[JURIST] Czech President Vaclav Klaus [official website, in Czech] on Wednesday called an emergency meeting [press release, in Czech] of political officials to discuss potential changes to the country's constitution, one day after the Constitutional Court [official website, in Czech] delayed elections [press release, in Czech] planned for October 9 and 10 to consider a suit by a lawmaker. The court delayed the election after independent lawmaker Milos Melcak filed a complaint [text, PDF, in Czech] alleging that the scheduled elections violated his rights by not allowing him to serve his full parliamentary term. Klaus said [press release, in Czech] he was "seriously concerned" by the court's decision, calling it "highly political." At Wednesday's meeting, politicians agreed to establish a working group to prepare amendments to the constitution that would make it easier to dissolve parliament and call new elections.

Former prime minister Mirek Topolanek [official website; JURIST news archive] formally resigned [JURIST report] in March, dissolving parliament, which led to the scheduling of the now-delayed October elections. The Czech Republic has been experiencing economic difficulty over the past year, and the delayed election will further delay budget negotiations. Since the breakup of Czechoslovakia in 1993, the Czech Republic has been led by a series of governments lacking a strong majority [Bloomberg report].

[JURIST] A Thai criminal court has sentenced political activist Darunee Charnchoengsilpakul [advocacy website] to 18 years in prison for insulting the royal family. Darunee was convicted [The Nation report] last Friday on charges of violating Thailand's lese majeste [UPI backgrounder] law, which prohibits defaming, insulting, or threatening "King, the Queen, the Heir-apparent, or the Regent." Darunee was accused of denouncing the royal family during a July 2008 speech while speaking at a political rally for the United Front for Democracy against Dictatorship (UDD) party of ousted prime minister Thaksin Shinawatra [BBC profile; JURIST news archive]. Darunee's lawyer says he plans an appeal [Bangkok Post report].

In June, Amnesty International (AI) [advocacy website] called for a public trial [JURIST report] for Darunee after Judge Prommat Toosang on ordered [Reuters report] that the trial be closed for national security reasons. AI's Asia-Pacific director Sam Zarifi noted that although the closure of trials is legitimate under the International Covenant on Civil and Political Rights (ICCPR) [text] and the Thai Constitution [text, in Thai], the government "will have a very difficult time explaining why the trial of someone charged with making an insulting remark could compromise Thailand's national security." Zafiri said that Prommat's guarantee of a fair trial was inadequate and "simply not verifiable" unless the trial is conducted in public. Thaksin was removed from power in 2006 by a military coup and was later as convicted on corruption charges [JURIST reports] by the Supreme Court of Thailand.

[JURIST] The Scottish Parliament [official website] voted 73-50 Wednesday to condemn last month's decision by Scottish Justice Minister Kennny MacAskill [official profile] to release [JURIST report] to Libya convicted Pan Am Flight 103 [BBC backgrounder] bomber Abdelbaset Ali Mohmed Al Megrahi [BBC profile]. The symbolic vote was a defeat for the ruling Scottish National Party (SNP) [party website] but did not represent an attempt to overthrow the government. The vote comes as documents [materials] released Tuesday indicate that the British Middle East minister and other officials told MacAskill that there were no legal obstacles to Megrahi's release. Also Wednesday, British Prime Minister Gordon Brown [official website] denied that there was any cover-up [press release] of a deal between the UK and Libya for Megrahi's release, reiterating that it was a Scottish decision.

Last week, MacAskill defended his decision to release the terminally ill Megrahi to Libya after strong opposition [JURIST reports] from US government officials. In November, the High Court denied [JURIST report] Megrahi's request to be released on bail during the appeals process. Lawyers for Megrahi, a former Libyan intelligence officer, were denied access in March 2008 to a "missing document," that they had sought [JURIST reports] in appealing his conviction. The Scottish Criminal Cases Review Commission (SCCRC) [official website] granted an appeal [JURIST report] in Megrahi's case in June 2007 and referred it the High Court after the commission identified six grounds [press release, PDF] for a possible "miscarriage of justice" in his trial and conviction. In 2003, Libya made its final compensation payment [JURIST report] to a US fund for victims' families in November 2008 after agreeing to accept responsibility for the 1988 airline bombing that killed all 259 on board [victims website], including 180 Americans.

[JURIST] The Federal Court of Australia [official website] ruled [judgment text] Wednesday that former Serbian paramilitary commander Dragan Vasiljkovic [Trial Watch backgrounder] may appeal his extradition to Croatia, finding a real chance of prejudice if the extradition were carried out. Vasiljkovic, also known as Daniel Snedden, is accused of war crimes in connection with his treatment of Croatian prisoners during the 1991-1995 war of independence [GlobalSecurity backgrounder]. According to the court, Vasiljkovic's political beliefs were the main reason behind the decision to allow the appeal:

The mitigating factor, however, operates by reference to "political beliefs". The appellant's political beliefs concern what he describes in his Statement as "the self determination of Serbian people in the Balkans in those areas where they constitute a majority", in particular in the Krajina ... The appellant's political belief is "that the Krajina Serbs have a right to return to their homeland and are entitled to an independent state". He played a significant role as a military commander in the military conflict in the former Yugoslavia that began at Knin in June 1991, particularly the battle for Glina. The extradition request refers in express terms to the armed conflict in Knin between the armed forces of the Republic of Croatia and the armed aggressor's Serbian paramilitary troops of the anti-constitutional entity the "Republic of Krajina" in which the appellant was a commander. It follows that the mitigating factor is applied by reason of a person's political belief.

[JURIST] The Commonwealth of Nations [official website] on Tuesday suspended [press release] the island nation of Fiji [JURIST news archive] from its organization because it failed to meet the September 1 deadline for reinstating a constitutional democracy and opening a national dialogue following its December 2006 military coup [JURIST report]. Commonwealth Secretary-General Kamalesh Sharma [official profile] said that a letter received from Fiji's military leader Commodore Josaia Voreqe "Frank" Bainimarama [BBC profile; JURIST news archive] did not meet the conditions set out by the Commonwealth Ministerial Action Group (CMAG) in July, which called for Fiji's military government to bring back the President’s Political Dialogue Forum (PPDF) process in order to hold independent elections by 2010. Fiji's acting Prime Minister Ratu Epeli Ganilau responded that it was not possible [AP report] to meet the Commonwealth's deadline because of the extent of political reform in the country, and that elections would be held in 2014. Many critics have decried the current regime for human rights abuses, including Australian Foreign Minister Stephen Smith [official profile] who released a statement [text] Wednesday saying that the planned elections in 2014 are "unacceptable," and that "Australia continues to be very concerned about human rights abuses by the regime, particularly the reduced independence of the judiciary, media censorship, intimidation of opponents, and the recent harassment of Methodist Church leaders."

This is not the country's first suspension from an international organization following the 2006 coup. In May, Pacific Islands Forum [official website] suspended [press release; JURIST report] Fiji's membership in the 16-nation bloc after Fiji's military government failed to meet a May 1 deadline to schedule elections. That suspension followed April events in which Fijian President Ratu Josefa Iloilo [official profile] suspended the constitution [JURIST report] and revoked the appointment of all judicial officers after a ruling [JURIST report] from the Fiji Court of Appeal declaring the appointment of the military government following the 2006 coup unconstitutional. Niue Premier and Forum Chairman Toke Talagi [official profile] said that the suspension stemmed from Fiji's rejection of democratic governance and obligations under the Forum's Biketawa Declaration [text, PDF], adding that a "regime which displays such a total disregard for basic human rights, democracy and freedom has no place in the Pacific Islands Forum."

[JURIST] The UN Food and Agriculture Organization (FAO) [official website] announced [press release] Tuesday that a group of 91 countries have reached an agreement on the final text of the first ever treaty [text, PDF] to combat illegal fishing. The Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IUU) Fishing aims to prevent illegally caught fish from entering international markets. Under the terms of the treaty, foreign vessels will need special docking permission, countries will conduct regular inspections, and information sharing networks must be created. FAO Assistant-Director General for Fisheries and Aquaculture Ichiro Nomura said:

By frustrating responsible management, IUU fishing damages the productivity of fisheries — or leads to their collapse. That's a serious problem for the people who depend on them for food and income. This treaty represents a real, palpable advance in the ongoing effort to stamp it out.

[JURIST] Lawyers for the US Department of Justice (DOJ) [official website] on Monday filed a motion to dismiss [text, PDF] a lawsuit [complaint, PDF] brought by a former State Department [official website] official seeking diplomatic immunity against Italian charges of helping to unlawfully kidnap a suspected terrorist. Sabrina De Sousa is one of 26 Americans and seven Italians on trial in Italy [JURIST news archive] for the 2003 abduction of Egyptian cleric Osama Moustafa Hassan Nasr, also known as Abu Omar. De Sousa is on trial in absentia and filed suit [NYT report] in May asking the government to invoke diplomatic immunity on her behalf, as it has neither invoked nor waived diplomatic immunity for those on trial. The government moved to dismiss her case [AP report] Monday, arguing that the courts lack the power to intervene in a matter of foreign policy that should be left to the executive branch:

By this action, Plaintiff Sabrina De Sousa seeks to have this Court direct the United States Department of State to assert immunity on her behalf in a foreign judicial proceeding. To do so, however, would require this Court to subject to judicial review the exercise of a discretionary right that has consistently been viewed under U.S. and international law as belonging to the state, and thereby strip the Executive Branch of the discretion that all governments enjoy with respect to the assertion or waiver of immunity consistent with the needs of the state. Doing so would inject the Court into matters of foreign policy, international diplomacy, and treaty practice which are not the province of the judiciary. Such matters, which are "delicate, complex, and involve large elements of prophecy," are "wholly confided by our Constitution to the political departments of the government, Executive and Legislative" and "are decisions of a kind for which the Judiciary has neither aptitude, facilities nor responsibility and have long been held to belong in the domain of political power not subject to judicial intrusion or inquiry."

[JURIST] The Taipei District Court [official site, in Chinese] sentenced former Taiwanese first lady Wu Shu-Chen to one year in prison for obstructing justice in a corruption case against her. Wu Shu-Chen, wife of embattled former president Chen Shui-bian [JURIST news archive], was found guilty of instructing her children on how to respond to investigators. Though initially sentenced to two years in prison, Wu's sentence was reduced due to her confession [Taiwan News report]. Her son, daughter, and son-in-law have also been sentenced to six months each in jail for saying that they had taken money out of a government fund for gifts for their parents, when in fact the money had been used for personal purposes. Wu's case is also entangled with the allegations against her husband, who is on trial for embezzlement and bribe-taking. A verdict for him, as well as further verdicts for Wu, are expected on September 11 [JURIST report].

Wu pleaded guilty to money-laundering charges [JURIST report] in February. In addition to the former first couple, prosecutors have indicted their son and daughter-in-law, three former presidential aides, and eight other associates and family members. Also in February, Chen's sister-in-law pleaded guilty [JURIST report] to charges that she had forged documents and transferred money to bank accounts upon orders from Chen and Wu. Chen has been detained since his arrest in November, and in January Taiwan's High Court rejected his appeal of the decision to detain him [JURIST reports] while he awaits trial, citing him as a flight risk.

[JURIST] A Guatemalan paramilitary was convicted and sentenced to 150 years in prison for the enforced disappearance of six indigenous persons during the Guatemalan civil war [GlobalSecurity backgrounder]. The trial of Felipe Cusanero, which began [JURIST report] in 2008, was the first time a defendant was tried for enforced disappearance in Guatemala. The trial, conducted at the Criminal Court of First Instance in the city of Chimaltenango, was followed closely [Prensa Libre report, in Spanish] by families of the disappeared persons, the local community, and foreign diplomats. Although Cusanero is suspected of having forced the disappearances of more than six people, testimony in the trial came from six families who lost a member between the years of 1982 and 1984. At the time, Cusanero functioned as a military commissioner in the rural locality, in charge of reporting on potential leftist movements and recruiting for the military forces. Human rights activists and foreign diplomats have expressed hope [AFP report, in Spanish] that this case opens the possibility of prosecuting those responsible at higher levels for enforced disappearances and killings during the Guatemalan armed conflict.

Of an estimated 45,000 disappeared persons and 200,000 casualties during the 36-year civil war, 83 percent were indigenous Guatemalans, according to the findings of a UN-backed truth commission report [text]. The Guatemalan armed conflict ended with peace accord negotiations [NACLA report] in 1996 that included an amnesty law covering war crimes that was decried as conducive to impunity by human rights organizations. The UN Office of the High Commissioner for Human Rights commemorated [press release; JURIST report] the International Day of the Disappeared Monday, calling on states to eliminate enforced disappearances and ratify the International Convention for the Protection of all Persons from Enforced Disappearance [text, PDF]. The International Convention has been signed [JURIST report] by at least 57 countries but has not been ratified by the required 20 to take effect. It has not been endorsed by several countries including the US, England, Spain, Germany, and Italy.

[JURIST] A Finnish court on Tuesday began the trial of former Rwandan pastor Francois Bazaramba, accused of involvement in the 1994 Rwandan genocide [HRW backgrounder]. Bazaramba has denied charges of involvement in the genocide as well as the 15 counts of murder against him. On Tuesday, he petitioned [YLE report] to disqualify the trial judge for statements made to the press on Monday that Bazaramba alleges demonstrate the judge's bias. His motion was denied. The trial is the first time a genocide case has been heard in Finland. The Finnish Penal Code [text, PDF] provides that Finland must bring charges against an offender whose extradition has not been granted if the offense is punishable by more than six months of imprisonment. The Finnish government denied the Rwandan extradition request [press release] for Bazaramba in February, citing the possibility that Rwandan authorities would be unable to ensure a fair trial. Bazaramba was charged [JURIST report] in June and is being tried under universal jurisdiction [AI backgrounder]. Amnesty International [advocacy website] called the trial an "important step against impunity" [press release], but has abstained from taking a position on the charges against Bazaramba. The trial will hear from witnesses in Kigali and then resume in Porvoo, Finland. If convicted, Bazaramba could face a life sentence.

In July, Sweden became the first European Union (EU) nation to grant an extradition request [JURIST report] by the Rwandan government. Sylvere Ahorugeze [Trial Watch backgrounder], a Tutu who headed the Rwanda Civil Aviation Authority [official website] during Rwanda's civil war, has appealed to the European Court on Human Rights [official website], which has granted a stay on the extradition pending review of his case. A Rwandan Hutu was the first to be convicted [JURIST report] under Canada's new Crimes Against Humanity and War Crimes Act [text, PDF] in May. In March, UN Secretary-General Ban Ki-Moon pledged his ongoing support [JURIST report] for the International Criminal Tribunal for Rwanda (ICTR) [official website] and stressed that the international community must continue to combat genocide. The ICTR was established to try genocide suspects for crimes occurring during the 1994 Rwandan conflict between Hutus and Tutsis in which approximately 800,000 people, primarily Tutsis, died.