[JURIST] The US Department of Justice (DOJ) [official website] announced [press release] Monday that three Guantanamo Bay [JURIST news archive] detainees have been transferred to Slovakia. Slovakia announced [JURIST report] last week that it would accept the detainees, in what was widely seen as an endorsement of US president Barack Obama's foreign policy. The DOJ made this statement about the transfer:

The identities of these three individuals are being withheld at the request of the Government of Slovakia for security and privacy reasons. The United States is grateful to the Government of Slovakia for its willingness to support US efforts to close the Guantanamo Bay detention facility.

[JURIST] Iraqi officials on Monday executed [press release, in Arabic] Ali Hassan al-Majid [BBC profile; JURIST news archive], better known as "Chemical Ali," for ordering the Kurdish village of Halabja gassed in 1988. Government spokesperson Ali al-Dabbagh stated that al-Majid had committed crimes of mass murder and premeditated bodily harm against the Iraqi population. Al-Majid was convicted [JURIST report] earlier this month of ordering the gassing and sentenced to death. The gassing, which killed 5,000 Kurds, was part of the wider Anfal campaign [JURIST news archive] against Kurds in Iraq during the Saddam Hussein regime, and is considered one of the worst attacks on the ethnic minority.

Al-Majid had received three prior death sentences. In March, al-Majid received his third death sentence [JURIST report] for his role in the 1999 killings of protesters who rioted in Baghdad and Amarah following the alleged assassination of Shiite cleric Grand Ayatollah Mohammed Sadiq al-Sadr. In December 2008, the Tribunal sentenced al-Majid to death [JURIST report] for his involvement in the repression of Shiites in southern Iraq during the Saddam regime. Al-Majid was also sentenced to death for another killing of Kurdish Iraqis using chemical weapons during the Anfal campaign.

[JURIST] The French parliament [official website, in French] will likely limit a proposal to ban the burqa [JURIST news archive] and niqab, full face veils worn by some devout Muslim women, to public buildings only, according to Monday reports. A parliamentary panel charged with examining the issue is set to report its recommendations [Daily Mail report] on Tuesday, and they are unlikely to press for a complete ban. The potential French "burqa ban" [BBC report] has received widespread support from the government, including from President Nicolas Sarkozy [official website, in French]. Any legislation will probably not be voted on until after the French regional elections in March. There is still ongoing debate as to what the proposal should include and whether the ban would violate the European Convention on Human Rights [text, PDF].

The parliamentary panel [JURIST report] was created by the National Assembly in July. The panel has heard testimony from anthropologist Dounia Bouzar [video, in French; TIME profile], who suggested that a broad ban on covering one's face to conceal identity is preferable to a law that singles out Muslims. Bouzar said that the recent popularity of the burqa amongst French Muslims was due to religious "gurus" who have misconstrued the teachings of Islam. The commission also heard from University of Nice [academic website, in French] philosopher Abdennour Bidar [video, in French], who urged the commission to find a way to prevent the spread of the practice, though he was unsure whether this goal is best accomplished through legislation. The issue of imposing a full veil ban came to the forefront after a niqab-wearing woman's citizenship application was denied [JURIST report] in 2008 for failing to assimilate to French culture.

[JURIST] An Indian court on Monday rejected a request by suspected Mumbai terror attack [BBC Backgrounder; JURIST news archive] gunman Mohammad Ajmal Amir Kasab [NDTV profile] to be tried in an international court. Kasab claimed he would not receive a fair trial in India and that police had falsely accused him of taking part in the 2008 terror attacks. Special Court Judge ML Tahaliyani denied [Times of India report] Kasab's request, calling it "premature." Kasab also requested that he be allowed to examine defense witnesses, including passport officers and government staff, from Pakistan and that he be allowed to meet with Pakistani officials. Tahaliyani told Kasab he should file a petition [AP report] through his lawyer. Kasab is facing 86 charges, including murder, for his role in the attacks and, if convicted, could receive the death penalty [JURIST report]. A verdict in the trial is expected sometime early this year.

Last month, Kasab withdrew his confession [JURIST report], claiming he was tortured and framed by police. Kasab originally pleaded not guilty last year, but interrupted his trial to confess and change his plea to guilty [JURIST reports] in July. Tahaliyani continued the trial [JURIST report] despite Kasab's confession, ruling that it was incomplete but should be entered into the record. Kasab claimed that he is not the man [Times of India report] seen in a photograph holding an assault rifle in the train station. Kasab testified that he had been arrested by police days before the attacks for being Pakistani and that police shot him to make it look like he had been injured during the attacks. He also claimed to have met David Headley, the Chicago man charged [JURIST report] in connection with the attacks, but only after the attacks when Headley allegedly came to question Kasab in the company of three FBI agents.

[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday declined to hear [order list, PDF] an appeal brought by former Panamanian military leader Manuel Noriega [BBC backgrounder, JURIST news archive] challenging a lower court ruling denying his habeas corpus petition and authorizing his extradition to France on money laundering charges. Noriega, who has been declared a prisoner of war, sought to enforce a provision of the Geneva Convention [ICRC backgrounder] that requires repatriation at the end of confinement. In an April decision [JURIST report], the US Court of Appeals for the Eleventh Circuit found that his claim was precluded by § 5 of the Military Commission Act of 2006 [text, PDF], which the Government argued "codifie[d] the principle that the Geneva Conventions [a]re not judicially enforceable by private parties." Justices Clarence Thomas and Antonin Scalia dissented from the denial of certiorari, arguing that the Court should use the opportunity to resolve confusion over its decision in Boumediene v. Bush [opinion, PDF; JURIST report] granting federal courts the power to review habeas petitions brought by "enemy combatants."

It is incumbent upon us to provide what guidance we can on these issues now. Whatever conclusion we reach, our opinion will help the political branches and the courts discharge their responsibilities over detainee cases, and will spare detainees and the Government years of unnecessary litigation.

[JURIST] Zimbabwe’s high court Monday struck out evidence from a key witness in the trial of Zimbabwe Movement for Democratic Change (MDC) [party website] party treasurer and deputy agriculture minister-nominee Roy Bennett [BBC profile; JURIST news archive]. Peter Michael Hitschmann was called as the attorney general’s main witness against Bennett, but alleged in court that security officials tortured him while in custody to obtain statements against Bennett. The State sought to use the confessions and additional e-mail correspondence as evidence to impeach Hitschmann [MDC press release] for inconsistent statements. Judge Chinembiri Bhunu ruled that the statements made by Hitschmann were not freely made, invalid, and could not be used as evidence as they were not signed by Hitschmann.

Bennett's trial began in November after being delayed [JURIST reports] in October to allow counsel more time to develop a defense. Bennett's defense lawyer, Beatrice Mtetwa, asked the court to prohibit evidence obtained from Hitschmann. Bennett faces charges [CNN report] under Zimbabwe's Public Order and Security Act [materials] for unlawfully possessing weapons and provoking others "to commit terrorism, banditry and sabotage." The weapons charges involve a possible death sentence. Bennett was originally arrested on weapons charges in February, and was later released [JURIST reports] on bail in March. Bennett was then re-arrested [Reuters report] on the same charges in October, only to be released on bail again. Bennett was originally sought for questioning [JURIST report] in relation to similar allegations in 2006, but he had been seeking asylum in South Africa until recently [IOL report]. Treason charges against him were dropped [Times report] in favor of the terrorism and other charges. Zimbabwe Prime Minister Morgan Tsvangirai had nominated Bennett to be deputy agriculture minister.

[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday ruled [opinion, PDF] 5-3 in Hemi Group, LLC v. City of New York [Cornell LII backgrounder; JURIST report] that the city government lacks standing under the Racketeer Influenced and Corrupt Organizations Act (RICO) [text] to bring a suit against Hemi Group, which operates websites offering cigarettes for sale "tax-free." The US Court of Appeals for the Second Circuit ruled [opinion, PDF] that the city of New York had standing to bring the RICO suit. In reversing the lower court, Chief Justice John Roberts wrote:

It bears remembering what this case is about. It is about the RICO liability of a company for lost taxes it had no obligation to collect, remit, or pay, which harmed a party to whom it owed no duty. It is about imposing such liability to substitute for or complement a governing body's uncertain ability or desire to collect taxes directly from those who owe them. And it is about the fact that the liability comes with treble damages and attorney's fees attached. This Court has interpreted RICO broadly, consistent with its terms, but we have also held that its reach is limited by the "requirement of a direct causal connection" between the predicate wrong and the harm. The City's injuries here were not caused directly by the alleged fraud, and thus were not caused "by reason of" it. The City, therefore, has no RICO claim.

We vacate the judgment of the Supreme Court of Virginia and remand the case for further proceedings not inconsistent with the opinion in Melendez-Diaz v. Massachusetts

[JURIST] Guatemalan authorities have issued an arrest warrant for former president Alfonso Portillo [CIDOB profile, in Spanish], after the US government requested his extradition on Sunday to face charges of money laundering [indictment; press release, PDF]. Portillo, who was president of Guatemala from 2000 to 2004, has been charged [El Periodico report, in Spanish] in the US District Court for the Southern District of New York [official website] on information provided by former members of Portillo's government. Portillo is accused [BBC report] of taking $15.8 million from funds designated for the Guatemalan Ministry of Defense and siphoning it into bank accounts in Europe and Bermuda. More than 100 officers of the National Civil Police, members of the army, and officers of the International Commission Against Impunity in Guatemala [official website] were dispatched to apprehend Portillo, carrying out four raids throughout the country, but Portillo has evaded capture.

In 2008, Portillo was extradited [JURIST report] back to Guatemala from Mexico, where he had fled after his immunity expired along with his term in office. The extradition order was first signed [JURIST report] in 2006, but Portillo challenged it in court, until the Mexican Supreme Court [official website, in Spanish] ruled against him in January 2008. Numerous members of Portillo's cabinet have been arrested and tried on fraud charges during his time in exile.

1/26/10 - Portillo has been captured in Guatemala and is being transported to that country's capital.

[JURIST] A Myanmar government official has said that pro-democracy leader Aung San Suu Kyi [BBC profile; JURIST news archive] will be released from house arrest in November when her sentence is scheduled to end. Witnesses reported [Reuters report] that Home Minister Major General Maung Oo [official website] made the statement Thursday during a speech to several hundred local officials in the town of Kyaukpadaung. The government of Myanmar is planning to hold the country's first elections since 1990 sometime this year, although a date has not yet been set, and Suu Kyi's supporters see the statement as an indication [AP report] that she will not be permitted to participate in the elections. Maung Oo's statement came just days after the Myanmar Supreme Court heard Suu Kyi's appeal contesting an 18-month extension to her house arrest [JURIST reports] that was imposed by a lower court in August. The court is expected to issue a ruling [CNN report] in the case within a month.

The extension of Suu Kyi's house arrest stems from an August conviction for violating state security laws by allowing American John Yettaw to stay in her home after he swam across a lake to get there. 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 was initially sentenced to three years in prison with hard labor, but her sentence was immediately commuted by junta chief General Than Shwe. 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 as a political move to prevent her from running in the upcoming elections. Her conviction has given rise to international sanctions [JURIST report] against Myanmar's junta and members of the judiciary.