[JURIST] The Supreme Court of Pakistan [official website] on Thursday released a detailed judgment [text, PDF] to accompany a July declaration [judgment, PDF; JURIST report] that former president Pervez Musharraf [official profile; JURIST news archive] violated the Constitution of Pakistan [text] when he declared emergency rule [proclamation, PDF] in November 2007. The court found in July that Musharraf's removal [JURIST report] of many members of the country's judiciary, including current Chief Justice Iftikhar Mohammed Chaudhry [official profile; JURIST news archive], and subsequent appointment of Abdul Hameed Dogar [JURIST news archive] as chief justice was unconstitutional and, as a result, judges appointed in consultation with Dogar were removed from office. Thursday's judgment declared Musharraf's actions illegal, calling him a usurper:

After the acts of 3rd November, 2007 General Pervez Musharraf was as much a usurper as was General Agha Muhammad Yahya Khan after the imposition of martial law in 1969. Therefore, as stated by Yaqub Ali Khan, J., in Asma Jilani's case, at the first available opportunity, on the ouster of the usurper, his actions should be nullified and he would be liable to be tried for high treason and punished.

[JURIST] The European Court of Human Rights (ECHR) [official website] ruled Thursday that Russia intefered with the freedom of religion [judgment text] by refusing to register two Scientology groups as "religious organizations." Russian authorities had rejected attempts by Scientologist branches in Surgut and Nizhnekamsk to register because they did not meet the Article 8 requirement of Russia's Religious Act [text] that religious organizations exist for 15 years before they are recognized. The ECHR found that Russian authorities had previously dissolved the groups when they were registered in an non-religious capacity and rejected a subsequent non-religious registration on the grounds that their activities were "religious in nature." Although noting that "[it] is clearly not the Court's task to decide in abstracto whether or not a body of beliefs and related practices may be considered a 'religion'" within the meaning of Article 9 of the European Convention on Human Rights [text], the court concluded that Russia's prior acts showed that it considered Scientology to be "religious in nature," and therefore protected under the Convention. The court rejected Russia's argument that allowing the groups to proceed as "religious groups" without legal identity was an acceptable substitute for recognition:

[A] religious group without legal personality cannot possess or exercise the rights associated with legal-entity status, such as the rights to own or rent property, to maintain bank accounts, to hire employees, and to ensure judicial protection of the community, its members and its assets. The Court, however, has consistently maintained the view that these rights are essential for exercising the right to manifest one's religion.

[JURIST] Irish voters went to the polls for a second time Friday to vote on the European Union (EU) reform treaty, also known as the Lisbon Treaty [EU materials; text]. Irish voters previously rejected the treaty, and Ireland agreed in June to hold a second referendum [JURIST reports] after EU leaders agreed to certain concessions [presidency conclusions, PDF], including legal guarantees that the treaty would not affect taxation, abortion, or military neutrality laws. Polling stations were to remain open for 15 hours, and results are expected [Irish Times report] Saturday evening. Voter turnout appears to have increased [Dow Jones report] over last year's vote.

Last week, German President Horst Koehler [official website, in German] signed [JURIST report] the Lisbon Treaty, completing the country's problematic ratification process, but efforts to ratify [JURIST news archive] the treaty in all of the 27 member countries have met some obstacles. Although the treaty has now been approved in 24 countries, Ireland's rejection of the treaty last year led Czech President Vaclav Klaus [official website] to refuse to sign the measure, despite approval [JURIST report] by the Czech Senate [official website]. In July 2008, Polish President Lech Kaczynski [official website] also refused to sign [JURIST report] the treaty despite parliamentary approval, calling it "pointless" in light of the Irish rejection.

[JURIST] The US House of Representatives [official website] on Wednesday voted 258-163 [roll call] to approve a non-binding motion to instruct conferees [CSPAN backgrounder] to prohibit the transfer of Guantanamo Bay [JURIST news archive] detainees to the US for any reason, including prosecution and incarceration. The motion, introduced by Rep. Hal Rogers (R-KY) [official website], instructs House conference committee members to insist on the prohibition during negotiations with the Senate on the 2010 Appropriations Bill [text] for the Department of Homeland Security [official website]. Rogers said that the detainees "pose a serious and documented threat to our nation," and should not be transferred [debate text] to the US "whatever the reason":

[T]his motion prohibits the granting of any immigration benefit for any reason. Without such a benefit, there is no legal way to bring these terrorists to American soil and in our constituents' backyards. And, that means these terrorists cannot be granted the same constitutional rights as American citizens. After all, these detainees are enemy combatants, caught on the battlefield. They are NOT common criminals and they should not be granted legal standing in our criminal courts by bringing them onto U.S. soil.

[JURIST] A Myanmar court on Friday upheld a sentence of house arrest imposed on opposition pro-democracy advocate Aung San Suu Kyi [BBC profile; JURIST news archive]. Suu Kyi was convicted [JURIST report] in August of violating state security laws and sentenced to an additional 18 months of house arrest for allowing American John Yettaw to stay in her home after he swam across a lake to get there. Suu Kyi's lawyer and spokesperson for her National League for Democracy (NLD) [party website] Nyan Win said he was not surprised with the court's decision and that he plans to appeal [AFP report] to the high court. Suu Kyi was not present for the verdict.

Last month, the Divisional Court in Rangoon agreed to hear Suu Kyi's appeal, but denied her request to attend [JURIST reports] the hearing. Yettaw, who was sentenced to seven years in prison with four years of hard labor, was released [JURIST report] in August after negotiations with US Senator Jim Webb (D-VA). Suu Kyi has spent 14 of the last 20 years in detention, and her latest conviction has been condemned [BBC report] by many world leaders and has given rise to international sanctions [JURIST report] against Myanmar's junta and members of the judiciary.

[JURIST] Prominent Zimbabwean rights activist Jestina Mukoko [advocacy website; JURIST news archive] and eight others have sued the government for abduction, wrongful arrest, and torture, their lawyer said Thursday. The suit comes after Zimbabwe's Supreme Court on Monday dismissed charges [JURIST report] of conspiring against President Robert Mugabe [BBC backgrounder; JURIST news archive], an allegation that Mukoko has vehemently denied. Mukoko's lawyer said she and the other individuals were suing [BBC report] the police commissioner, a cabinet minister, and other police officers, alleging that they had been subjected to simulated drowning, locked in a freezer, and repeatedly beaten. Zimbabwe Lawyers for Human Rights (ZLHR) [advocacy website] director Irene Petras has called for the resignation [press release] of Attorney General Johannes Tomana. Tomana has dismissed the call [AP report], saying his police officers behaved lawfully and appropriately.

In May, Mukoko was released on bail, one day after a court forced her back into custody after ruling she had been improperly released [JURIST reports] in March. Mukoko was held without charges from December through March. Mukoko was hospitalized [Zimbabwe Times report] for the treatment of injuries sustained during her detention and remained under medical care after her release from police custody. While in prison, it was reported that Mukoko was forced to ingest poison [JURIST report], an allegation that sparked a world-wide protest against Zimbabwean police methods. During her detention, Mukoko was denied bail [JURIST report] by Zimbabwean lower courts, but another court ruled that Mukoko could appeal her detention [JURIST report] to the Supreme Court of Zimbabwe under the Zimbabwe Constitution [text, PDF].

[JURIST] An Argentine judge on Thursday charged [text, PDF, in Spanish] former president and current senator Carlos Menem [official profile; BBC profile] for allegedly covering up evidence related to the 1994 bombing of a Jewish community center in Buenos Aires. Menem, born in Argentina to Syrian immigrants, is accused of covering up the alleged involvement of Syrian-Argentine businessman Alberto Kanoore Edul. Judge Ariel Lijo also indicted Menem's brother Munir Menem, former intelligence chief Hugo Anzorregui, retired judge Juan Jose Galeano, former deputy secretary of intelligence Juan Carlos Anchezar, and former police commissioner Jorge Palacios and ordered a 300,000 peso freeze [Pagina 12 report, in Spanish] on their assets. Argentine prosecutors have alleged that the bombing, which killed 85 and injured more than 200, was planned by Iranian officials and carried out by Hezbollah [BBC backgrounder].

Argentine prosecutor Alberto Nisman filed a petition [JURIST report] for Menem's arrest in May 2008 in connection with the alleged cover-up. In 2006, Argentina sought the arrests [JURIST report] of high-ranking members of the Iranian government, including former Iranian President Akbar Hashemi Rafsanjani [official website, in Farsi], in connection with the bombing, but Interpol's Executive Committee [official website] denied the request and voted to issue arrest notices [press release; JURIST report] for only five Iranians and one Lebanese man. In response, Iranian prosecutors issued court summonses [JURIST report] for five Argentinians they accused of falsely implicating an Iranian group with planning the bombing. In 2004, an Argentine judge conducted an investigation [JURIST report] into the possible connection between Swiss bank accounts allegedly held by Menem and the bombing. Menem also faces separate charges of illegally trafficking arms [JURIST report] to Croatia and Ecuador.

[JURIST] Judge Tena Callahan of the 302nd Family District Court [official website] in Texas ruled Thursday that her Dallas family court has jurisdiction to hear the divorce proceedings of a Texas same-sex couple who were married in Massachusetts in 2006. In her ruling, Callahan also said that the Texas ban on same-sex marriage [JURIST news archive] violates the equal protection clause [Dallas Morning News report] of the US constitution. Texas does not recognize same-sex marriage, and an amendment to the state constitution banning same-sex marriage was approved by Texas voters in 2005 [JURIST report]. Texas Attorney General Greg Abbot [official website] indicated that he would immediately appeal the ruling [press release] in order to, "defend the traditional definition of marriage that was approved by Texas voters." Texas Governor Rick Perry echoed Abbot's statement and expressed confidence [press release] that the ruling would be overturned.

One of the most controversial issues in the US today, same-sex marriage has recently been considered again at the federal level. In mid-September, 90 members of the House of Representatives introduced a bill that would repeal the Defense of Marriage Act (DOMA) [JURIST report]. Signed into law in 1996, DOMA [legislative materials] amended the federal definition of marriage to mean, "a legal union between one man and one woman as husband and wife." In August, a federal judge in California dismissed a challenge [JURIST report] to DOMA, saying that the court lacked jurisdiction to hear the case. One week prior to that dismissal, the Department of Justice indicated it would continue to enforce DOMA [JURIST report], despite the administration's belief that the legislation is discriminatory. In June, New Hampshire became the sixth state to permit same-sex marriage [JURIST report].

[JURIST] US President Barack Obama on Thursday signed an executive order [text] making it illegal for federal employees or government contractors to use text messaging while driving. The order encompasses employee use of government owned or leased cars, as well as privately owned cars used for government business. The order also bans use of government-issued devices for texting while operating any motor vehicle. The order includes restrictions on the use of devices to send or read text messages, emails, or to check navigation data while on an active roadway, even if the user is stopped in traffic or at a traffic light. Currently, 18 states and the District of Columbia have bans [GHSA report] on using handheld devices to send or read messages while driving. Individual government agencies have 90 days to implement policy changes and must report to the Secretary of Transportation [official website].

The president signed this executive order one day after the National Highway Traffic Safety Administration [official website] released the results of a study [text, PDF] that reported 5,800 deaths and nearly 600,000 injuries in traffic accidents in 2008 where driver distraction was indicated on the police report. News of the order was generally met with approval, although Dave McCurdy, CEO of the Auto Alliance [advocacy website], an automobile industry advocacy group, cautioned [Huffington Post op-ed] that increasing restrictions on technology use in automobiles may cross a threshold and hinder more than help. McCurdy urged continued research into wireless automobile technology, saying, "We must address distracted driving, but we must do it without undercutting developing technologies that will help in making driving even safer."