[JURIST] A judge in Malaysia's Kuala Lumpur Sessions Court on Friday ruled [opinion text] that the sodomy trial of Malaysian opposition leader Anwar Ibrahim [BBC profile; JURIST news archive] will not be transferred to the country's High Court. The application seeking the transfer of the case was signed by Malaysian Attorney General Tan Sri Abdul Gani Patail, who is being sued by Anwar relating to his 1998 arrest on similar sodomy charges. Anwar argued that the attorney general was seeking the transfer because of bias. In his ruling, Judge Komathy Suppiah wrote:

It is clear...that the AG was in fact exercising a quasi-judicial power when he signed the transfer certificate. Accordingly, the rule against bias would disqualify him from issuing the certificate.

[JURIST] A ballot measure [Amendment 46 text and materials] to prohibit governmental agencies from discriminating or granting preferences on the basis of race and sex [JURIST news archive] has been narrowly rejected [No campaign website] by voters in Colorado, according to results available Friday. The unofficial tally [text] on Amendment 46 with 96% of polls reporting was:

Yes – 1,033,865 – 49.3% percent
No – 1,061,396 – 50.6% percent

AP has more.

A nearly identical measure passed [JURIST report] Tuesday in Nebraska. In 2006, Michigan voters approved a similar state constitutional amendment, which was upheld [JURIST report] in March by a federal district judge in a lawsuit alleging that such an affirmative action ban violated the US Constitution.

[JURIST] The 2008 fiscal year led to record deportations of undocumented immigrants in the US according to US Immigration and Customs Enforcement (ICE) [official website] reports Thursday. Nationwide, ICE deported 349,041 immigrants during the 2008 fiscal year ending September 30, as opposed to the 288,663 reported as removed in the 2007 fiscal year [ICE report, PDF] and 2004's 174,000 deportations. The reports [Denver ICE release, PDF], released by local ICE offices throughout the country, also cited local deportations which have gone up as well. About a third of the deported immigrants had criminal records. The Pew Hispanic Center [official website] recently released a report [text, PDF] showing a decreased number of undocumented immigrants in the US from 2005 to 2008. While not identifying a specific a reason for the decrease, that report noted increased enforcement of immigration laws. The Miami Herald has more. AP has additional coverage.

The increase in deportations comes despite ICE's recent abandonment of its voluntary deportation program [JURIST report]. ICE maintains a wide range of other initiatives [facts sheets] to combat illegal immigration, including raids. The Transactional Records Access Clearinghouse (TRAC) at Syracuse University reported this summer that US immigration prosecutions hit record levels [JURIST report] early this year. TRAC attributed the increase in prosecutions to Operation Streamline [WP backgrounder], a joint federal program under which federal prosecutors levy minor charges against illegal immigrants crossing the US-Mexico border. "Reentry of a deported alien" is by far the most common charge in immigration prosecutions.

[JURIST] Malaysian High Court Justice Syed Ahmad Helmy Syed Ahmad ordered the release of blogger Raja Petra Kamaruddin on Friday, finding insufficient grounds for his arrest under the country's Internal Security Act (ISA) [text, PDF; HRW backgrounder], which allows for indefinite detentions. Raja Petra, the editor of anti-government website Malaysia Today [political blog], had been in a detention camp since September, when he was accused of causing ethnic tensions by writing articles that allegedly insulted Islam. Malaysian Bar [profession website] President Ambiga Sreenevasan praised the ruling [press release], saying:

At a time when public confidence in the independence of the judiciary has taken a beating from one judicial crisis to another, and at a time when promised judicial reforms have yet to take place, the decision of the learned high court judge in the habeas corpus application of Raja Petra Kamaruddin gives us hope that our judiciary has acted and will act with courage, integrity and independence when the liberty of an individual is threatened by the arbitrary use of power under the Internal Security Act 1960.

[JURIST] Judge Richard Leon [official profile] of the US District Court for the District of Columbia [official website] on Thursday began habeas corpus hearings for six Algerians challenging their detention at Guantanamo Bay. The hearings are the first to be held since the Supreme Court [official website] granted detainees at the facility the right to challenge their captivity in Boumediene v. Bush [opinion, PDF; JURIST report] in June. The government has not brought criminal charges against the men, but has said that they planned to join al Qaeda in hostilities against the US. Lawyers for the men challenged the sufficiency of the government's evidence, and criticized Leon's decision to close the hearing to the public after he found that some of the evidence used against the six should be kept classified. His ruling on the petition is expected later this month. AP has more. The New York Times has additional coverage.

Also Thursday, DC District Court Chief Judge Thomas Hogan [official profile] issued an order [order, PDF] establishing rules for the habeas hearings that have been put under his jurisdiction. In the order, Hogan specified that the government must show "by a preponderance of the evidence" that it can justify holding the detainees, and that it must define "enemy combatant" in order to hold the men under the designation. SCOTUSblog has more.

Earlier this week, a panel of the US Court of Appeals for the DC Circuit [official website] suspended [opinion, PDF; JURIST report] its review of another detainee's status as an "enemy combatant," saying it may lack authority to review the case because of the district court's authority over the habeas petitions. In October, Leon ruled [order, PDF; JURIST report] that in order to be validly held as an "enemy combatants," Guantanamo Bay detainees [JURIST news archive] must have directly supported hostilities against the US or its allies setting the standard which the government must use to justify their detention.

[JURIST] The UN General Assembly and Security Council [official websites] on Thursday elected [ICJ press release, PDF; UN press release] five new judges to the International Court of Justice (ICJ) [official website]. Judges Awn Shawkat Al-Khasawneh of Jordan, currently the vice president of the court, and Ronny Abraham [ICJ biographies] of France were re-elected. Antonio Augusto Cancado Trindade of Brazil, Christopher Greenwood [faculty profile] of the United Kingdom, and Abdulqawi Ahmed Yusuf of Somalia were newly elected [ICJ biographies]. Their nine-year term will begin on February 6, 2009. Greenwood's nomination had been somewhat controversial [Guardian report] in light of his authorship of a 2002 memo to the British government [text] saying that an invasion of Iraq by the US and UK was legal under existing UN resolutions. AFP has more.

The ICJ is composed of 15 judges, and one third of the membership is elected every three years. The court was established in June 1945 as the judicial branch of the UN. Its role is "to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies."

[JURIST] The British and Falkland Islands governments announced [press release] Thursday that they have agreed on a new constitution for the disputed South Atlantic Islands, a British territory also claimed by Argentina. Under the new constitution, primary governing power is vested in the Falkland's local government [official website], but the British governor to the territory retains the power to veto its actions "in the interests of good governance," as well as authority over certain sectors including defense, security, and the judiciary. It also includes rights provisions designed to comply with the European Convention on Human Rights and the International Covenant on Civil and Political Rights [texts]. Both governments praised the agreement, with Falkland Islands Councilor Mike Summers saying:

The new constitution more accurately describes the relationship between the Falklands and the United Kingdom, and formally establishes the degree of internal self-government. We have been pleased with the co-operative nature of our negotiations, reflecting a maturing partnership and a continuing commitment to security, social and economic development. The right of the people of the Falkland Islands to determine their political future has been freely exercised through the democratic process.

[JURIST]Peruvian Prime Minister Yehude Simon [official website, in Spanish] has declared a state of emergency [press release, in Spanish] for Tacna province [official website, in Spanish] in southern Peru where violence broke out last week after the government passed a law reducing the province's share of revenue from mining operations in the region. The new law levies taxes based on how much mineral wealth is produced, whereas taxes under the old law were based on how much earth was moved at a mine. The emergency declaration issued Tuesday is intended to restore security to the region where rioters have destroyed public buildings and at least 89 have been arrested. The order will ban public gatherings, limit travel, suspend personal privacy, and increase police presence in the region for 30 days. The government defended the constitutionality of the declaration [El Peruano report, in Spanish], arguing the measure is necessary to secure the safety of its citizens. On Wednesday Simon announced [press release, in Spanish] that there would be no talks with Tacna until the violence stopped. UPI has more.

In August, the government of Peru instituted a state of emergency [Peruvian Times report] in the northern region of the country, in response to large protests held by indigenous groups who oppose a new law [JURIST report] reducing the majority by which a tribe must agree to sell communal land to oil and natural gas companies. The new law is part of a trade agreement negotiated with the Bush administration designed to make it easier for energy companies to acquire land from US trading partners.

[JURIST] The government of India issued a warning [statement text] Thursday on illegal land sales to foreigners in the country, especially in the state of Goa [official website]. Located in the western part of India, Goa is known for its seaside views and inexpensive housing, which attract many foreigners. The statement by the Ministry of Finance [official website] said:

It has come to the notice of the Central Government that foreign nationals are buying immovable property illegally in some parts of the country, particularly in Goa, which has raised concerns . . . [A]ll, including the authorities concerned in the State Governments, are hereby advised to be extra vigilant in such matters and satisfy themselves about the eligibility under [the Foreign Exchange Management Act] before registering a sale or purchase of immovable property in India. The enquiries [sic] may include both the intending buyers and sellers. The relevant travel documents and the nature of visa may also be verified before registering such sale / purchase.

[JURIST] The International Bar Association's Human Rights Institute (IBAHRI) [profession website] Thursday called on [letter text] Sri Lankan President Mahinda Rajapaksa [personal website] to open a probe into death threats allegedly sent by a group called Mahason Balakaya [Lanka eNews report] to the Sri Lankan human rights lawyers who represent suspected terrorists. IBAHRI said the government's failure to initiate an investigation violates both the country's constitution [text, PDF] and its international obligations under the International Covenant of Civil and Political Rights (ICCPR) [text]. IBAHRI asked that Sri Lanka review the UN's Basic Principles on the Role of Lawyers [text], stating:

[The guidelines] provide standards by which lawyers worldwide should be treated. According to principle 16, 'governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference’. In addition, article 18 states that ‘lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.’