[JURIST] Officials from Nigeria and from US pharmaceutical company Pfizer [corporate website] said Monday that they hope to reach a settlement agreement by the end of next month over allegedly illegal clinical trials conducted in Nigeria by the drug company in 1996. The national government and the state of Kano filed separate lawsuits [BBC backgrounder] in 2007 accusing Pfizer of administering meningitis medication to 200 Nigerian children - including 100 with the then-experimental antibiotic Trovan [FDA backgrounder] - without the authorization of the Nigerian government or the consent of the patients' guardians. They also charge that the testing killed 11 children and incapacitated 181 others, and demanded a total of $8.5 billion in damages. Pfizer has denied the charges [statement of defense, PDF] and said that the company's actions were both ethical and beneficial [press release]. Pfizer continues to deny legal liability. Reuters has more. AFP has additional coverage.

Last year, a Nigerian court rejected a request by Pfizer [JURIST report] to dismiss the Nigerian government's lawsuit on technical grounds. Also last year, criminal court proceedings against Pfizer were suspended [JURIST report] at the request of prosecutors, who needed more time to prepare for trial.

[JURIST] Mexican Assistant Attorney General Marisela Morales Ibanez, head of Mexico's Assistant Prosecutors Office Specializing in Organized Crime (SIEDO) [official website], said Monday a branch of a Mexican drug cartel had infiltrated her office. Following SIEDO's 'Operation Cleaning,' Miguel Colorado Gonzales, Fernado Rivera Hernadez, Jorge Alberto Zavala, Antonio Mejia Robles, and at least one other federal investigator (all from SIEDO) are accused of receiving between $150,000 and $450,000 (USD) a month from the Sinaloa syndicate in exchange for confidential information. The investigation also revealed that the cartel had at least one insider at the US Embassy in Mexico. A protected informant claimed that while he worked at the embassy as a criminal investigator, he was paid to turn over information about US Drug Enforcement Agency (DEA) officials and investigations in real time to the cartel. In 2008 he received $30,000 for his work. The informant claimed he did similar work for the cartel while employed by Interpol at the Mexico City airport. AP has more. El Universal has local coverage, in Spanish.

Sinaloa maintains links with a number of other Mexican drug cartels, includng one formerly headed by Mexican drug lord Francisco Rafael Arellano-Felix, who was released from a US prison in March. Arellano-Felix ran the Arellano-Felix cartel [PBS backgrounder] until his 1993 arrest. He served more than 11 years in prison in Mexico on drug and illegal-weapons charges, before he became the first major drug dealer to be extradited from Mexico to the US [JURIST report] in 2006.

[JURIST] Head of the International Atomic Energy Agency (IAEA) [official website] Mohamed ElBaradei [BBC profile] said Monday in his annual report to UN member states that he wants North Korea to return to the Nuclear Non-Proliferation Treaty [text, PDF; IAEA backgrounder] after a five-year absence, during which it tested a nuclear device. His statement comes less than two weeks after North Korea allowed IAEA monitors back [IAEA press release] on the site of the Yongbyon plutonium reprocessing plant. Disarmament experts say there is little chance of stopping North Korea's nuclear program as long as it is not subject to the treaty's verification process. Reuters has more.

Earlier this month the US removed North Korea [WP report] from the State Department's list of terror sponsors [text] after President George W. Bush agreed [JURIST report] to the step following the communist state's handover of a report on its nuclear program to China, one of the countries participating in the so-called Six Party Talks [CFR backgrounder] on the North Korean program. In February 2007, North Korea agreed [JURIST report] to end its nuclear weapons program, shut down and seal any reactors, and completely declare the extent of its nuclear activities in exchange for 50,000 tons of heavy fuel. In October 2006, the UN Security Council voted to impose sanctions [JURIST report] on North Korea in response to the country's first nuclear test [JURIST report].

[JURIST] The Supreme Court of Georgia [official website] ruled [opinion, PDF] on Monday that current state laws regarding sex offenders are unconstitutional as applied to homeless people. The ruling was in response to the appeal of William James Santos, a homeless sex offender indicted for failing to register a new address as required by the Official Code of Georgia section 41-1-12 [legislative materials, PDF]. In defining the term "address," subsection (a)(1) of the Georgia code specifically states that "homeless does not constitute an address." Punishments for failing to register in Georgia are severe, ranging from ten to thirty years of imprisonment. A repeated offense of failure to register is punishable by life in prison. The state court determined that the current law "does not give homeless sexual offenders without a residence address fair notice of how they can comply with the statute’s registration requirement," reversing the appellant's indictment. As an alternative, the court cited section 290.011 [legislative materials, text] of the California Penal Code which contains stipulations for homeless sex offenders to follow in order to comply with registration laws. AP has more.

Last year the Georgia Supreme Court overturned [opinion, PDF; JURIST report] a law that would prohibit sex offenders from living within 1,000 feet of areas where children gather on the grounds that it was overly restrictive. Earlier this year New Jersey and Indiana [JURIST reports] also overturned similarly restrictive laws. Sex offender laws have been increasingly criticized [JURIST report] for limiting residence options and for promoting ostracization.

[JURIST] UK Lord Chancellor and Secretary of State for Justice Jack Straw [official profile] Monday called [speech text; press release] for a 'rebalancing of criminal justice priorities' amidst outrage expressed at newly released Ministry of Justice [official website] figures showing a sharp rise in the number of children born to female inmates. The Independent reported [news report] that according to official figures, 49 babies were born in prisons in England and Wales between April and the beginning of July this year, as compared to a total of 64 in 1995-96. Prison reform groups such as the Howard League for Penal Reform and the Prison Reform Trust [advocacy websites] quickly condemned the increase as inhumane and symptomatic of the over-incarceration of non-violent female offenders. In his speech Monday, Straw in turn criticized the strength of the UK prison reform lobby, arguing:

We hear loud and clear about the needs of offenders. But what about victims? The government as a whole has worked very hard to give a central voice and priority to victims, but we hear far less often from these lobbies about the needs of the victim. I think that they sometimes forget who the victim is, so lost do they become in a fog of platitudes and debate over the 'needs' of the offenders.

[JURIST] A pending California ballot initiative to eliminate same-sex marriage [JURIST news archive] in the state has generated more than $60 million in contributions to committees representing both sides [materials] as of Saturday, a figure believed to be a US record. Proposition 8 [text, PDF], which would amend the state constitution to limit marriage to heterosexual couples, requires a simple majority for passage. The controversial measure has inspired prolific fundraising and more than 64,000 donors from all 50 US states and 20 foreign countries have made contributions against or for. Opponents and supporters of the amendment have raised $32.3 million and $28.2 million, respectively. These figures do not include small donations within the last 30 days. AP has more. The San Jose Mercury News has local coverage.

In August the California Supreme Court [official website] denied [JURIST report] a motion to have the measure removed from the November ballot. California same-sex couples gained marriage rights in May when the state Supreme Court ruled [opinion, PDF; JURIST report] that Proposition 22 [text], a 2000 ballot initiative that would have banned same-sex marriage, violated the state’s constitution. In 2005, Governor Arnold Schwarzenegger [official website] vetoed a bill [JURIST report] legalizing same-sex marriage — the first US legislative effort to do so — citing his unwillingness to usurp the will of voters as expressed through Proposition 22.

[JURIST] Serbian war crimes prosecutor Vladimir Vukcevic [official website] and Albanian state prosecutor Ina Rama met Monday to discuss allegations of organ trafficking in Kosovo. Former Prosecutor for the International Criminal Tribunal for the former Yugoslavia (ICTY) Carla Del Ponte [BBC profile; JURIST news archive] alleged last spring [JURIST report] in a new book on her time at the tribunal that about 300 Serbian and other non-Albanian prisoners were victims of organ trafficking during the 1998-1999 war in Kosovo. A spokesman for the Serbian prosecution said [B92 local coverage] that the meeting was productive, despite the "diametrically opposed" opinions held by both prosecutors about what actually happened. CP has more.

In April, Serbia announced plans to officially request [JURIST report] that the ICTY resume its probe into the allegations after Vuk?evi? received "informal statements" [JURIST report] from ICTY investigators concerning illegal organ harvesting. The same month, Human Rights Watch (HRW) [advocacy website] urged [JURIST report] the leaders of Kosovo and Albania to launch an investigation. In June, the Council of Europe announced [press release; that it will prepare a report. Del Ponte has maintained that reliable sources told her that members of the Kosovo Liberation Army (KLA) [advocacy website] took the organs of young, healthy prisoners for black market sales.

[JURIST] Alleged al Qaeda propagandist Ali Hamza Ahmad Suliman al Bahlul [DOD materials] went on trial Monday before a military commission at the Guantanamo Bay [JURIST news archive] prison. Al Bahlul is only the second detainee to go on trial in Guantanamo since it opened in 2002. He attended the initial proceeding Monday, but sat in silence. His appointed military attorney, Air Force Maj. David Frakt, asked to be removed from the case as per his client's request, but the judge, Air Force Col. Ronald Gregory, refused. Frakt then refused to participate further, boycotting alongside al Bahlul. Gregory said that the burden would lie with the prosecution to prove al Bahlul's guilt. AP has more.

The 39-year-old Yemeni prisoner vowed earlier this year to boycott proceedings against him, saying he would attend only when a verdict was handed down or he was sentenced. Al Bahlul, alleged to have been Osama bin Laden's personal assistant and media secretary, was charged [JURIST report] in February with conspiracy, solicitation to commit murder and attacks on civilians, and providing material support for terrorism. He is accused of researching the financial impact of the 9/11 attacks and releasing the "martyr wills" of 9/11 hijackers Muhammed Atta and Ziad al Jarrah as propaganda videos. If convicted, he could receive a sentence of up to life imprisonment.

[JURIST] A Myanmar court sentenced six leading opposition activists to prison terms Friday in connection with their involvement in pro-democracy demonstrations during the abortive 2007 Saffron Revolution [Independent backgrounder]. All six are members of the National League for Democracy (NLD) and each was sentenced to between two and 13 years, according to Nyan Win, a spokesman for the NLP. Senior party leader Win Mya Mya, along with another party member, was sentenced to 12 years. According to Nyan Win, they were all charged with "inciting people to harm the peace of the state" under Section 505(B) and Section 153(A) of the Myanmar criminal code [Penal Code text]. Win said that the NLD will soon appeal. This comes just one day after party leader Aung San Suu Kyi [BBC profile, JURIST news archive] completed her thirteenth full year under house arrest. AP has more. The Bangkok Post has additional coverage.

In June, the UN Human Rights Council (UNHRC) criticized Myanmar [JURIST report] for its continued human rights abuses and refusal to cooperate with humanitarian groups. The resolution called on the Myanmar government to free political prisoners, stop recruiting child soldiers and implement earlier UNHRC resolutions regarding the country's human rights situation. Earlier this month, new UN High Commissioner for Human Rights Navanethem (Navi) Pillay [official profile] said during a news conference [UN News Centre report; JURIST report] that Myanmar continues to incarcerate an estimated 2,000 political prisoners, even after more than 9,000 prisoners were released [JURIST report] last month. In particular, Pillay condemned the continued imprisonment of Suu Kyi, calling the detention illegal "even in respect of [Myanmar's] laws."

[JURIST] The Community Court of Justice of the Economic Community of West African States (ECOWAS) [official websites] found the government of Niger liable Monday for failing to aid a young woman who was held in slavery for ten years. The West African court ruled under a 2003 law that made the ownership of slaves a criminal offense, and a provision of the 1999 Niger Constitution [text, PDF; in French] which bans slavery. Niger's government will be required to pay 10 million CFA francs ($19,750) in restitution to Hadijatou Mani. Observers say the ECOWAS court's binding ruling will affect every ECOWAS member state may force a number of nations to consider the legality of slavery within their borders, as well as act to protect whose who may be illegally enslaved. BBC News has more. Reuters has additional coverage.

Mani was sold into slavery in 1996 and released in 2005. She brought a suit [JURIST report] against the Niger government in April alleging that they failed to protect her as she was sold into and remained in slavery. The suit also challenged the Niger customary law which states that a freed slave remains the wife of her master. The human rights group Anti-Slavery International [advocacy website] estimates that as many as 43,000 people are still held in slavery within Niger. Slavery remains a common practice in many West African nations, particularly affecting women and children.

[JURIST] The US Air Force [official website] is conducting an ethics investigation of Air Force Brig. Gen. Thomas Hartmann [official profile; JURIST news archive] over allegations that he abused his power and inappropriately influenced the prosecution of enemy combatants at Guantanamo Bay [JURIST news archive], military officials said Saturday. Hartmann was the legal advisor to the US military commissions [DOD materials; JURIST news archive] at Guantanamo and supervisor of the Office of Military Commissions-Prosecution (OMC-P) until he was reassigned [JURIST report] to the position of director of operations of the Office of Military Commissions last month. It has been alleged that Hartmann forced officials at Guantanamo to bring prosecution cases before they were ready, prosecuted an individual on charges that were unwarranted, and that he tried to get prosecutors to use coerced evidence notwithstanding their objections. The Air Force is also investigating complaints by two military officials that Hartmann exhibited abusive and retaliatory behavior towards them within the Office of Military Commissions. The Los Angeles Times has more. AP has additional coverage.

Earlier this year military judges presiding over the trials of Guantanamo detainees Omar Khadr, Mohammed Jawad and Salim Ahmed Hamdan [JURIST reports] barred Hartmann from taking any part in the trials of those detainees on grounds that he was unduly biased towards the prosecution. US Army Gen. Gregory Zanetti [official profile], deputy commander at Guantanamo Bay, testified in August [JURIST report] that Hartmann routinely bullied his counterparts and was inappropriately aggressive in seeking indictments against detainees. In October, newly resigned Guantanamo chief military prosecutor Col. Morris Davis said during his tenure Hartmann questioned the need for open trials [JURIST report] and was upset with the slow pace of the proceedings begun by Davis.