[JURIST] A number of advocacy, rights and philanthropic groups filed an amicus curiae brief [text, PDF; ACLU press release] Friday with the US District Court for the Northern District of Ohio [official website] arguing against the classification of some charitable groups as terrorist organizations without due process. The brief, filed by the groups to support the plaintiffs in KindHearts for Charitable Humanitarian Development, Inc. v. Paulson et al [ACLU backgrounder and materials], argues that the designation of charitable groups as terrorist organizations without due process violates the groups' constitutional rights and discourage and undermine their humanitarian aid efforts. KindHearts is being represented in the litigation by the American Civil Liberties Union (ACLU) [advocacy website]. Among the organizations supporting the brief are Grantmakers Without Borders, OMB Watch, and the American-Arab Anti-Discrimination Committee [advocacy websites]. The amicus groups argue:

NPOs [Non-Profit Organizations] are in fact the government’s allies in the global effort to prevent the growth and spread of terrorist organizations and activities. By providing humanitarian aid, by encouraging economic development, and by enhancing the prospects for the future for those in need, NPOs work to prevent people from losing hope. They work to prevent societies from breaking down, countries from fragmenting. This work helps to prevent the emergence of violent extremism. Unfortunately, at a time when the U.S. has so much to gain by supporting international philanthropy, such work is instead becoming increasingly difficult. NPOs should be treated as allies in the global effort to counter terrorism, but instead they have become targets and casualties. Not only are the government’s actions and policies unconstitutional, but they also discourage and undermine the critical humanitarian aid provided by NPOs, and thus they are counterproductive to the government’s own counter-terrorism goals.

[JURIST] The Supreme Court of Nebraska [official website] ruled [opinion, PDF] Friday that Robert Henderson will not be reinstated as a state trooper for the Nebraska State Patrol [official website] because of his membership in the Knights Party [advocacy website], a political group associated with the KKK. Justice John M. Gerrard [official profile] wrote:

Nebraska public policy precludes an individual from being reinstated to serve as a sworn officer in a law enforcement agency if that individual's service would severely undermine reasonable public perception that the agency is uniformly committed to the equal enforcement of the law and that each citizen of Nebraska can depend on law enforcement officers to enforce the law without regard to race.

[JURIST] The US Department of Health and Human Services (HHS) [official website] gave notice to the White House Office of Management and Budget Friday that it was preparing to rescind a Bush administration regulation [text] protecting healthcare workers who refuse to fulfill medical services that violate their moral principles. The regulation, which was entered into the Federal Register on December 19, 2008, came into effect on January 20, just before the change in administration, and expressly limited potential actions brought by recipients of federal funding. Supporters of the regulation include the United States Conference of Catholic Bishops [organization website] and the Catholic Health Association [organization website], which believe that it protects the consciences of some health practitioners. Opponents of the regulation include theAmerican Medical Association [organization website] and Planned Parenthood [organization website], which believe it rewards those who deny women some types of medical services, including abortions. The official announcement of intent by the Obama administration is expected [NYT report] next week.

Obama repealed an international abortion funding restriction [JURIST report] in January, which refused federal funding to all international family planning organizations that provided information or counseling about abortions. In December, 13 state attorney generals protested the provisions of a similar proposed rule [JURIST report] that would limit women's access to abortion based on the religious beliefs of their medical providers.

[JURIST] Russia's Prosecutor General's Office [official website] on Friday appealed the acquittal [JURIST report] of three Chechen men accused of involvement in the killing of Russian journalist Anna Politkovskaya [BBC obituary; JURIST news archive]. The decision to appeal the ruling was reportedly made shortly after [RIA Novosti report] Moscow Military Court judge Yevgeny Zubov referred the case back to the office last week. The defendants' acquittal came a day after a jury found that the evidence presented against Sergei Khadzhikurbanov and Dzhabrail and Ibragim Makhmudov was insufficient to convict them for the crime. Prosecutor Vera Pashkovskaya said the appeal was based on trial violations [ITAR-TASS report] of the Russian code of criminal procedure, which may have inappropriately influenced jurors.

Politskovkaya, who gained recognition for her investigative reports [JURIST report] on torture in Chechnya, was murdered in her Moscow apartment building in 2006. The killing has been described by police as a contract killing in which the three men are accused [JURIST report] of playing minor roles. A lawyer for one of the accused alleged just before the acquittal that prosecutors had fabricated evidence [JURIST report] and pointed to other irregularities in the evidence, including a lost DVD with security camera footage and claims of other prosecutorial misconduct. Since the trial began in October, judge Yevgeniy Zubov has closed and then opened the proceedings to the public three times [JURIST news archive], citing juror security concerns and the presentation of classified information. After last week's jury finding, Amnesty International [advocacy website] urged Russian authorities to continue the investigation [press release] of Politkovskaya's killing.

[JURIST] Foreign ministers of the Association of Southeast Asian Nations (ASEAN) [official website] meeting in Thailand said Friday they had held discussions [press release] on a draft charter for the already-controversial ASEAN Human Rights Body (AHRB), which Thai officials have said they expect to be formally created during Thailand's chairmanship of ASEAN this year. The group said that AHRB will "promote and protect human rights and fundamental freedoms" but will likely lack the power to sanction member states for violations, according to a copy of the draft terms obtained [AP report] by the Associated Press. In a press release, the ASEAN foreign ministers characterized the AHRB as a tool to promote cooperation on common rights issues:

The AHRB is a part of ongoing regional efforts to help realize a truly people-centered ASEAN Community by 2015. The objectives of the AHRB is the creation of an organization that will promote and protect human rights and help shape and raise human rights standards in ASEAN according to the regional context and act as a channel for constructive cooperation on the issue of human rights for ASEAN Member States. In addition, the Foreign Ministers emphasized that the AHRB should be credible, realistic, effective and evolutionary.

[JURIST] The International Criminal Tribunal for Rwanda (ICTR) [official website; JURIST news archive] sentenced former priest Emmanuel Rukundo [case materials] to 25 years imprisonment Friday after convicting [press release] him of genocide, crimes against humanity, and sexual assault. Rukundo, who was a military chaplain and captain in the Rwandan Armed Forces, was found to have used his position as a priest to influence troops to abduct and kill [indictment, PDF] Tutsi refugees hiding in a seminary during the 1994 Rwandan genocide [HWR backgrounder]. The ICTR stated that his sentence was increased because he used a position of trust and authority to further the crimes. It also credited Rukundo with the seven-and-a-half years he has already spent in UN custody, leaving the balance of his term at approximately 17 years.

In 2003, UN Security Council Resolution 1503 [text, PDF] stated that the ICTR should complete all trials by 2008, but last June the ICTR requested additional time [JURIST report]. The contempt trial for a former ICTR defense investigator began earlier this month, and in January a former justice official was sentenced [JURIST reports] to life in prison for his role in the 1994 genocide.

[JURIST] The US Senate on Thursday approved the District of Columbia House Voting Rights Act of 2009 (S 160) [text] by a 61-37 vote [roll call]. The legislation gives the residents of the District of Columbia (DC) voting representation in the House of Representatives and also gives Utah an additional seat in the House. The Act was introduced into the House (HR 157) [bill summary] by DC delegate Eleanor Holmes Norton [official website] on January 6 and into the Senate on the same day by Senators Joseph Lieberman (CT) and Orrin Hatch (UT) [official websites]. Approval of the bill may yet be impeded by Amendment 575 [text; materials], introduced by Senator John Ensign (R-NV) [official website], which seeks to counter DC's strict gun laws by attempting to "restore Second Amendment rights." The amendment, passed 62-36, calls for the repeal of strict firearms registration requirements, lifts bans on semi-automatic weapons and handgun ammunition, and limits DC's ability to restrict federally allowed firearms and other gun-related provisions. The overall Act has yet to be approved by the House of Representatives.

The House previously approved a DC voting rights bill in 2007, although it was later rejected by the Senate [JURIST reports]. Eleanor Holmes Norton is the current House delegate for DC and is not allowed to vote on the final passage of bills. DC residents have been trying to obtain a voting seat in the House since 1801 [DPC backgrounder] but have been opposed on Constitutional grounds. Article I, Section 2 of the US Constitution has stood in the way [JURIST report] of such voting rights by granting representation only to the "People of the several States." Supporters of DC voting rights cite Article I, Section 8, which provides that Congress shall have exclusive legislative authority over the District. In December, DC passed legislation [JURIST report] increasing the restrictions on gun ownership after the Supreme Court in June prohibited [JURIST report] a gun ban in DC on Second Amendment grounds.

[JURIST] Ali Saleh Kahlah al-Marri [NYT profile; JURIST news archive], a suspected Al Qaeda operative held in the Navy brig in South Carolina since 2003, is to be officially charged and tried in US federal court, according to news reports. Al-Marri, a legal US resident, was arrested in December 2001 in Peoria, Illinois and charged with being part of a terrorist sleeper cell and is the only person held as an enemy combatant in the United States. He is expected to be charged with providing material aid to terrorists. The move comes just two months before the Supreme Court is to hold hearings on al-Marri's petition [cert. petition, PDF] for habeas corpus. The government is expected to ask for dismissal [SCOTUSblog post] of the case as being moot but al-Marri's lawyer Jonathan Hafetz said he will oppose [press release] a dismissal and ask for a ruling on the merits:

If true, the decision to charge al-Marri is an important step in restoring the rule of law and is what should have happened seven years ago when he was first arrested. But it is vital that the Supreme Court case go forward because it must be made clear once and for all that indefinite military detention of persons arrested in the U.S. is illegal and that this will never happen again.

[JURIST] Speaking on behalf of the European Union, Czech Interior Minister Ivan Langer [official profile, in Czech] Thursday expressed reservations [press release] about hosting Guantanamo Bay [JURIST news archive] detainees without first examining potential safety and security implications. The Czech Republic currently holds the rotating European Presidency [Czech presidency website]. After meeting with the EU Justice and Home Affairs Council [official website], Langer explained that while the decision to accept Guantanamo detainees is within the hands of each member nation individually, any decision to do so will affect all member nations due to the EU's lack of internal border controls. In pursuit of greater transparency, an EU delegation is set to visit Washington DC between March 16-17 [AP report] in order to view the files of the 60 inmates [JURIST report] set for release in the coming year. During the visit [IHT report], the delegation will examine the basis for US determinations that certain detainees are eligible for release, the decision of the US not to allow any of those detainees to remain within the US, the reasons why the detainees are unable to return to their home countries, and any potential security risks to the EU. They will also look into various forms of compensation offered by the US.

The European Parliament encouraged EU member nations [JURIST report] to accept former Guantanamo prisoners soon after President Obama ordered the closure of the detention center [JURIST report] last month. Spain, Ireland, and Portugal [JURIST reports] have expressed their willingness to host detainees. Poland [JURIST report], Sweden, the Netherlands, and the Czech Republic [Financial Times report] have expressed strong reservations to doing so.

[JURIST] Judge Robert Cleland of the US District Court for the Eastern District of Michigan [official website] on Thursday ordered journalist David Ashenfelter to attend a second deposition to answer questions regarding unnamed sources he used in connection with a 2004 article on former federal prosecutor Richard Convertino. Cleland declined to hold Ashenfelter in contempt, however, instead requiring the Detroit Free Press [media website] journalist to either divulge his governmental sources or support his Fifth Amendment claim with further facts. Ashenfelter has exerted his Fifth Amendment right against self-incrimination in refusing to reveal sources within the Department of Justice (DOJ) [official website] who supplied Ashenfelter with information regarding Convertino's conduct during the 2001 trial of terror suspect Karim Koubriti. Convertino sued the DOJ [JURIST report] in 2004 for leaking information about his conduct during the trial. Cleland wrote:

As discussed, Ashenfelter, as the witness seeking protection under the Fifth amendment, has not yet provided personal testimony or other evidence which sufficiently indicates the nature of any criminal liability he may fear. The court has been presented with an abstract list of possible crimes which, without specific factual backing, provide little more than Ashenfelter's "say so" that a reasonable possibility of criminal prosecution exists. In light of the reasoning expressed herein however, the court will provide Ashenfelter a further opportunity to either provide the requested information or to properly develop the factual record so that this court may weigh his claim under the Fifth Amendment.

[JURIST] Colombian President Alvaro Uribe [official profile, in Spanish; BBC profile] on Thursday Department of Administrative Security (DAS) [official website, in Spanish] will no longer be able to conduct wiretapping operations with just a court order, and will now require the cooperation of the National Police [official website, in Spanish]. This order follows allegations that the DAS illegally recorded the conversations of Supreme Court magistrates, media directors, and politicians from the opposition. According to Uribe, the police will need to verify the legality of the requests and will act as a check on the power of national intelligence gathering, improving transparency. DAS Director Felipe Munoz has acknowledged the existence [Colombia Reports report] of evidence supporting the allegations. Intelligence Director Fernando Tabares resigned Thursday, the fourth intelligence official to resign in the midst of the scandal.

On Monday, Uribe denied [JURIST report] ordering any of the illegal wiretaps. Last year, Uribe and his administration were cleared of similar allegations [JURIST report] after claiming they were unaware of a plan to record journalists, opposition members, and government officials. The scandal comes at an inopportune time for Colombian officials, as Defense Minister Juan Manuel Santos and Foreign Minister Jaime Bermudez are trying to convince [LA Times interview] the Obama administration to continue funding an anti-drug initiative [Reuters report] despite human rights violations, corruption and a failure to reduce cocaine production.

[JURIST] Iraqi-born Dutch citizen Wesam al Delaema pleaded guilty [DOJ press release] Thursday in the US District Court for the District of Columbia [official website] to a charge of conspiracy to murder US nationals outside the United States [text]. Al Delaema is the first alleged insurgent in the Iraq war to be tried in US federal court. As part of the plea arrangement al Deleama admitted planting roadside bombs in the Iraq city of Fallujah and demonstrating on video how he planned to detonate those bombs to kill Americans. The agreement calls for a 25-year sentence to be served in the Netherlands, though the court will formally sentence al Delaema April 15. The Netherlands, however, has discretion to change the length of the sentence.

In 2007 al Delaema pleaded not guilty [JURIST report] to attacks on US troops in Fallujah in 2003. The Dutch Ministry of Justice [official website] extradited [JURIST report] al Delaema to the United States in 2007 after authorization [JURIST report] from a Dutch court based on US promises to try al Delaema in a federal court rather than by a military commission [JURIST news archive]. Al Delaema was held in the Netherlands for about two years after the US charged him with attempting to kill US soldiers [JURIST report] in 2005.