[JURIST] FBI Director Robert Mueller [official profile] told the US House Judiciary Committee [official website] Tuesday that the federal government would commission an independent review of the FBI's use of scientific evidence in its investigation of the 2001 anthrax attacks [GWU backgrounder]. Mueller said during a hearing [materials] on FBI oversight that officials have been discussing such a review with the National Academy of Sciences [organization website], which would assemble a panel of experts. The review, which could begin within weeks, would be funded by the federal government. AP has more.

The FBI [official website; JURIST news archive] used a new method of DNA fingerprinting to trace the anthrax to biodefense researcher Bruce Ivins [NPR report], but Ivins committed suicide in July before he could be prosecuted. The Department of Justice (DOJ) had at one point identified former US Army researcher Dr. Steven Hatfill [Washington Post profile] as a "person of interest" in the investigation, but Hatfill sued the agency [complaint, PDF] and this year reached a multimillion-dollar settlement [JURIST report]. Hatfill's attorneys plan to seek counsel fees [JURIST report] from former USA Today reporter and past JURIST student staffer Toni Locy [JURIST news archive], who was found in contempt after refusing to divulge the names of sources [JURIST reports] for her reporting on the anthrax investigation.

[JURIST] The US House of Representatives passed proposed legislation [H.R. 6899, PDF] Tuesday night that would partially lift the ban on offshore oil drilling [JURIST news archive] as part of a comprehensive energy proposal. The bill, entitled the "Comprehensive American Energy Security and Consumer Protection Act," was passed by a vote of 236-189 [roll call results]. The Act would authorize drilling activities 50 miles beyond the Pacific or Atlantic coastlines, areas that have been off-limits since 1981 due to a Congressional moratorium which has prevented oil drilling in 85 percent of US coastal waters. Under the new legislation, drilling or other activities would be outlawed in any marine national monument, national marine sanctuary, or the Georges Bank fishing grounds [USGS backgrouder], located off the New England coast in the North Atlantic Ocean. H.R. 6899 must be approved by the US Senate before taking effect. AP has more. The New York Times has additional coverage.

In July, President George W. Bush lifted an executive ban on offshore oil drilling [JURIST report] put in place during his father's presidential administration. In June, Bush called on Congress to relax restrictions on oil exploration [statement text; JURIST report], saying that it should also allow drilling to begin in the Arctic National Wildlife Refuge [official website] in Alaska. Bush argued that resources currently off-limits to energy companies could offset rising fuel prices. Environmental organizations have criticized efforts to expand oil drilling [WWF report] in the Arctic, calling for increased research into energy conservation and renewable resources instead. Critics have also said that offshore development will require several years and a massive infrastructure that could impact local wildlife.

[JURIST] Five former members of the Brigade of Gurkhas [official website; BBC backgrounder] began arguments Tuesday in the High Court in London against an immigration policy that has precluded thousands of retired Nepalese members of the British Army from remaining in the UK. In 2007, a Ministerial Announcement [press release; explanatory memorandum, PDF] provided that all Gurkhas retiring on or after July 1, 1997 would be offered "the choice of discharge in Nepal or in UK." Gurkhas who retired from service prior to July 1997 - the year that the Gurkha base was moved from Hong Kong to the UK - are required to apply for visas, which are commonly denied because the applicants are not considered to have adequate ties to the UK. Lawyers for the former soldiers plan to challenge the policy as discriminatory under the Race Relations Act [text] and Article 14 of the EC Treaty [text], the Guardian reports [text]. BBC News has more.

Prime Minister Gordon Brown has been pressured to take a firmer stance against immigration [The Times report] throughout his brief term. In 2006, the government Home Office [official website] announced plans to overhaul Britain's immigration system [press release; JURIST report] in a review [PDF text] outlining how the Home Office's Immigration and Nationality Directorate [official website] will respond to the impact of globalization, changing travel patterns and evolving international crime and terrorism. In addition to cracking down on employers hiring illegal immigrants [JURIST report], Brown's Labour Party is also pursuing plans to institute a national ID card system [JURIST news archive].

[JURIST] A US military judge has scheduled the trial of Guantanamo detainee Omar Khadr [DOD materials; JURIST news archive] for November 10, but the Canadian citizen's lawyer said Tuesday that the date is likely to be pushed back further. According to a schedule set by US Army Col. Patrick Parrish, who is serving as judge for the military commission proceedings [DOD materials; JURIST news archive], the trial would run through November 23 and would resume in December if not completed. Khadr's military lawyer, Navy Lt. Cmdr. Bill Kuebler, said that if Parrish grants a defense motion for independent psychological and psychiatric examinations [Globe and Mail report], another delay in the proceedings is "very likely." Khadr's trial had been scheduled for October [JURIST report], but Parrish postponed it [Toronto Star report] last week so that prosecutors could disclose additional evidence to the defense. Reuters has more. Canadian Press has local coverage.

Khadr faces possible life imprisonment if convicted of crimes allegedly committed at the age of 15 while fighting with the Taliban in Afghanistan [JURIST news archive]. He was charged [charge sheet, PDF; JURIST report] in April 2007 with murder, attempted murder, conspiracy, providing material support for terrorism and spying. He is one of four [JURIST report] Guantanamo detainees facing prosecution under the Military Commissions Act of 2006 [text, PDF].

Also on Tuesday, Canadian government lawyers argued [Canadian Press report] before an Ontario court that evidence against Khadr's older brother Abdullah should remain secret to protect national security. Abdullah Khadr is facing extradition to the United States on charges [JURIST reports] of membership in a terrorist group and procurement of destructive devices. He has admitted to attending an al Qaeda training camp at age 13 but has denied belonging to the organization or supplying weapons to it. Members of the Khadr family [CBC backgrounder] emigrated to Canada from Egypt in 1977 and are suspected of having ties to Osama bin Laden.

[JURIST] South African President Thabo Mbeki [official profile] spoke out Tuesday against an International Criminal Court indictment of Sudanese President Omar al-Bashir [BBC profile; JURIST news archive], telling reporters [AP report] that the move will jeopardize stability in the Darfur region [JURIST news archive]. Mbeki and Bashir issued a joint statement [text] following two days of meetings, focusing in part on possible negative repercussions of an ICC action:

[T]he Pre-Trial Chamber of the application by the International Criminal Court Chief Prosecutor could seriously undermine the ongoing efforts aimed at facilitating the early resolution of the conflict in Darfur and the promotion of long-lasting peace and reconciliation in the Sudan as a whole and, as a result, may lead to further suffering of the people of the Sudan and greater destabilisation with far-reaching consequences for the country and the region.

[JURIST] The Spanish Supreme Court [official website] announced Tuesday it has banned the Basque Nationalist Action Party (ANV) [party website] from taking part in any political activities in the country, because of its alleged ties to ETA [BBC backgrounder; JURIST news archive], the armed Basque separatist movement. According to a request filed by prosecutors [JURIST report] in January, evidence shows that ANV has close ties with Batasuna [BBC backgrounder], ETA's former political arm which was banned by the Supreme Court in 2003. The Court's decision means party activities will be dissolved and all party assets seized by the government. The Court will consider Wednesday whether to also ban the Communist Party of the Basque Lands (PCTV), which prosecutors had included in its January request for the same reasons. Reuters has more.

In February, the Court blocked [JURIST report] both ANV and PCTV from fielding candidates in Spain's March general elections, allowing the government to shut down party offices, freeze their bank accounts, and cut off government funding. According to the Court, Batasuna had used the parties to help circumvent their 2003 ban and participate in politics. ETA, which seeks an independent Basque region in what is currently northern Spain and southwestern France, has been blamed for more than 800 deaths in bombings and attacks since the 1960s.

[JURIST] At a meeting of the UN Human Rights Council [official website] in Geneva Tuesday, Sudan called for the Council not to renew the mandate of Sina Samar [official website], the UN Special Rapporteur on the situation of human rights in Sudan, whose term is set to expire in December. The remarks, made by Sudanese Ministry of Justice Under-Secretary Abdel Daiem Zumarawi, came after Special Rapporteur Samar presented the Council with her report [text, PDF] on the situation of human rights in Sudan. In his comments [UN press release], Zumarawi claimed that:

by not renewing the mandate, the Council would give further impetus to end the conflict; this would make Sudan fully ready to cooperate with the Human Rights Council...Sudan ha[s] been for many years a victim of politicisation, but...has always answered through collaboration. [sic]

[JURIST] Fourteen Chadian and Senegalese citizens filed complaints with a Senegal prosecutor Tuesday, alleging war crimes and torture by former Chadian dictator Hissene Habre [HRW materials; JURIST news archive]. Habre fled to Senegal after being overthrown in 1990, and last month a Chadian court sentenced him to death in absentia [JURIST report] for crimes committed against the state. The complaints filed against Habre Tuesday are seen as an attempt to hasten Habre's Senegal trial. Reuters has more. AFP has additional coverage.

Habre has been accused of involvement in the murder or torture of more than 40,000 political opponents during his rule from 1982 to 1990. Senegal courts have long refused to extradite Habre, despite the issuance of an international arrest warrant [JURIST reports] by Belgium pursuant to its universal jurisdiction laws [HRW backgrounder]. Under growing international pressure to either try Habre locally or extradite him to Belgium, Senegalese President Abdoulaye Wade [official profile, in French; BBC profile] agreed in April 2006 to try him in Senegal and the Senegalese government later determined [JURIST report] he would face charges in a criminal court, rather than in front of a special tribunal. Previously the Senegalese courts dismissed an action against him in 2001 [HRW case backgrounder], claiming that they lacked jurisdiction over crimes committed elsewhere. In July this year Senegal formally adopted [JURIST report] a constitutional amendment giving the nation's courts jurisdiction over Habre's trial.

[JURIST] Witnesses before the US Senate Judiciary Committee [official website] on Tuesday presented testimony [video; hearing materials] discussing the Rule of Law and criticizing the White House [official website] for exceeding the limits of constitutional authority during George Bush's presidency. At a Subcommittee on the Constitution [official website] hearing, subcommittee chairman Sen. Russ Feingold (D-WI) [official website] opened the hearing:

[F]or the past seven and a half years, and especially since 9/11, the Bush Administration has treated the Constitution and the rule of law with a disrespect never before seen in the history of this country...That is why I called this hearing – to hear from legal and historical experts on how the next President should go about tackling the wreckage that this President will leave. I've asked our two panels of experts who will testify to be forward-looking – to not only review what has gone wrong in the past seven or eight years, but to address very specifically what needs to be set right starting next year and how to go about doing it.

The abuses that have taken place must be accounted for. We need to know what went wrong, how it is that mistakes and illegal actions were allowed to occur, and how they have harmed us. When there are allegations that ultimately are proven wrong, they should be aired and names cleared. When the United States has conducted its anti-terrorism policy forthrightly and wisely, it should be commended for doing so. But given the ample evidence that the Administration’s unchecked policy is out of balance, it is far more likely that the greatest need is institutional repair and restoration of the rule of law.

[JURIST] Bolivian President Evo Morales [official website; BBC profile] on Tuesday announced the arrest of a provincial governor and political opponent on genocide charges in connection with the deaths of several Morales supporters [CBC report] during demonstrations last week. Gov. Leopoldo Fernandez [Univision interview, in Spanish], who had refused to recognize Morales' declaration of martial law [Reuters report] in Pando province on Saturday, was taken to La Paz by federal soldiers. At a press conference, Morales defended the governor's arrest [Reuters report] as "legal and constitutional." On Monday, the newly formed Union of South American Nations (UNASUR) implored Bolivians to end the violence [AP report] as it recommended the creation of a commission to mediate negotiations between Morales' government and the opposition, which favors autonomy. Reuters has more. AFP has additional coverage. From La Paz, La Razon has local coverage, in Spanish.

Weeks of regional protests in affluent states opposing Morales' income redistribution proposals culminated in the president's accusation [AFP report] earlier this month that opposition governors were engaged in a "civil coup against democracy." After a national referendum in August permitted Morales to retain his office [JURIST report], he renewed his campaign for constitutional amendments that would distribute more of Bolivia's land and energy resource income to the country's indigenous population. Several of the provincial governors also confirmed by that referendum, including Fernandez, have fought the constitutional reforms [JURIST reports].