[JURIST] Members of the European Parliament's Civil Liberties Committee [official website] have criticized the European Union's terrorism watch list [text, PDF] as unfair and opaque, saying that the process for adding names to the list should be changed, according to Wednesday media reports. The comments came during a debate on a November 2007 report [text; JURIST report] by Rapporteur Dick Marty [personal website; JURIST news archive] that found that the list violates basic human rights by not informing individuals or groups when they've been added to the blacklist or giving them an opportunity to respond to allegations against them. EUobserver has more.

In July 2007, the European Court of First Instance overturned [JURIST report] an EU decision [Council Decision 2006/379/EC text, PDF] to freeze the assets of Communist Party of the Philippines (CPP) chairman Jose Maria Sison [MIPT profile; judgment] and the Hamas-affiliated al-Aqsa Foundation [judgment], both on the EU terrorism watch list, finding that the Council did not give its reasons or provide an opportunity for the plaintiffs to challenge the legal basis for their inclusion. In December 2006, the European Court of First Instance similarly annuled an asset freeze [JURIST report] against the People's Mojahedin Organization of Iran (PMOI) [organization website, in Farsi]. That judgment prompted the Council of the European Union to revise [press release, PDF; JURIST report] the procedures used in establishing and maintaining the EU's terror list.

[JURIST] UN Secretary-General Ban Ki-Moon [official website] said through a spokesperson Wednesday that freedom of expression should take into account respect for religious beliefs [press briefing transcript]. The comments come in response to the recent controversy over the reprinting [JURIST report] of a cartoon depiction of the Muslim prophet Muhammad in a Danish newspaper. Ban's spokesperson added that the UN has made efforts to "promote greater cross-cultural understanding" among journalists.

The cartoon was reprinted by Jyllands-Poste [media website] and several other Danish newspapers last Wednesday, sparking renewed protests [JURIST report] over the cartoon's publication. The reprint, accompanied by statements defending freedom of speech, came one day after Danish police arrested three people [JURIST report] suspected in a plot to murder Danish cartoonist Kurt Westergaard for his characterization of Muhammad [Le Monde slideshow; JURIST news archive] in cartoons first published in 2005. Reuters has more.

[JURIST] Rep. Ileana Ros-Lehtinen (R-FL) [official website] is urging the US Department of Justice to charge resigning Cuban leader Fidel Castro [official profile; BBC profile] with murder for the 1996 killings of four US aid workers, according to Wednesday media reports. In a letter to Attorney General Michael Mukasey, Ros-Lehtinen said that prosecution would be possible as Castro will relinquish his immunity as head of state when he steps down from office. In 1996, a Cuban jet fighter shot down two civilian light airplanes [IACHR report] belonging to Miami-based Cuban exile activist group Brothers to the Rescue [advocacy website] over international waters. Three US citizens and one US resident who were searching for Cuban rafters trying to reach the United States died in the attack.

Castro's resignation [text], announced Monday, could prompt other lawsuits against him [JURIST report], most notably in Spanish courts for alleged crimes against humanity. In December, the Spanish Audiencia Nacional dismissed a claim against Castro [JURIST report] and Cuban Minister of Tourism Osmani Cienfuegos for genocide, crimes against humanity, torture and terrorism. It was the third time that the court rejected such a suit against Castro, citing his sovereign immunity as head of state. AP has more. Reuters has additional coverage.

[JURIST] Kenyan opposition leaders said Wednesday that they would begin renewed demonstrations next week if the government does not make progress on writing a new constitution. Negotiations between Kenyan President Mwai Kibaki [official profile] and opposition candidate Raila Odinga [campaign profile] appear to have stalled, but last Thursday both sides did agree to write a new constitution [JURIST report], a possible step toward ending the violence that erupted in the wake of December's disputed presidential election [JURIST report]. A new constitution could allow for power-sharing or a prime minister's post, which have both been floated as possible compromises to end the conflict. AP has more.

Kenya's controversial presidential vote has sparked simmering ethnic tensions in the country, where Kibaki has long been accused of using his position to favor members of the Kikuyu tribe. Fueling accusations of malfeasance, Kibaki won the December 27 election despite early opinion polls that placed rival candidate Odinga in the lead. Thousands of opposition supporters took to the streets following the election, which prompted the government to temporarily ban public rallies and institute a curfew in Nairobi, the capital city. In all, almost 1,000 people have been killed and 250,000 displaced since protests began. Thirteen nations, including several European Union members and the United States, have threatened to cut off aid [JURIST report] to the Kenyan government until the crisis is resolved and democracy is restored. Odinga's opposition party, the Orange Democratic Movement filed a formal complaint [JURIST report] in January with the International Criminal Court [official website], alleging that Kibaki's administration has committed crimes against humanity while using force against demonstrators. The Kenyan National Commission on Human Rights [official site] has also launched an official investigation [KNCHR brief; Standard report] into the alleged human rights violations.

[JURIST] The US Securities and Exchange Commission (SEC) [official website] on Tuesday filed a complaint [PDF text; SEC litigation release] accusing former Refco Inc. CEO Phillip R. Bennett of committing civil fraud in connection with allegations that he reported false information about the futures trader's financial health. The civil fraud charges follow Bennett's guilty plea [Bloomberg report; DOJ press release] last week to every charge in his 20-count indictment, including bank fraud, conspiracy, securities fraud, making false filings with the SEC, money laundering and more. The criminal charges, for which Bennett faces life in prison, also stem from an accounting fraud that stretched over eight years and cost investors approximately $2.4 billion by artificially enhancing the company's financial situation through false reports of foreign transactions and fictitious interest income. The complaint also alleges that Bennett orchestrated a debt-shifting scheme between Refco and Refco Group Holdings Inc., a separate entity controlled by Bennett, that totaled hundreds of millions of dollars. The SEC is seeking an injunction prohibiting Bennett from serving as a director or officer of a public company, requesting disgorgement of all profits and pre-judgment interest acquired by Bennett, and demanding monetary penalties.

In June 2006, Austrian bank Bawag PSK Bank settled lawsuits [SEC litigation release] with the US Department of Justice, the SEC, and private investors for over $675 million, which allowed the bank to avoid criminal prosecution [DOJ press release]. Allegedly, Bawag assisted Bennett in the scheme to misrepresent Refco's financial health. The DOJ plans to move forward with the prosecution of former Refco executives Robert C. Trosten and Tone N. Grant, who maintain their innocence. Former Refco vice-president Santo C. Maggio pleaded guilty to criminal charges [DOJ press release] and settled civil charges filed by the SEC [SEC litigation release] in December 2007, and agreed to testify in any upcoming criminal trials as well as to forfeit $23 million in compensation. AP has more.

[JURIST] Russia Wednesday condemned [press statement] a decision [press release, PDF] by the European Union [official website] to send a task force of police, prosecutors and judges into Kosovo [JURIST news archive] to support the rule of law there after the expiry of the current UN mandate, with Russian Foreign Minister Sergei Lavrov [official profile] calling it "in breach of the highest international law." The roughly 2,000-strong police and justice mission [Reuters report] - EULEX Kosovo [planning website] for short - is expected to be deployed in Kosovo by June. Russia earlier rejected Kosovo's weekend declaration of independence from Serbia [JURIST report], warning that such unilateral action without the approval of the United Nations sets a dangerous precedent for "frozen conflicts" around the world.

On Monday, the United States and several key European Union powers formally recognized Kosovo as a sovereign state [JURIST report]. The Serbian government, which immediately denounced the unilateral declaration as illegal [press release], said Monday it would never recognize Kosovo as an independent entity. The Serbian Interior Ministry has filed treason charges [JURIST report] against Kosovo's prime minister, president and speaker of parliament for their roles in organizing the declaration of independence. The Guardian has more.

[JURIST] The Luxembourg Chamber of Deputies [official website, in French] on Wednesday narrowly passed a bill legalizing euthanasia [PDF text, in French], in a move that could make Luxembourg the third European Union country to allow the controversial practice. Before it can take effect, the bill still has to be approved in a second reading. Provisions in the bill require that euthanasia [JURIST news archive] be strictly regulated but allow that it can be requested in a living will. Doctors must also determine that a person is suffering from a "grave and incurable" condition before it can be considered as an option.

The Netherlands [BBC report] legalized euthanasia in 2001 and Belgium [JURIST report] followed suit in 2002. In February 2007, the Federal Supreme Court of Switzerland [official website, in German] ruled that people with serious mental illnesses may be permitted to commit physician-assisted suicide [JURIST report] under certain conditions. A proposed bill that would legalize assisted suicide in the United Kingdom was set aside by the House of Lords in May 2007 following opposition by physician groups [JURIST reports]. In January 2006, the US Supreme Court upheld Oregon's Death with Dignity Act [JURIST report]; Oregon is the only US state that allows physician-assisted suicide. Euthanasia remains illegal in Italy, France [JURIST reports] and Spain. AFP has more.

[JURIST] Lawyers for a US Marine charged in connection with the killings of 24 Iraqi civilians in Haditha [USMC timeline; JURIST news archive] in November 2005 filed motions Tuesday requesting that the charges be dropped [press release]. Lt. Col. Jeffrey R. Chessani [JURIST news archive] faces court-martial on April 28 for dereliction of duty and violation of a lawful order based on the allegations that he failed to properly investigate the shootings, and could serve three years in prison if convicted on all counts. Chessani, the former commander of the Third Battalion, 1st Marine Regiment [official website], did not order an immediate investigation into the deaths because he said he did not suspect any wrongdoing. It has been alleged that the civilians were murdered in cold blood [JURIST report], but Chessani said that when he first learned of allegations that the civilians were killed intentionally he thought that the claims were baseless. Chessani invoked his right to defer his plea [JURIST report] during his military arraignment in November 2007. His lawyers filed five motions in connection with Chessani's pre-trial hearing [USMC press release], one of which was a motion to dismiss all charges on the grounds that the charges are unconstitutionally vague.

Eight Marines were initially charged in connection to the Haditha incident, though charges [text] have since been dropped against four. Staff Sgt. Frank Wuterich [defense website], leader of the squad implicated in the killings, will face court-martial in March [JURIST report]. In January, 1st Lt. Andrew Grayson [defense website] was arraigned on charges [JURIST reports] of making false official statements and obstruction of justice in connection to the killings at Haditha. Lance Cpl. Stephen B. Tatum [defense profile], who served under Chessani, also declined to enter a plea [JURIST report] during his arraignment in November 2007. AP has more.

[JURIST] Pakistani lawyers will resume protests in Islamabad unless the superior court judges ousted [JURIST report] in November 2007 by President Pervez Musharraf are reinstated, Pakistani Supreme Court Bar Association President Aitzaz Ahsan [PILDAT profile] said Wednesday. Ahsan, originally detained in a security sweep after Musharraf's November 3 proclamation of emergency and put under house arrest [JURIST reports] again earlier this month after trying to visit the grave of former Pakistani Prime Minister Benazir Bhutto [BBC obituary; JURIST news archive], told reporters that the defeat [JURIST report] of Musharraf's Pakistan Muslim League-Quaid (PML-Q) [party website] in Tuesday's parliamentary elections could persuade Musharraf to resign. Ahsan also warned that if the ousted judges were not restored by the March 9 anniversary of Musharraf's initial suspension of now-dismissed Pakistani Supreme Court Chief Justice Iftikhar Mohammad Chaudhry [JURIST news archive], lawyers would go back into the streets.

Ahsan was a member of Chaudhry's legal defense team in early 2007 when the judge was temporarily removed for "misconduct." His latest detention came just two days after he was released from his three month term of house arrest. Before being re-arrested, Ahsan renewed his call for Musharraf's resignation [JURIST report]. The new house arrest order confines him to his home in Punjab province for 30 days, but he has been allowed to receive visitors and use the telephone. AP has more.

[JURIST] The United States engages in widespread and systematic racial discrimination in violation of its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) [text], human rights groups said Wednesday. US Human Rights Network Executive Director Ajamu Baraka told reporters that the US has not adequately implemented ICERD since it first adopted the treaty in 1994, pointing to the treatment of immigrant workers and the slow response to Hurricane Katrina [JURIST news archive] as examples of discrimination against minority groups. The US Human Rights Network, Human Rights Watch [advocacy websites] and other human rights groups said they will submit a report [text] on racial discrimination in the US to the UN Committee on the Elimination of Racial Discrimination (CERD) [official website], which is set to examine US compliance [CERD materials] with ICERD at a session in Geneva this week. AFP has more.

Earlier this month, an investigation [text; press release] by Human Rights Watch revealed further disparities in the treatment of minorities in the US, including a finding that African-American youth arrested for murder consistently receive harsher sentences than white youths arrested for the same offense.

[JURIST] Indictments for the leaders of Uganda's Lord's Resistance Army (LRA) [MIPT backgrounder; JURIST news archive] still remain in effect despite a recent agreement between the LRA and the Ugandan government to establish a national war crimes court [JURIST report], the International Criminal Court [official website] prosecutor's office said Wednesday. The ICC functions under the principle of complementarity [ICC backgrounder] and can therefore only act if countries themselves are unable or unwilling to investigate or prosecute, but human rights groups are skeptical that a Ugandan court would be able to adequately prosecute LRA leaders.

The agreement to establish a war crimes court [JURIST report] to prosecute crimes against humanity committed during Uganda's civil war [BBC Q&A] is part of the government's larger effort to broker a peace deal with the LRA; until recently, the government has indicated it would not sign an agreement unless the International Criminal Court withdraws its indictments [ICC materials; JURIST report] of five LRA leaders. The five ICC-issued warrants were executed in 2005 and include LRA senior member Vincent Otti and LRA leader Joseph Kony [BBC profiles]. In 2007, Otti was executed by rebels [BBC report], though official confirmation of his death was delayed until last month amid fears that it would disrupt peace talks. Kony, who remains in hiding, is wanted for orchestrating the killing of thousands of civilians and the enslavement of thousands more children over two decades of conflict. The government has said that Kony is willing to face trial at home [JURIST report], but not at the ICC. AFP has more.

[JURIST] An Argentinean woman has brought charges against her adoptive parents for kidnapping her and falsifying her identity during Argentina's "Dirty War" [GlobalSecurity backgrounder; JURIST news archive]. While several other cases have dealt with the abduction of children [BBC report] by Argentinean military agents in the 1970s, this marks the first in which charges were brought by the adopted child. The most notable case resulted in the 1998 conviction of General Jorge Videla [BBC report], the former leader of Argentina's military junta. Videla is still serving a term of house arrest. The oral phase of the latest trial began on Tuesday in Buenos Aires, and former army captain Enrich Berthier joins the adoptive parents of Maria Eugenia Sampallo Barragan as a defendant. Sampallo Barragan recovered her identity in 2000 when she submitted to a program of DNA testing sponsored by the Grandmothers of the Plaza de Mayo [organization website]. After learning her identity in 2001, she filed charges against her parents. AP has more. La Nacion has additional coverage [in Spanish].

In a related development, former naval officer Carlos Marandino surrendered to the Buenos Aires police Tuesday, making him the fourth defendant to face charges of torture, homicide and illegal detention in connection with the Trelew massacre of 1972 [JURIST report]. Police continue to search for former Lt. Roberto Guillermo Bravo, the fifth defendant sought in the investigation. Clarin has additional coverage [in Spanish].

[JURIST] Former Cambodian head of state Khieu Samphan [JURIST news archive] is ending his cooperation with the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website], Khieu Samphan's lawyer told the Cambodia Daily in a Wednesday report. Khieu Samphan was arrested [JURIST report] by the ECCC in November 2007 upon being released from the hospital where he was receiving treatment after suffering a stroke [NYT report]. Khieu Samphan's French lawyer, Jacques Verges [BBC profile], said that he his client would not speak with court officials until court documents and pages of evidence against his client are translated into French. AFP has more.

Khieu Samphan was the fifth senior Khmer Rouge [JURIST news archive] leader to be detained by the ECCC when he was arrested last year. 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. The ECCC was established by a 2001 law [text as amended 2005, PDF] to investigate and try surviving Khmer Rouge officials, but to date, no top officials have faced trials.

[JURIST] Nebraska Attorney General Jon Bruning [official website] on Tuesday filed a motion for rehearing [press release] asking the Nebraska Supreme Court to reconsider its recent decision banning the use of the electric chair [PDF text; JURIST report]. The motion listed five errors in the ruling as reasons why the court should rehear the case, including:

1. The ruling created a new procedure requiring the Attorney General to prove a new method of execution is constitutional. This overthrows 130 years of precedent set by the Nebraska Supreme Court holding that legislation is presumed to be constitutional.

2. The ruling overturned a long series of cases that say the Nebraska Constitution offers criminals no greater protection than the federal constitution. With the recent ruling, the court says the Nebraska Constitution offers criminals greater protection than the same language in our federal constitution.

3. The ruling erred in only looking to other federal court cases and other state legislatures to decide what "standards of decency" are in Nebraska. The ruling relied on no Nebraska statutes, no Nebraska court rulings and no other indicators of what Nebraskans think about the issue. The Nebraska Constitution isn't a statement of national values. It's a statement of Nebraska values. Other states don't set "standards of decency" for Nebraskans.

4. The ruling gave no clear guidance on what standard would be applied to evaluate a new method of execution. For example, the ruling speaks of "a substantial risk of unnecessary pain," but fails to say what type or level of "necessary" pain would be acceptable.

5. The high court decided this case on a state constitutional theory Raymond Mata never raised and the state was never given the opportunity to address.

[JURIST] The US Supreme Court [official website; JURIST news archive] handed down decisions in five cases Wednesday, including Rowe v. New Hampshire Motor Transport Association [LII case backgrounder; JURIST report], where the Court held that federal law preempts two provisions of a Maine tobacco transport law requiring special inspection of incoming tobacco packages to prevent purchases from unlicensed retailers who might sell to minors. The Court affirmed the First Circuit's decision [text] in the case, and ruled that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) [text], which limits state regulation of interstate air and motor carriers, preempts the two Maine law provisions. Read the Court's opinion [text] per Justice Breyer, along with a concurrence [text] from Justice Ginsburg and a second concurrence [text] from Justice Scalia. AP has more.

In Preston v. Ferrer [LII case backgrounder] the Court ruled that the Federal Arbitration Act [text] preempts a state statute which requires administrative review before a contract dispute can proceed to arbitration. The Court reversed the California Court of Appeals' decision in the case, and held that "when parties agree to arbitrate all questions arising under a contract, state laws lodging primary jurisdiction in another forum, whether judicial or administrative, are superseded by the FAA." Read the Court's opinion [text] per Justice Ginsburg, along with a dissent [text] from Justice Thomas. AP has more.

In a third preemption case, the Court held in Riegel v. Medtronic [LII case backgrounder] that the preemption clause found in the federal Medical Device Amendments of 1976 prevents a patient whose catheter ruptured during surgery from suing the manufacturer based on state common law claims. Charles Riegel filed a lawsuit against Medtronic on multiple claims based on New York common law, but the Supreme Court affirmed the Second Circuit's decision [PDF text] that the MDA preempts claims under state law. Read the Court's opinion [text] per Justice Scalia, along with a concurrence [text] from Justice Stevens and a dissent [text] from Justice Ginsburg. AP has more.

In LaRue v. DeWolff, Boberg & Associates [LII case backgrounder; JURIST report] the Court held that the Employee Retirement Income Security Act (ERISA) [text; US DOL backgrounder] allows an employee to sue for losses incurred when administrators of his retirement plan ignore his instructions on how to invest his retirement money:

We therefore hold that although §502(a)(2) does not provide a remedy for individual injuries distinct from plan injuries, that provision does authorize recovery for fiduciary breaches that impair the value of plan assets in a participant's individual account.

New constitutional rules announced by this Court that place certain kinds of primary individual conduct beyond the power of the States to proscribe, as well as "watershed" rules of criminal procedure, must be applied in all future trials, all cases pending on direct review, and all federal habeas corpus proceedings. All other new rules of criminal procedure must be applied in future trials and in cases pending on direct review, but may not provide the basis for a federal collateral attack on a state-court conviction. This is the substance of the "Teague rule" described by Justice O'Connor in her plurality opinion in Teague v. Lane, 489 U. S. 288 (1989). The question in this case is whether Teague constrains the authority of state courts to give broader effect to new rules of criminal procedure than is required by that opinion. We have never suggested that it does, and now hold that it does not.

[JURIST] Egyptian police arrested [MB report] 70 more members of the opposition Muslim Brotherhood [party website; FAS backgrounder] Wednesday, most of whom were expected to run in upcoming provincial council elections scheduled for April 8 [MB report]. Egypt's provincial councils administer local municipal government services. These municipal elections were originally scheduled for 2006, but the Egyptian legislature passed a law [JURIST report] to delay the elections for two years after the Muslim Brotherhood made a strong showing in the 2005 parliamentary elections. Earlier this week, the Muslim Brotherhood said that another 51 members had been arrested [JURIST report]. AP has more.

The Muslim Brotherhood is the largest opposition party in Egypt [JURIST news archive] and more than 600 of its members have been detained this year alone. Its members run officially as independents because the Muslim Brotherhood has been banned in Egypt since 1954. Human Rights Watch (HRW) [advocacy website] has criticized [press release] Egypt for repressing the group in a manner that "flouts fundamental human rights and freedoms." The Egyptian government accuses the organization of trying to create an Islamic theocracy through violence.

[JURIST] The court-martial of US Army Specialist Christopher P. Shore began in Hawaii Tuesday for charges of third-degree murder in the June 23, 2007 killing of an unarmed Iraqi civilian near the Iraqi city of Kirkuk [GlobalSecurity backgrounder]. Shore originally faced charges of premeditated murder of the unspecified "Iraqi national," but those charges were later reduced. Closing arguments were expected when the trial resumed Wednesday. If convicted, Shore could receive a sentence up to life without parole.

During his Article 32 hearing [JAG backgrounder; KHNL report] in October, Shore's lawyer painted Corrales Army Sgt. 1st Class Trey A. Corrales [advocacy website], also accused in the Kirkuk killing, as sadistic and out of control. Shore testified that when Corrales ordered him to shoot the unarmed Iraqi civilian, he intentionally missed. Corrales was charged [JURIST report; press release] in July with the more serious offense of premeditated murder and waived his right to an Article 32 hearing. If convicted, Corrales could face the death penalty. AP has more.

[JURIST] The resignation [text] of Cuban President Fidel Castro [BBC profile] could prompt lawsuits against him in Spanish courts for crimes against humanity, Spanish human rights lawyers indicated on Tuesday. In December, the Spanish Audiencia Nacional dismissed a claim against Castro [JURIST report] and Cuban Minister of Tourism Osmani Cienfuegos for genocide, crimes against humanity, torture and terrorism. It was the third time that the court rejected such a suit against Castro, citing his sovereign immunity as head of state. Despite the fact that Castro had turned his office to his brother, Raul Castro, the court found that he continued to enjoy sovereign immunity. Lawyers from the Spanish Asosiacion Pro Derechos Humanos have indicated that they may take advantage of Castro's resignation to push forward with their claims against him. Terra Espana has more.

Castro's resignation could affect Cuba's status within the international community. OAS Secretary General Jose Miguel Insulza [official website] expressed hope [press release] Tuesday that a change in Cuban leadership would enable the country to regain full membership status in the organization. Cuba has been suspended from participating in the Organization for American States since 1962. Human Rights Watch [advocacy website] observed, however, that Castro's resignation is unlikely to provoke an improvement [press release] in the country's human rights situation in the near future. United States Deputy Secretary of State John Negroponte [official website] announced Tuesday that the United States has no immediate plans to lift the economic sanctions [Guardian report] that have governed its policy toward Cuba for nearly fifty years.