[JURIST] Japanese defense minister Yasukazu Hamada [official profile] on Wednesday ordered [press release] the country's Maritime Self-Defense Force [official website] to prepare to travel to the waters surrounding Somalia to combat piracy in the region, despite concerns that combat could be prohibited by the country's constitution. Hamada has said the plan is designed to protect the country's commercial interests, but opposition lawmakers are concerned the move violates the Renunciation of War [text] chapter of the the country's 1946 constitution. The scope of the forces' authorization to engage the pirates, especially if they are found attacking a non-Japanese ships, remains unclear [Daily Yomiuri report] given other limiting articles of the Self-Defense Forces Law [materials] governing the mission.

In December, the UN Office on Drugs and Crime (ODC) [official website] called for greater judicial cooperation in combating piracy [JURIST report] off the Horn of Africa. Given the difficulty of prosecuting suspects in their home countries—Somalia is ranked among the world's most corrupt [JURIST report]—the UNODC has suggested that countries in the region with more stable governments, like Djibouti, Kenya and Tanzania, conduct the trials. The UN Security Council's unanimous approval of Resolution 1838 [text, PDF; press release] allowed cooperating states to enter territorial waters and use whatever means they deemed necessary to suppress piracy.

[JURIST] Former Malawi President Bakili Muluzi [BBC profile] will likely be tried for corruption after the country's Supreme Court of Appeal Tuesday struck down an injunction that had stalled the investigation into his alleged theft of international aid money. Muluzi contends that the charges are political, as he intends to seek a third, non-consecutive term in the country's May elections. Last week, President Bingu wa Mutharika [government website] urged the national election commission to reject [Nyasa Times report] Muluzi's filing papers on the grounds that the constitution [text, PDF] bars him from serving a third term.

Both Muluzi and Mutharika have been accused of corruption [JURIST report] in the past. Muluzi served as president from 1994 until 2004. As the country's constitution precluded him from serving a third consecutive term, Mutharika became his hand-picked successor. Mutharika later defected from Muluzi's Democratic Front party to form his own Democratic Progressive Party (DPP) [official website].

[JURIST] The US Senate Judiciary Committee [official website] voted 17-2 Wednesday to approve the nomination of Eric Holder [professional profile] to serve as Attorney General. Holder won the approval of all the Democrats on the committee, as well as some of the Republicans, including ranking Republican committee member Senator Arlen Specter (R-PA) [official website]. The two dissenting votes were cast by Republican Senators John Cornyn (R-TX) and Tom Coburn (R-OK) [official websites]. Specter said [press release] Tuesday, "I think that Mr. Holder is entitled to the benefit of the doubt in the context of the excellent record that he has and those recommendations weighed against the issues which were of concern to me." Committee chairman Senator Patrick Leahy (D-VT) [official website] responded [press release] to Specter's declaration of support, saying, "I am glad that Senator Specter has resolved his concerns and will support Eric Holder’s nomination to be the next Attorney General." Holder's confirmation will now to go a vote before the entire Senate.

Earlier this month, Holder told the committee [JURIST report] in confirmation hearings [materials; transcript] that he believes waterboarding [JURIST news archive] constitutes torture. Then-President-elect Barack Obama officially announced his nomination of Holder [JURIST report] last month. Holder served as Deputy US Attorney General [archive materials] during the Clinton administration. Republicans have criticized [JURIST report] Holder for his role in the 2001 pardon of fugitive financier Marc Rich [Time backgrounder]. If confirmed by the Senate, Holder would be the first African-American to lead the Justice Department.

[JURIST] Prosecutors at the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website; JURIST news archive] Tuesday began the war crimes trial [press release] of former Serbian general Vlastimir Djordjevic [ICTY backgrounder, PDF; case materials]. Djordjevic was arrested [JURIST report] in 2007 and formally indicted [indictment, PDF] in July 2008 for his participation in crimes against humanity, murder, and illegal deportation. The indictment alleges that Djordjevic used his role in the Serbian government to commit the crimes, and the forces he commanded acted against those not involved in the hostilities. In his opening statement, prosecutor Chester Stamp accused [AFP report] Djordjevic of forcing the exile of as many as 800,000 Albanians, and the murder of hundreds. The prosecution's case is expected to last approximately 90 hours. The trial of Djordjevic is the fifth and the last trial that the ICTY will hear regarding war crimes in Kosovo.

The ICTY has pursued criminal action against other leaders in the Kosovo conflict. Former Yugoslavian president Slobodan Milosevic [ICTY case materials; JURIST news archive] was tried with committing war crimes in the region, but died before a verdict could be issued. The ICTY acquitted [JURIST report] former Kosovo Prime Minister and Kosovo Liberation Army (KLA) commander Ramush Haradinaj of all war crimes charges. Haradin Bala was convicted [UN Press release] and sentenced to 13 years in prison for his involvement with the KLA and the torture of prisoners of war. Two others were acquitted in that case. The ICTY is awaiting a verdict [ICTY case materials] in the trial of former Serbian President Milan Milutinovic and six other Serbian officials.

[JURIST] A Peruvian court on Tuesday ruled that two alleged members of the Colina Group [AI backgrounder] must be released without charge after six years in custody. Douglas Arteaga Pascual and Angel Pino Diaz were never convicted during the 72 months they spent in prison. Peruvian law mandates that prisoners be released after 32 months if they have not been convicted. A lawyer for the Pro Human Rights Association (APRODEH) [advocacy website, in Spanish] warned [press release, in Spanish] that the Human Rights Prosecutor now has the responsibility to ensure the safety of the witnesses, their families, and the prosecutors involved in the cases in which Diaz and Pascual are implicated.

The Colina group is suspected of being responsible for the 1991 Altos Barrios tenement and 1992 La Cantuta [MIT backgrounder] massacres. Former president Alberto Fujimori [BBC profile, JURIST news archive] is currently on trial [JURIST report] for allegedly ordering the Colina Group to use brutal tactics to eradicate Shining Path (Sendero Luminoso) [BBC backgrounder] leadership. A verdict is expected in March, and Fujimori faces a possible sentence of up to 30 years if convicted.

[JURIST] Sudan's Khartoum North Court on Wednesday sentenced a Sudanese man to 17 years in prison on charges of spying, criminal conspiracy and passing on confidential military documents after he attempted to share information with the International Criminal Court (ICC) [official website] relating to the investigation of a Darfur [JURIST news archive] war crimes suspect. Mohamed Alsary Ibrahim was accused [JURIST report] of trying to get close to Ahmed Haroun, Sudan's state minister for humanitarian affairs, in order to obtain information for Sudanese-American contacts who would then give the information to the ICC. Haroun is accused [JURIST report] of committing war crimes against the civilian population in Darfur.

Earlier in January, Sudanese authorities detained [JURIST report] prominent political opposition figure and Islamist leader Hassan al-Turabi in response to al-Turabi's calls for President Omar al-Bashir [BBC profile; JURIST news archive] to turn himself over to the ICC. In August, ICC prosecutor Luis Moreno-Ocampo said Sudan is merely going through the motions with its planned probe [JURIST reports] into Darfur human rights violations. He said that Sudan does not have the political will to bring human rights offenders to justice, noting that an earlier Sudanese investigation into genocide claims was led by Haroun himself. The ICC issued a warrant for Haroun's arrest last year, but Sudan has refused to turn him over. In a controversial move in July, Moreno-Ocampo applied [JURIST reports] for an arrest warrant for al-Bashir on charges of genocide, crimes against humanity, and war crimes for atrocities committed in the country's Darfur region.

[JURIST] The British Information Tribunal [official website] has ruled [decision, PDF] that the government must release redacted minutes of two Cabinet [official website] discussions from the months preceding the war in Iraq [JURIST news archive]. The discussions of March 13 and 17, 2003, centered on the legality [BBC report] of a possible Iraq war. The tribunal found that the public interest in keeping the minutes sealed did not outweigh the public interest in disclosure, as required by the country's Freedom of Information Act [text]. The majority cited the value of giving the public the chance to make up its mind about the effectiveness of the government's decision-making process in deciding to invade Iraq. The tribunal agreed to the redaction of the names of nations discussed in cases where disclosure would be likely to cause diplomatic difficulties. The tribunal stopped short of requiring the disclosure of informal notes from the meetings.

Britain's Freedom of Information Act took substantive effect [JURIST report] in January 2005, four years after its passage by Parliament. At the time, critics complained about broad exceptions that might prevent the release of highly sought-after documents, including many relating to the war in Iraq. In December 2005, a Freedom of Information Act request led to the release of files regarding Bad Nenndorf [JURIST report], a secret British prison camp in Germany after World War II.

[JURIST] A spokesperson for Russian President Dmitry Medvedev [official website] on Tuesday announced that Medvedev's administration will modify a legislative proposal that would change the definition of treason, state secrets, and espionage, amid criticisms that the current text could limit human rights. Civil rights activists have warned that the bill would allow the government to arrest any government critic [statement text, in Russian; JURIST report], as it would extend the definition of treason [Moscow Times report] to include damage to Russia's constitutional order, sovereignty, or territorial integrity. Medvedev's First Deputy Chief of Staff Vladislav Surkov [official profile] said Tuesday that the president ordered the bill to be reviewed in light of the criticisms to ensure no rights would be curtailed.

In December, rights activists characterized the bill, which was submitted by the cabinet of Prime Minister Vladimir Putin [official website], as a "terrible blow" and a repetition of the Stalin regime. Earlier this month, Medvedev signed in to law [JURIST report] amendments [text, in Russian] to the country's penal code ending jury trials for terrorism or treason suspects and giving prosecutors broader investigative authority on terrorism or treason related cases. Critics fear that the amendments will decrease transparency [JURIST report] in the Russian judicial system, particularly if the bill expanding the definition of treason is passed. Opponents also say the combination of the two measures could allow the government to take unchecked action [Los Angeles Times report] against political dissenters. Medvedev's Tuesday announcement is being closely observed as a possible sign of a rift between Putin and Medvedev.

[JURIST] A French court on Tuesday postponed a ruling on whether to overturn the sentences of five French citizens who were released from US custody at the Guantanamo Bay [JURIST report] detention center in July 2004 and March 2005 [BBC reports]. The five, identified as Brahim Yadel, 37, Mourad Benchellali, 26, Nizar Sassi, 27, Khaled Ben Mustapha, 35, and Redouane Khalid, 39, were convicted in December 2007 [JURIST report] of "criminal association with a terrorist enterprise," and sentenced to one year in prison each. The five men had served provisional sentences in France and were released before the conclusion of the 2007 trial. The postponement [AFP report] of the French ruling comes in response to US President Barack Obama's order to close the Guantanamo detention center [JURIST report] within one year.

France formally charged the defendants [JURIST report] in April 2006. During their original September 2006 trial, the judge refused to deliver a verdict [JURIST report], instead saying that he wanted to know more about a French intelligence-gathering mission in which French agents had interviewed the men while still at Guantanamo. The French government at first failed to disclose the meetings [JURIST report], a fact that could have rendered the case invalid. During the retrial [JURIST report], a French diplomatic telegram published in the Liberation daily referred to intelligence agents who conducted interviews with the suspects at least twice while at Guantanamo.

[JURIST] US Securities and Exchange Commission (SEC) [official website] officials on Tuesday said that the SEC is committed to greater enforcement in the wake of the recently-revealed fraud scheme allegedly perpetrated by Bernard Madoff [JURIST news archive], at a hearing [materials] before the US Senate Banking Committee [committee website]. The Committee, chaired by Senator Christopher Dodd (D-CT) [official website], heard testimony from two victims of the alleged Madoff fraud, as well as SEC Division of Enforcement Director Linda Thomsen, SEC Office of Compliance Inspections and Examinations Director Lori Richards, and Interim CEO of the Financial Industry Regulatory Authority Stephen Luparello [testimony, PDF]. Richards testified:

The agency’s staff are dedicated, hardworking, and keenly committed to the agency’s mission to protect investors. Speaking as an examiner, we are focused hard on fraud, and we are committed to finding fraud. We examine many different firms -- these include many that are run honestly and in compliance with the law, and they also include those that are engaged in deception, dishonesty, falsification of records and fraud of various kinds. Examinations have identified many different types of frauds, including carefully-hidden Ponzi schemes.