[JURIST] A protest march by members of the Pakistani lawyers' movement [NYT backgrounder] reached the Parliament House in the capital Islamabad on Friday night, JURIST's correspondent in Pakistan reports. The so-called "long march" began [JURIST report] in Lahore Monday, and is aimed at pressuring the government of President Pervez Musharraf into reinstating judges ousted after the declaration of emergency law [text, PDF; JURIST report] in November 2007, including Pakistan Supreme Court Chief Justice Iftikhar Chaudhry [JURIST news archive]. JURIST's correspondent estimates that more than 300,000 people are in attendance at the protest, and reports that the marchers have received a warm welcome in Islamabad, with local residents providing food to the attendees. The protest includes speeches by numerous bar officials and opposition leaders, including the leader of the Pakistan Muslim League, Nawaz Sharif [BBC profile; party website], and is expected to conclude with a day-long sit-in at the Parliament House intended to paralyze the capital and government operations. From Pakistan, The News has local coverage. Geo-TV has additional local coverage.

JURIST's correspondent says concerns about security and over-politicization of the event kept Chaudhry from participating in the long march. Dawn News reported that the Pakistani government and representatives of the legal community have agreed [Dawn report] to maintain law and order in the capital during the protests. Members of the lawyers' movement promised last month to hold the march if the new Pakistani government failed to reach an agreement on reinstating the judges. AP has more.

6/14/08 - JURIST's Pakistan correspondent reports that late at the early-morning rally outside the parliament Supreme Court Bar Association President Aitzaz Ahsan [profile; JURIST news archive] announced that there would be no sit-in and that afterwards the protestors peacefully dispersed. Aitzaz said "we do not have resources to hold a sit-in in front of the parliament house", a statement which surprised many. JURIST's Pakistan correspondent speculates that there was an understanding between the lawyers' leaders and Pakistan's Interior Ministry that the Ministry would not hinder anyone from joining the protest and that the protest would leave the Federal Capital as soon as possible. Aitzaz also said a couple of days ago 'do not expect any bloody revolution from us'. Our correspondent observes: "The Long March is over; no further time frame has been given for the restoration of judges and the question remains 'what next'?"

[JURIST] The American Civil Liberties Union (ACLU) filed a class action lawsuit [complaint, PDF; press release] Thursday against the Texas Youth Commission (TYC) [official website], alleging that five girls imprisoned at the Ron Jackson State Juvenile Correctional Complex [official website] were subjected to punitive solitary confinement, physical abuse and invasive strip searches. The ACLU alleged that the treatment violated the girls' rights under the US Constitution and international law, including the Convention on the Rights of the Child [text]. TYC officials responded [press release] that the agency is working to address the issues raised in the lawsuit. AP has more.

In May 2007, TYC announced it would release 226 inmates after an investigation [JURIST reports] revealed that their sentences had been improperly extended in retaliation for filing grievances. In June 2007, Congress passed a bill [implementation strategies] to reform the Texas juvenile prison system, creating the Office of Inspector General [official website] to internally police the system. The Ron Jackson girls' facility is estimated to hold about 190 inmates.

[JURIST] The US Court of Appeals for the District of Columbia [official website] Friday ruled [opinion, PDF] that certain parts of a lawsuit brought by the Chabad Lubavitch [group website] Jewish Orthodox movement against the Russian government could proceed. Chabad Lubavitch seeks the return of an archive of 18th century religious texts that it alleged the Russian government had appropriated in violation of international law during World War II. Both parties had appealed a district court ruling [text, PDF] that allowed part of the lawsuit dealing with the archive, but dismissed claims against Russia seeking the return of a library of similar texts abandoned in 1915 by rabbis fleeing Russia. In Friday's ruling, the court affirmed federal jurisdiction over the claims, and allowed the plaintiff's claims regarding the archive and library texts to proceed to discovery. The court ruled against Russia's assertions regarding forum non conveniens, sovereign immunity, and act of state doctrine.

The plaintiffs accused Russia of violating international law when the government seized the archive materials from the Nazi regime in 1945. Prior to Russian custody, the religious texts had been seized by the Nazi military in Poland in 1939 and transferred to Germany. The district court had dismissed Chabad Lubavitch's claims against Russia [JURIST report] for the return of the 1915 library materials, finding that the allegations involved internal Russian matters rather than violations of international law.

[JURIST] A Burundi [JURIST news archive] court Thursday released six former police officers convicted of killing a World Health Organization (WHO) [official website] official because two key witnesses against the accused escaped from custody. In May of 2005, four of the men were sentenced [BBC report] to death and two were sentenced to twenty years in jail for their role in the 2001 murder of WHO representative Kassi Manlan [WHO statement]. The court that convicted the men never formally alleged a motive for the killing, but defense lawyers say it was to prevent Manlan from investigating high-level politicians for defrauding a WHO malaria program. Reuters has more.

Burundi has severe corruption problems, and the research group Global Integrity [website] has given the country an integrity score [Global Integrity materials] of "very weak", amounting to 54 on a 100 point scale. In February of this year, opposition leaders in the country sought UN protection [JURIST report] after allegedly receiving death threats from ruling party officials. In November 2006 President Pierre Nkurunziza [BBC profile] made limited admissions to Amnesty International [advocacy website] accusations [press release; JURIST report] that the military and police used brutality and even torture to deal with suspected rebels. In October 2006 Human Right Watch [advocacy website] accused Burundi’s National Intelligence Service of committing widespread extra-judicial killings [HRW report; JURIST report].

[JURIST] Amnesty International [advocacy website] Friday condemned [press release] Egypt for plans to deport approximately 1,200 detained Eritrean refugees despite the possibility that they may face torture in their home country. The group called for Egypt to allow the UN High Commissioner for Refugees (UNHCR) [official website] to communicate with the refugees to investigate their claims for asylum; UNHCR said that the agency had been blocked from contacting the refugees, most of whom are escaping religious persecution or a military draft, since February. UNHCR could not confirm Amnesty reports that 400 refugees had already been deported in the last week, but said that such action would have violated a UN advisory against returning asylum seekers to Eritrea. Reuters has more.

In January, the Egyptian government said that it would not deport hundreds of Sudanese detainees who lack status as refugees or asylum seekers. The detainees were arrested after a three-month sit-in protest in front of UN offices in Cairo resulted in a violent clash with Egyptian police on December 30, resulting in 27 deaths [BBC report]. The Sudanese protesters sought resettlement in a third country. The Ministry of Foreign Affairs [official website, English version] has said that following extensive interviews [press release] with the detainees by the UNHCR, none will be deported to Sudan, and that Egypt [JURIST news archive] will take steps to grant legal status to those who do not qualify for international protection.

[JURIST] Irish Justice Minister Dermot Ahern said Friday that a referendum to ratify the new EU reform treaty [JURIST news archive] has failed, with early results showing 53.4 percent of Irish citizens voting against it [RTÉ.ie report]. The result could halt European Union plans to implement the instrument, properly known as the Treaty of Lisbon [official website; PDF text], as it cannot take effect unless it is ratified by all signatories. Treaty proponents blamed its defeat on confusing language, saying most voters were unable to understand the document's significance. Ireland is the only EU nation to put the treaty to a public vote [BBC Q/A], although the UK High Court last month agreed [JURIST report] to consider whether the British government must also hold a referendum on the treaty. BBC News has additional coverage. The Irish Independent News has local coverage.

Leaders from the 27 countries that make up the European Union signed the reform treaty [JURIST report] last December, and fourteen countries have ratified the document [JURIST archive]. In 2005, an earlier draft for a European constitution [JURIST news archive] also failed when voters in France and the Netherlands [JURIST reports] rejected the proposal in national referenda.

[JURIST] A US District Court Judge Thursday ordered US Marine Corps Sgt. Ryan G. Weemer [JURIST news archive] jailed for refusing to testify about the deaths of Iraqi detainees during the Multinational Force-Iraq's November 2004 offensive [GlobalSecurity backgrounder] in Fallujah [USMC timeline; JURIST news archive]. Weemer reportedly refused to testify about the role of former Marine Sgt. Jose Nazario [JURIST news archive] before a federal grand jury Thursday in the alleged killings for fear of self-incrimination. Weemer, who at the time of the incident was a corporal, was charged [JURIST report] in March with one count of murder and one count of dereliction of duty. Last month, another marine, Sgt. Jermaine Nelson, was also jailed for contempt of court [LA Times report] for refusing to testify about the Fallujah incident. AP has more. The North County Times has local coverage.

In July 2007, the Naval Criminal Investigation Service (NCIS) [official website] announced investigations of at least 10 Marines [JURIST report] after Weemer admitted during a polygraphed job interview with the US Secret Service that he had witnessed indiscriminate killings in Fallujah. Military journalist Nathaniel Helms later corroborated that account, reporting that he witnessed Marines execute subdued Iraqi prisoners, whose bodies were later buried under rubble from an air strike. Last month, the Marine Corps said Nelson will face a court martial [JURIST report] later this year for murder. Also in May, a federal judge ruled that Nazario could stand trial [JURIST report] in civilian court over the deaths.

[JURIST] UN High Commissioner for Human Rights Louise Arbour [official profile] Thursday commended [press release] the US Supreme Court for its ruling [opinion, PDF; JURIST report] that federal courts have jurisdiction to review habeas corpus petitions filed by Guantanamo detainees classified as enemy combatants. Arbour, who in August 2007 submitted an amicus curiae brief [filing, PDF] in support of the detainees, said that the court's "recognition that security and liberty are not trade-offs, but can be reconciled through the framework of the law" was in line with traditional American jurisprudence. Officials at the Center for Constitutional Rights (CCR) [advocacy website], which represents several Guantanamo detainees, called the ruling a "landmark win" [press release] because it said civil courts could now review the lawfulness of Guantanamo detentions. Amnesty International [advocacy website], which also submitted an amicus brief [filing, PDF] for the detainees, described the decision [press release] as a "stark indictment of wrongdoing at Guantanamo." Australia's ABC News has more.

The Supreme Court has ruled against the government in previous cases concerning the legal rights of enemy combatants. The Court decided in 2002 that foreign-born Guantanamo detainees could challenge their detention in US civil courts [Rasul v. Bush opinion; JURIST report]. In June 2006, the Court held [opinion, PDF; JURIST report] that the military commission system as initially constituted violated both the Uniform Code of Military Justice and the Geneva Convention. Congress subsequently passed the Military Commissions Act of 2006 [DOD materials], which established the current military commissions system. In the most recent case, 25 human rights groups and supporters, including international parliaments, lawyers' associations and military groups, submitted amicus briefs [CCR case page, with links] for the detainees.

[JURIST] The Rwanda Defense Forces (RDF) [official profile], the national army of the republic of Rwanda, said Thursday that it has arrested four of its officers in connection with the killings of 13 clergyman and two civilians during the 1994 Rwandan Genocide [BBC backgrounder; JURIST news archive]. The arrests followed investigations by the International Criminal Tribunal for Rwanda (ICTR) [official website] and the Rwandan government. ICTR prosecutor Hassan Bubacar Jallow [official profile] spoke about the investigations in a statement [text] to the UN Security Council last week:

Rwanda has collaborated with us in this process as requested by the Council in its Resolution 1503 (2003). We have together been able to establish a prima facie case that on 5 th June 1994 RPF soldiers killed some thirteen clergymen, including five Bishops and two other civilians at the Kabgayi Parish in Gitarama. Some of the perpetrators of this crime are reported to have died whilst others are now serving within the Rwanda Army. Following inquiries the Rwanda Prosecutor General has communicated to me his decision to shortly indict and prosecute four serving senior military officers of the Rwandan Army with murder and complicity to murder as war crimes in connection with this incident.

[JURIST] Canadian Industry Minister Jim Prentice [official profile] introduced new federal copyright legislation [press release, backgrounder] in the House of Commons [Parliament of Canada website] Thursday. The reforms update the existing law [Copyright Reform Process website] by taking into account new technologies developed over the last decade and setting tough new penalties for uploading and downloading copyrighted material and breaking "locks" on protected devices like cellphones and DVDs. Prentice described Bill C-61 [text] in a speech [text] on Thursday:

With this bill, we have introduced important measures to support industries whose success depends on copyright — software companies and filmmakers, for example. We are providing stronger protection of digital locks online so that companies that choose to use them in their business models will have the support of the law. We have also introduced stronger provisions to address Internet piracy.

[JURIST] UN Secretary-General Ban Ki-moon [official profile; JURIST news archive] Thursday released a report [PDF text; UN News Centre report] outlining plans to give the European Union (EU) a greater role in implementing the rule of law in Kosovo. The report, delivered to the UN Security Council, stated that the UN will scale down its Mission in Kosovo (UNMIK) [official website], turning over increased policing and judicial responsibilities to EU authorities. The announcement comes after Kosovo made its unilateral declaration of independence from Serbia [text; JURIST report] in February. It is scheduled to adopt a new constitution on Sunday. AP has more. BBC News has additional coverage.

Ban's report drew criticism [RIA Novosti report] from Russia, which insists that such an EU role in Kosovo would be illegal. In February, Russia condemned the EU decision to send a task force of police, prosecutors and judges into Kosovo to support the rule of law after the expiration of the current UN mandate, with Russian Foreign Minister Sergei Lavrov calling it a breach of international law [JURIST reports]. Reuters has more.

[JURIST] US President George W. Bush Thursday expressed disappointment [press conference transcript] at the Supreme Court's ruling [opinion, PDF; JURIST report] that federal courts have jurisdiction to review habeas corpus petitions filed by Guantanamo Bay detainees. Bush pledged that administration officials would honor the ruling, but said that they would also study it to determine if other legislation could be passed to better serve national security. The Court ruled that the Military Commissions Act of 2006 [PDF text; JURIST news archive] did not limit detainees' right to federal judicial review, but Bush said that the Act set appropriate guidelines for managing detainees. At a Friday G-8 meeting in Japan, US Attorney General Michael Mukasey [official website] also criticized the Court's decision [AFP report], saying it will result in hundreds of detainee appeals to the federal courts. He added that military commission trials of detainees would continue, emphasizing that the ruling addressed procedural issues in the Guantanamo legal process rather than the detention itself. AP has more.

This is the not the first time that the Supreme Court has ruled against the government in a case concerning the legal rights of enemy combatants. In June 2006, the Supreme Court held [opinion, PDF; JURIST report] that the military commission system as initially constituted violated both the Uniform Code of Military Justice and the Geneva Convention. Congress subsequently passed the Military Commissions Act of 2006 [DOD materials], which established the current military commissions system.

[JURIST] Iraqi Prime Minister Nouri al-Maliki [BBC profile; JURIST news archive] Friday said that the proposed version of the Status of Forces Agreement (SOFA) [GlobalSecurity backgrounder], which will govern the legal status of US troops in Iraq beginning in 2009, violates Iraqi sovereignty. Al-Maliki told reporters that he particularly objects to provisions that would grant total legal immunity to US troops, allow the US to detain prisoners independent of Iraqi review, and give the US control over Iraqi airspace. Earlier this week, Iraqi lawmakers expressed their strong opposition to the proposal [McClatchy report], but US President George W. Bush told reporters [transcript] Wednesday:

First of all, I think we'll end up with a strategic agreement with Iraq. You know, it's all kinds of noise in their system and our system. What eventually will win out is the truth. For example, you read stories perhaps in your newspaper that the U.S. is planning all kinds of permanent bases in Iraq. That's an erroneous story. The Iraqis know -- will learn it's erroneous, too. We're there at the invitation of the sovereign government of Iraq.