[JURIST] Spanish Judge Santiago Pedraz on Tuesday ordered the release of accused Somali pirate Abdou Willy to the Spanish Juvenile Court. Pedraz ordered the release after medical examinations could not determine his age [El Pais report, in Spanish] to be over 18. Willy and one other man were charged [indictment, in Spanish, PDF; JURIST report] last week with multiple counts of kidnapping and armed assault for allegedly helping take over the Alakrana, a Spanish ship currently under the control of Somali Pirates. The results of the age test are contrary to other reports [El Pais report, in Spanish] that Willy was 19 years old and subject to jurisdiction under the National Court. Spanish officials have claimed jurisdiction over the case because Spanish citizens are involved and because the two were arrested outside of the area in which the European Union has agreed [JURIST report] to turn captured pirates over to Kenya. The pirates in control of the Alakrana have said that they would not relinquish control [El Pais report] of the ship until the two accused pirates are released.

A study released in July found that acts of piracy doubled [JURIST report] in the first six months of this year from the same period in 2008. In April, a US Coast Guard chief called for the enforcement of international piracy laws [JURIST report], citing the importance of entering Somali waters to combat the problem. Last October, the UN Security Council unanimously approved Resolution 1838 [text, PDF; press release], condemning all acts of piracy and armed robbery off the coast of Somalia, and calling on states to "deploy naval vessels and military aircraft to actively fight piracy on the high seas off the coast of Somalia." Although maritime piracy is increasingly widespread, Somalia's coast has been ranked as the most dangerous in the world [BBC report] due to a surge in attacks on ships carrying traded goods or humanitarian aid [NPR report].

[JURIST] Colombian prosecutor Luis Gonzalez said Monday that at least 27,384 civilians disappeared between 1988 and 2002, with nearly 75 percent of them allegedly kidnapped by illegal right-wing militias. The government's judicial Justice and Peace Office [official website, in Spanish] compiled the list after a three-year investigation of forced disappearances that included testimonies of the relatives of the missing persons. Under the 2005 Justice and Peace law [AI backgrounder, JURIST report], more than 25,000 militants have demobilized, confessed to murders, and led officials to the graves of 2,300 Colombians. Despite having collected medical and dental records during the investigation, Gonzalez said it is still unclear [Caracol Radio report, in Spanish] how many bodies have been recovered.

The controversial Justice and Peace law has been criticized [JURIST report] for giving lesser punishments to paramilitary leaders who voluntarily disarm. Last year, Colombian President Alvaro Uribe [official profile, in Spanish] urged [JURIST report] Revolutionary Armed Forces of Colombia (FARC) [CFR backgrounder] guerrillas to abandon arms and release political hostages, promising those who respond to the call a reward and freedom. A recent UN fact-finding mission in Colombia uncovered [JURIST report] evidence of ongoing and widespread human rights violations. Paramilitaries have been fighting the Colombian armed conflict [BBC backgrounder] since the 1960s.

[JURIST] The trial of Rwandan genocide suspect Jean-Baptiste Gatete [Trial Watch profile; case materials] began [press release] Tuesday with opening statements from the prosecution and defense before the International Criminal Tribunal for Rwanda (ICTR) [official website]. Gatete, the former Mayor of Murambi Commune in Byumba prefecture, is charged [indictment, PDF] with six counts of genocide including complicity in genocide, conspiracy to commit genocide, and crimes against humanity. As leader of the Interahamwe, a Hutu paramilitary group, Gatete is thought to be responsible for the massacre of 6,000 Tutsis who had taken refuge in Kiziguro and Mukarange Churches, as well as ordering the widespread rape of women in the parishes. Gatete was arrested [UN News Centre report] in the Republic of Congo in September 2002 and was transferred by Congolese authorities to the United Nations detention facility in Arusha, Tanzania.

In accordance with the completion strategy [text, PDF] of the ICTR, the prosecution requested to transfer Gatete to the national jurisdiction of Rwanda, but the request was denied in November 2008. The ICTR has received criticism for its refusal to transfer cases to Rwanda. Rwandan Prosecutor General Martin Ngoga addressed [press release] the UN Security Council [official website] in June stating that the ICTR's decision not to transfer pending cases to Rwandan jurisdiction, including Gatete, undermines his country's judicial reforms and hinders national reconciliation. Emphasizing that Rwanda has continued to cooperate with the tribunal, Ngoga expressed the country's desire to have the cases transferred to Rwandan jurisdiction at the completion of the ICTR's mandate in 2010, a plan discussed [JURIST report] by UN Deputy Secretary for Legal Affairs Pamela O'Brien [official profile] in March.

[JURIST] The US Supreme Court [official website; JURIST news archive] on Tuesday granted certiorari [orders list, PDF] in two cases. In Kiyemba v. Obama [docket; cert. petition, PDF], the court will consider whether a group of 13 Uighur Guantanamo Bay [JURIST news archive] detainees can be released into the US. In February, a panel of the US Court of Appeals for the District of Columbia Circuit [official website] reversed [opinion, PDF; JURIST report] an October 2008 district court order [opinion and order, PDF; JURIST report] that would have provided for their release. The DC Circuit found that admission of aliens into the US was a decision for either the executive or legislative branch, and no statutory or constitutional right was being denied to the detainees. Last month, US Solicitor General Elena Kagan told the Supreme Court that the US plans to transfer [JURIST report] up to eight of the remaining 13 Uighur detainees to Palau and that six have already agreed to the transfer. According to the letter, the government of Palau is willing to accept 12 of the 13 Uighurs still at Guantanamo. Four Uighur detainees were transferred to Bermuda [JURIST report] in June.

The court also agreed to hear the consolidated cases of Kawasaki Kisen Kaisha v. Regal-Beloit Corp. [docket; cert. petition, PDF] and Union Pacific Railroad Co. v. Regal-Beloit Corp [docket; cert. petition, PDF]. The court will consider whether the Carmack Amendment to the Interstate Commerce Act of 1887 [49 USC § 11706] applies to the inland rail transportation of goods in the US that originate out of the country when the shipment involved an extension of the Carriage of Good by Sea Act (COGSA) [46 USC § 30701]. The US Court of Appeals for the Ninth Circuit [official website] found [opinion, PDF] that the district court did not consider whether the parties had properly opted out of the Carmack Act, without which the COGSA does not apply.

[JURIST] The Uruguayan Supreme Court [official website, in Spanish] on Monday found unconstitutional the country’s Expiry Law, which granted amnesty to military officials accused of human rights violations during the country's 1973-1985 dictatorship. The court's ruling applies only to the case of Nibia Sabalsagaray, allegedly murdered by the military in 1974, but the law is also subject to a voter referendum scheduled for Sunday. Ruling that the law violated separation of powers and constitutional sovereignty [El Pais report, in Spanish], it is likely to influence future decisions in the event that it is not overturned by voters.

The law, adopted in 1986 and upheld by referendum in 1989, requires judges to consult executive officials to determine its applicability when hearing cases involving human rights violations. In 2005, Argentina's Supreme Court struck down similar amnesty laws [JURIST report] adopted in the 1980s to protect potential defendants, prompting the government to reopen hundreds of human rights cases.

[JURIST] The US District Court for the Southern District of Ohio [official website] on Thursday issued a stay of execution for Ohio death row inmate Kenneth Biros, as the state continues to review its lethal injection procedures. Biros is the fourth Ohio death inmate to be granted a stay of execution since the failed attempt to execute Romell Broom [JURIST report] in September 2009. Along with Broom, the executions Darryl Durr and Lawrence Reynolds have also been postponed [JURIST report]. Biros was convicted of a 1991 murder and attempted rape and was scheduled to be executed on December 8.

In July, Ohio conducted the 1000th execution [JURIST report] by lethal injection in the US since the death penalty was reinstated in the 1976 case Gregg v. Georgia [opinion text]. In June, Ohio first used its new lethal injection method [JURIST report], called "set-to-die." The procedure requires officials to shake and call out to the prisoner after a sedative has been administered, and a second dose can then be given, if necessary. A de facto national moratorium [JURIST report] on the death penalty ended last year when the US Supreme Court ruled in Baze v. Rees [JURIST report] that the three-drug lethal injection sequence [DPIC backgrounder] used in most states does not violate the Constitution.

[JURIST] The Iraqi Parliament [official website, in Arabic] delayed a vote Monday that would have updated the controversial provincial election law [JURIST report] it passed in September 2008. The proposed election law changes, which include ballots that list candidates rather than closed lists of parties, particularly affects the city of Kirkuk [GlobalSecurity backgrounder] and is designed to make the election process more transparent. The elections are scheduled for January 16 of next year, and are an important milestone in the US plan for withdrawal. Full US military withdrawal is scheduled to be completed before December 31, 2010, according to the US-Iraq Status of Force Agreement (SOFA) [text, PDF]. US President Barack Obama on Tuesday encouraged [AFP report] Iraqi Prime Minister Nuri al-Maliki to make sure that parliament passes the proposed changes, reiterating the US promise to meet the deadline for troop withdrawal.

Disputes over voting procedures in Kirkuk caused the Iraqi Parliament to fail multiple times in its attempts at amendment. Kirkuk is inhabited by Arabs, Turkmen, and Kurds, and has been a point of contention between the ethnic groups. Kirkuk also consistently produces nearly one million barrels of oil per day, which accounts for almost half of Iraqi exports. Although the parliament was eventually able to pass the previous election law in September 2008, it failed to come to an agreement [JURIST report] before the summer recess which began in August. Kurdish lawmakers had previously staged a walkout [JURIST report] during the debate in July.

[JURIST] The constitutional branch of the Supreme Court of Nicaragua [official website, in Spanish] on Monday struck down a constitutional provision that bans presidential candidates from running for two consecutive terms. Under Article 147 of the Nicaraguan Constitution [text, in Spanish], a president can serve a maximum of two terms in office, but the terms cannot be consecutive. Monday's decision will allow President Daniel Ortega [official website, in Spanish], who took office in 2007, to run for reelection in 2011. The court's decision followed a petition made by Ortega and a group of mayors. Opposition leaders have called the move illegal [La Prensa report, in Spanish] because a change in the constitution would have required approval by two-thirds of the national assembly, where Ortega does not have a majority. The six judges on the Supreme Court panel are also regarded as supporters [El Nuevo Diario report, in Spanish] of Ortega's Sandinista party. The decision will also benefit mayors and other elected municipal officers. The ruling must be ratified by a majority of the 16 Supreme Court justices before it can take effect.

Several Latin American countries have recently dealt with the controversial issue of extending presidential term limits. Last month, the Colombian House of Representatives voted to approve [JURIST report] a bill [text, PPS, in Spanish] to hold a referendum on whether President Alvaro Uribe [BBC profile] can run for a third presidential term. In March, then-president of Honduras Manuel Zelaya [BBC profile] proposed [JURIST report] a government poll that would determine whether voters would be receptive to referendum establishing constitutional reform, in which extension of presidential term limits were suspected to be on the agenda. Zelaya was later removed from office [JURIST reports] following a judicial order [La Prensa report, in Spanish] issued by the Honduran Supreme Court after he tried to carry out a nationwide referendum on constitutional reform, despite the Supreme Court ruling against it. In recent years, Chavez in Venezuela and Ecuadorian President Rafael Correa [JURIST reports] have succeeded in passing constitutional reforms extending presidential terms and enhancing presidential powers.

[JURIST] US Supreme Court [official website] Justice Anthony Kennedy [official profile, PDF] issued a temporary order [text, PDF] Monday prohibiting the publication of the names of those who signed a Washington state petition to overturn a state law giving same-sex partners the same rights as married partners. Kennedy's order, which reversed an order [text, PDF] issued last week by the US Court of Appeals for the Ninth Circuit [official website], prohibits the publication of signers' names until the Court orders otherwise. The petition, which gathered enough signatures to be placed on this fall's ballot, puts to a statewide vote a bill [text, PDF; JURIST report] passed in April by the legislature giving domestic partners the same legal rights and benefits as married partners. Protect Marriage Washington [advocacy website], which started the petition, worries that if the names are released, those who signed the petition risk persecution [AP report] from advocates of gay rights and that making their names public would stifle their First Amendment rights. Opponents of the petition argue that the public has a right to know who is behind the referendum. The state of Washington filed a response [text, PDF] Monday afternoon in favor of releasing the names.

In January 2006, Washington Governor Chris Gregoire signed [JURIST report] into law a gay civil rights act [HB 2661 text, PDF] that expanded the Washington Civil Rights Act to protect gays and lesbians from discrimination in housing, lending, and employment. That law made Washington the seventeenth state in the nation to have an anti-discrimination law that covered sexual orientation. In April 2007, Gregoire signed domestic partnership legislation [text, PDF; JURIST report] that guaranteed gay and lesbian couples some of the legal rights that previously were afforded only to husband and wife including hospital visitation rights, inheritance rights, and the ability to authorize medical decisions for their partner. The April law is seen by some as completing the grant of rights that the previous legislation had begun.

2:00 PM ET - The Court upheld [order, PDF] Kennedy's temporary order, blocking the release of the signatories' names. The order will remain in effect until the Court decides whether to grant certiorari in the case. Justice John Paul Stevens was the sole dissenter.

10/22/09 - The Ninth Circuit issued an explanatory opinion [text, PDF] in support of its previous order.

[JURIST] Galleon Group [partnership website] hedge fund founder Raj Rajaratnam [Financial Times profile] denied any wrongdoing Sunday, promising to fight charges brought against him in one of the US government's largest insider trading cases to date. Rajaratnam was arrested Friday and charged [complaint, PDF; press release] along with five other individuals and two business entities with insider trading. The complaint alleges that the individuals, including a managing director at Intel Corp., a director at McKinsey & Co., and a senior executive at IBM [corporate websites] who were charged with Rajaratnam, provided Galleon Group and another hedge fund with material nonpublic information about several corporations upon which the funds traded, generating $25 million in illicit gain. Also on Sunday, the government of Sri Lanka accused Rajaratnam of helping fund [Financial Times report] the Tigers of Tamil Eelam (LTTE) [JURIST news archive], a group designated as a terrorist organizations by several countries including the US. Although records show that Rajaratnam contributed money to the Tamil Rehabilitation Organization, a charity that the US claimed was a front for the LTTE, Rajaratnam denies funding the LTTE and has not been charged with funding the LTTE.

In July, the US Securities and Exchange Commission (SEC) [official website] promised to increase oversight [JURIST report] and enforcement of securities laws to better protect investors. The policy reforms come in the wake of recent fraud litigation. In June, financier Bernard Madoff [JURIST news archive] was sentenced to 150 years in prison [JURIST report] on securities fraud charges [complaint, PDF; JURIST report] stemming from his multi-billion dollar Ponzi scheme. Billionaire financier Allen Stanford [BBC report] pleaded not guilty [JURIST report] in June to 21 charges [indictment, PDF; JURIST report] of fraud, conspiracy and obstruction related to a $7 billion fraud scheme. Former HealthSouth CEO Richard Scrushy [defense website; JURIST news archive] was ordered [JURIST report] to pay $2.88 billion to shareholders after being found guilty of fraud for inflating company profits, insider trading and other charges.

[JURIST] Afghanistan President Hamid Karzai [BBC profile, JURIST news archive] on Tuesday agreed to a runoff election against challenger Abdullah Abdullah [BBC profile] after the UN-backed Electoral Complaints Commission (ECC) [official website] announced [press release, PDF] Monday that it had invalidated [ECC materials] election results from 210 polling stations in Afghanistan's disputed August presidential elections [JURIST news archive]. The EEC found clear and convincing evidence of fraud and also ordered Afghanistan's Independent Election Commission (IEC) [official website] to invalidate a percentage of votes from both candidates based on the EEC's September 8 recount order [JURIST report]. Additionally, the EEC held that the results 18 polling stations, which had been under quarantine by the IEC, could be counted because it did not find clear and convincing evidence of voter fraud. According to an estimate by the US election monitoring group Democracy International [official website], the EEC order reduces [press release] Karzai's vote totals to 48.3 percent from 55 percent as previously reported [BBC report], forcing a runoff election because no candidate received at least 50 percent of the votes. The group also estimated the order will raise Abdullah's totals to 31.5 percent from 28 percent. The runoff election is set for November 7 [NYT report].

Last week, one of the two Afghans on the ECC resigned [JURIST report], citing "foreign interference." Maulavi Mustafa Barakzai's resignation raised doubt about the commission's work and generated allegations that the resignation was influenced by Karzai - allegations that have been refuted by Karzai's campaign. The ECC had released a statement [text, PDF] expressing its disappointment over Barakzai's resignation. According to Rule of Procedure 2.4 [text, PDF], the panel only needs a quorum of three people, including one Afghan in order to meet and issue rulings. In addition to the two Afghans on the panel, the five-member panel consists of one American, one Canadian, and one Dutch national.

[JURIST] The US Court of Appeals for the Fifth Circuit [official website] has ruled [opinion, PDF] that 14 victims of Hurricane Katrina [JURIST news archive] have standing to sue companies for allegedly contributing to global warming [JURIST news archive], which they claim played a role in increasing the severity of the hurricane. The court found Friday that the plaintiffs had presented enough evidence against the oil, coal, and chemical companies named in the complaint [text, PDF] to allow the class action lawsuit to proceed. The ruling reversed the decision of the US District Court for the Southern District of Mississippi [official website], which dismissed the case for lack of standing and on political question grounds. The appeals court wrote:

Here, the plaintiffs' complaint alleges that defendants' emissions caused the plaintiffs' property damage, which is redressable through monetary damages; for example, the plaintiffs allege that defendants' willful, unreasonable use of their property to emit greenhouse gasses constituted private nuisance under Mississippi law because it inflicted injury on the plaintiffs' land by causing both land loss due to sea level rise and property damage due to Hurricane Katrina.