but the ICJ found that it did have jurisdiction to decide the issue because it was not addressed in the 1928 treaty. Reuters has more.

[JURIST] Serbian President Boris Tadic has said that Serbia country is planning to file a petition with the UN Security Council seeking an advisory opinion from the International Court of Justice [official website] on the legality of independence for the region of Kosovo [JURIST news archive], the now UN-administered territory that is still technically part of Serbia. Tadic said Monday that Serbia would "urgently launch an initiative" with the Security Council on the issue. Tadic's comments came after a UN-set Dec. 10 deadline for the end of negotiations passed without an agreement on the future of Kosovo.

Negotiations on a UN-supervised independence plan for Kosovo have been stalled [JURIST report], in part due to Serbia's insistence that the province should only be given autonomous status, rather than full independence. AFP has more.

[JURIST] A Palestinian doctor detained in Libya for eight years after being accused of deliberately infected hundreds of children with the HIV virus Wednesday filed a lawsuit against Libyan leader Muammar Gaddafi [official website], alleging that he was tortured during his detention. Ashraf Jima Hajuj, who threatened legal action against Libya [JURIST report] in August, told AFP that his lawyer had filed the charges in Paris, relying on France's accession to the 1984 UN Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment [text], which allows signatory countries to take legal action against suspected torturers who enter their territory; Gaddafi arrived in France on Monday for a five-day visit, although, as a head of state, he may enjoy immunity. AFP has more.

Hajuj was among the six foreign medics [BBC Q&A; JURIST news archive] who had been sentenced to life in prison [JURIST report] for allegedly infecting hundreds of children with the HIV virus. Libya released [JURIST report] the six in July after obtaining an agreement from the European Union to normalize and develop closer political and economic ties and increase medical and infrastructure aid. Earlier that month, the Libyan Supreme Court upheld the death penalty [JURIST report] in the case, but the death sentences were later commuted by the Supreme Judiciary Council when the families of the infected patients dropped calls for execution after each was allotted $1 million in compensation [JURIST report]. The six medics have consistently maintained their innocence, saying they were being scapegoated for unsanitary conditions in the Libyan hospital were they worked. Bulgaria and its allies argued that the medics are innocent and were tortured into admitting guilt [HRW report].

[JURIST] The New Jersey Assembly [official website] voted 44-36 Thursday to pass a bill [A3716, PDF] replacing the state current death penalty [JURIST news archive] with life imprisonment. The bill now goes to New Jersey Governor Jon S. Corzine [official website], who is expected to sign it. The New Jersey Senate Monday voted 21-16 [JURIST report] to pass a similar bill [S171 text, PDF]. If signed, the bill would make New Jersey the first US state to abolish capital punishment since the US Supreme Court reinstated it nationally in 1976. AP has more.

Bill proponents, including Corzine, have argued that capital punishment spends more tax dollars than life in prison without parole [Senate report, PDF; NYT op-ed], and say that capital punishment statistically does not deter homicide. A report [PDF text; JURIST report] released in January and endorsed by 12 of the 13 members of the New Jersey Death Penalty Commission [official website] concluded that there was "no compelling evidence that the New Jersey death penalty rationally serves a legitimate penological intent," although there was "increasing evidence that the death penalty is inconsistent with evolving standards of decency."

[JURIST] A coalition of civil rights groups, including the American Civil Liberties Union (ACLU) and the Mexican American Legal Defense and Educational Fund (MALDEF) [advocacy websites], filed a new federal lawsuit [complaint, PDF; press release] Wednesday challenging an Arizona law aimed at preventing employers from knowingly hiring illegal immigrants [JURIST news archive]. US District Court Judge Neil V. Wake Friday dismissed [opinion text, PDF; JURIST report] an earlier lawsuit [complaint, PDF] filed by the groups, holding that that suit was premature because the law had not gone into effect and no one had been harmed, and also that the plaintiffs were wrong in suing the governor and the attorney general, because under the law, only county prosecutors, who were not defendants, would have the power to enforce the law. The rights groups said Wednesday that they expected the new lawsuit - filed against Arizona Attorney General Terry Goddard, Director of the Arizona Department of Revenue Gale Garriott and Maricopa County Attorney Andrew Thomas [official websites] - would address the court's procedural concerns and allow it to rule on the merits of the case. The Arizona law in dispute goes into effect January 1.

The Legal Arizona Workers Act [AZHB 2779 text, PDF; Arizona Republic backgrounder] gives the Superior Courts of Arizona power to suspend or revoke the business licenses of businesses that intentionally or knowingly employ illegal immigrants. Under the law, employers will be required to check the legal status of new hires using E-Verify [official DHS website], a free online federal program that checks names and identification documents to determine employment eligibility. The ACLU and other civil rights groups had filed the original lawsuit in federal court [ACLU press release] against the state of Arizona claiming that the law was unconstitutional and could lead to discrimination against minorities, especially Latinos. When Arizona Gov. Janet Napolitano signed the legislation [JURIST report] in July, she called the law "the most aggressive action in the country against employers who knowingly or intentionally hire undocumented workers." The New York Times has more.

[JURIST] Five prominent members of the Hindu Rights Action Force (Hindraf) [Wikipedia backgrounder] were arrested by Malaysian authorities Thursday and will be detained for at least two years under Malaysia's controversial Internal Security Act (ISA) [HRW backgrounder], Malaysian Deputy Internal Security Minister Johari Baharom told the Associated Press. The five activists were apparently involved in orchestrating a November street demonstration [TIME report] in Kuala Lumpur by thousands of the nation's ethnic Indians. The rally was sparked by complaints that the predominantly Malay Muslim government economically discriminates against ethnic Indians and other minorities. Thursday's arrests were the first time since 2001 that Malaysia has invoked the ISA against government critics.

Malaysian Prime Minister Abdullah Badawi [official website; BBC profile] said in November that authorities might rely on the ISA to halt protests [JURIST report]. The ISA is a preventive detention law that allows the Malaysian government to detain suspects for two years without trial and to renew the detention indefinitely. Three Hindu activists originally arrested before the protest and charged with sedition were subsequently released [BBC reports]. Earlier this month, 26 ethnic Indians were charged with attempted murder [JURIST report] in connection with the Kuala Lumpur protest. AP has more.

[JURIST] Leaders from the 27 countries that make up the European Union on Thursday signed [press release] the Treaty of Lisbon [official website; PDF text], a reform treaty designed to speed up the decision-making process within EU institutions and allow EU members to take a more active role in global issues. Under the terms of the treaty, the current EU presidency which is rotated among member states will be replaced in 2009 with a long-term president of the Council of the European Union, and the position of an EU foreign policy high representative will be created. A charter of fundamental European rights [EU materials] is also included. European Commission President Jose Manuel Barroso praised the treaty Thursday and called on all member states to quickly ratify the document [speech text, in French; press release].

The signing marks the end of a long and arduous negotiation process. EU leaders reached agreement on the text [JURIST report] of the proposed treaty at a summit [EU materials] in Lisbon in October, working through last minute objections by Poland and Italy. The treaty text was preliminarily approved [JURIST report] by EU legal experts earlier that month. EU leaders reached basic agreement [JURIST report] on the treaty itself in June; it is, in effect, a cut-down version of the failed European constitution [JURIST news archive]. The original draft constitution did not receive unanimous approval among all EU states. Voters in France and the Netherlands [JURIST reports] rejected the proposal in national referenda in 2005. Only Ireland is planning to hold a referendum on the current treaty. Reuters has more. BBC News has additional coverage.

[JURIST] The US Senate Judiciary Committee voted 12-7 Thursday to report contempt of Congress resolutions [press release] to the full Senate for White House Chief of Staff Josh Bolten and former Deputy Chief of Staff Karl Rove [resolution texts] over their refusal to testify before the committee as part of its investigation into the US Attorneys firing scandal [JURIST news archive]. Late last month, committee chairman Sen. Patrick Leahy (D-VT) issued a ruling [text and press release; JURIST report] rejecting the Bush administration's assertions of executive privilege as a basis for avoiding subpoenas and directing the White House to comply with formal committee subpoenas [JURIST report]. In his opening statement [text] at Thursday's committee meeting, Leahy said:

The White House' blanket claims of executive privilege and immunity are insufficient to excuse current and former White House employees from appearing, testifying and producing documents related to this Committee's investigation. Having been directed to comply with the Committees' subpoenas, they have not done so and now we must take the next steps to enforce the Committee's subpoenas. This is not a step I have wanted to take - in fact, I have tried for many months to find ways to work with the White House and avoid a confrontation.

The President has not accepted responsibility for the firings or given any indication that he was involved in White House efforts to politicize federal law enforcement. Instead, the White House line is that "mistakes were made." Apparently no one, least of all the President, is responsible, yet somehow executive privilege supposedly applies to cloak all White House activities and communication in regards to these firings affecting the independence and integrity of federal law enforcement from oversight.

The White House counsel asserts that executive privilege covers all documents and information in the possession of the White House. They have gone further and claimed absolute immunity even to have to appear and respond to this Committee's subpoenas for Mr. Rove and Mr. Bolten. And they contend that their blanket claim of privilege cannot be tested but must be accepted by the Congress as the last word. Their views of the unitary and all powerful Executive know no bounds.

The position taken by this White House in refusing to turn over documents or allow White House officials and former officials to testify is a dramatic break from the practices of every administration since World War II in responding to congressional oversight. In that time, presidential advisers have testified before congressional committees 74 times, either voluntarily or compelled by subpoenas.

Executive privilege should not be invoked to prevent investigations into wrongdoing, and certainly should not prevail. These resolutions are an effort to provide a fuller account and accountability. We should act to protect Congress' ability to conduct oversight and the right of the American people to learn the whole truth about the U.S. Attorney firings.

[JURIST] Interim Thai Prime Minister Surayud Chulanont [BBC profile] said Thursday that he will not withdraw a proposed Internal Security Bill [Nation report] that would grant the military power to override government operations and suspend rights even after general elections of a civilian-run government scheduled for December 23. The proposal would transform the army chief into the head of the Internal Security Operations Command (ISOC) [Wikipedia backgrounder] and would grant the ISOC the power to bar public demonstrations, hold detainees without charge for up to 30 days, and carry out warrantless searches. Critics have suggested that the bill is an attempt by the interim military-backed government to hold onto its political clout for the future. The current government maintains its intent is only to preserve internal security in Thailand [JURIST news archive]. The bill, introduced [JURIST report] over the summer, must be approved the National Legislative Assembly before becoming law, and could get full approval as early as next week. AFP has more.

Surayud's refusal to withdraw the Internal Security Bill follows a Wednesday demonstration which shut down parliament [AFP report] after a number of protesters rushed the parliament building. AFP reported that over 1,500 people took part in the protest, though local media estimated there were only a few hundred protesters. The protesters claim that the parliament, handpicked by the military following the September 2006 bloodless coup [JURIST report] which ousted former Prime Minister Thaksin Shinawatra, has no authority to pass additional legislation because general elections are scheduled to be held later this month. Members of parliament, however, have said that they will continue to consider bills up until the elections. The Nation has more.

[JURIST] The Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website; JURIST news archive] said Thursday that former Cambodian Foreign Minister Ieng Sary and his wife Ieng Thirith, who served as minister for social affairs, have filed appeals with the ECCC challenging their detention. The two were arrested [PDF press release; JURIST report] last month and are both charged with crimes against humanity committed during the Khmer Rouge [JURIST news archive] regime. Sary is also charged with war crimes. The appeals filed with the court this week cite health concerns for both if they remain in detention until their trials begin in mid-2008. ECCC prosecutors, however, say that they are a high risk for fleeing and should remain detained.

The ECCC was established by a 2001 law [text as amended 2004, PDF] to investigate and try surviving Khmer Rouge officials. The Khmer Rouge is generally held responsible for the genocide of an estimated 1.7 million Cambodians [PPU backgrounder] who died between 1975 and 1979. To date, no top Khmer Rouge officials have faced trial. Sary and Thirith are two of five former Khmer Rouge leaders in custody of the court. Sary is suspected of perpetrating and facilitating murders as well as coordinating Khmer Rouge's policies of forcible transfer, forced labor and unlawful killings. Thirith allegedly directed and planned widespread purges and the killings of members within the Ministry of Social Affairs. Both have maintained their innocence. AFP has more.

[JURIST] The US House Judiciary Committee [official website] approved a draft bill [HR 3753 materials] Wednesday that would increase the annual salary of federal judges in an attempt to close the pay gap between the federal judiciary and their colleagues in private practice. Under the legislation, judicial pay would not automatically be set at the same level as members of Congress, and salaries for district judges would be raised to $218,000 per year. Federal appeals judges would make $231,000 per year and associate Supreme Court justices would earn $267,900. The Chief Justice would earn $279,900.

The Senate Judiciary Committee is scheduled to review the Senate version of the Federal Judicial Salary Restoration Act of 2007 [S 1638 materials] on Thursday. When introducing the Senate bill in June, sponsor Sen. Patrick Leahy (D-VT) [official website] said [PDF text]:

This bill would demonstrate our respect and appreciation for our hardworking Federal judges by authorizing an immediate and substantial increase in judicial salaries. Our bill recognizes the important constitutional role judges play in administering justice, interpreting our laws, and providing the ultimate check and balance in our system of government. It is time Congress treated the Federal judiciary with the respect that a co-equal branch of government deserves.

[JURIST] The US Defense Department said Wednesday that 15 detainees have been transferred [press release] from Guantanamo Bay [JURIST news archive], bringing the total number of detainees released from the US detention facility to approximately 485. Thirteen detainees were transferred to Afghanistan, and the other two were transferred to Sudan.

The total number of Guantanamo detainees eligible for transfer is now about 70, and the DOD said Wednesday that "departure of these detainees is subject to ongoing discussions between the United States and other nations." In August, US President George W. Bush expressed hope that the Guantanamo detention facility would eventually be shut down [JURIST report], but said that other countries have shown reluctance to accept detainees. Roughly 290 detainees remain at the prison facility, and the US has said that some 80 detainees will face prosecution by military commission. AP has more.