[JURIST] A German court in Dusseldorf on Thursday convicted four Islamists of conspiracy to murder and belonging to a foreign terrorist group for plotting to destroy US facilities within Germany. The four men, members of the radical Islamic Jihad Union [NCTC backgrounder], were apprehended [NYT report] in September 2007 while developing a plan to use three car bombs and 250kg of explosives on US targets. The attacks were planned to coincide with a vote in parliament on whether Germany should extend its military presence in Afghanistan. Fritz Gelowicz and Daniel Schneider, both German-born converts to Islam, were sentenced [AP report] to 12 years in prison. The court also sentenced Adem Yilmaz, a Turkish citizen, to 11 years and Atilla Selek, a German citizen of Turkish origin, to five years. Although there are no formal pleas in German trials, all four mean submitted confessions in exchange for reduced sentencing.

The 2007 arrest led to several additions [JURIST report] to Germany's anti-terror laws, which were strengthened by Chancellor Angela Merkel's government following 9/11 [JURIST news archive]. Earlier this week, Germany's high court overturned an anti-terror law [JURIST report] that allowed German authorities access to phone and e-mail data. The data would be stored for six months to be used by police agencies in criminal investigations. The court held that the law was unconstitutional and violated the privacy rights of German citizens. Merkel's government has recently received criticism for the effect anti-terror laws are having on the citizen's privacy rights, claiming a better balance needs to be established between privacy and security.

[JURIST] The Supreme Court of Oklahoma [official website] ruled [order, PDF] Tuesday that a state law [SB 1878, DOC] imposing broad restrictions on abortion violates the state constitution. The law required women seeking an abortion to have an ultrasound within an hour of the procedure and contained sections on requirements for abortion clinic signs, the administration of an early-term abortion pill, and rules on lawsuits relating to abortions. The court held that the legislation "facially, patently, and obviously contained multiple subjects," and therefore violates the Oklahoma constitution [text], which requires legislation to be limited to one subject. The Oklahoma legislature is currently considering other bills [HB 2780, DOC] that separately contain much of same substance as the overturned law. The Center for Reproductive Rights [advocacy website], which brought the suit on behalf of a medical clinic, praised [press release] the court's decision, but expressed concern about the new bills being considered by the legislature.

The court's decision affirmed a lower court ruling [decision, PDF; JURIST report] issued last August. In February, Oklahoma state court judge Daniel Owens ruled [press release; JURIST report] that a different state law [HB 1595, PDF], making it illegal for a doctor to perform an abortion based on the gender of a fetus and requiring numerous reporting requirements, also violated the state constitution's single subject requirement.

[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Thursday criticized [text] the state of human rights in Sri Lanka, Iran, and several other countries, while presenting her annual report [press release] to the 13th Session [official website] of the Human Rights Council [official website]. Pillay described mistreatment of the government's critics as a threat to peace in Sri Lanka, and strongly encouraged a full investigation into accusations of rights violations during the country's civil war. Additionally, she condemned Iran for the "arbitrary arrest" of, and and "harsh sentences, including capital punishment" given to, individuals involved in protests following the 2009 presidential elections [JURIST news archive]. The report [text, PDF] details her office's response to numerous human rights situations and emphasized the critical role of cooperation with the council's initiatives.

Sri Lanka has faced numerous allegations of human rights violations originating from incidents that took place during the final months of the civil war by both the government and the rebel Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive]. In October, the US State Department [official website] released a report [text, PDF] on the conflict, urging [JURIST report] Sri Lankan officials to investigate reports of human rights abuses and war crimes and to prosecute those responsible. While the government of Sri Lanka rejected [statement] the findings of the report, President Mahinda Rajapaksa [official website] decided in October to appoint an independent committee [JURIST report] to investigate allegations of human rights violations. The Iranian government continues to prosecute its citizens for their alleged roles in protesting the 2009 presidential elections. In December, Amnesty International [advocacy website] labeled [JURIST report] human rights abuses committed by the Iranian government following the election among the worst of the past 20 years. Alleged human rights violations of detainees include sexual assault, beatings, and forced confessions [JURIST reports].

[JURIST] UK Prime Minister Gordon Brown [official profile] on Thursday proposed [Telegraph report] tighter restrictions on the use of politically motivated arrest warrants for foreign leaders accused of war crimes. Brown said that he would seek to make tougher "the evidential basis on which arrest warrants can be allowed" and to restrict the right to prosecute universal jurisdiction crimes to the Crown Prosecution Service (CPS) [official website]. Writing about the UK's policy of universal jurisdiction [AI backgrounder; JURIST news archive], Brown explained that he is seeking to introduce these changes because "there is now significant danger of such a provision being exploited by politically-motivated organisations or individuals." Brown wrote:

But by bringing the risk of arrest into closer alignment with the risk of prosecution, our system of universal jurisdiction can be stronger. For it would be clear that we only bring cases based on evidence of sufficient strength to convince the Director of Public Prosecutions that there is a credible case.

With this approach, I am confident that an amendment on better enforcement of existing legislation will serve to enhance Britain's status in the eyes of international law, world opinion and history.

[JURIST] A bill was introduced Wednesday to the US Senate [official website] that would allow gay soldiers to serve openly in the US military. Senator Joe Lieberman (I-CT) [official website] introduced the Military Readiness Enhancement Act of 2010 [text, PDF], which would repeal the military's "Don't Ask, Don't Tell" policy [10 USC § 654 text; JURIST news archive]. In a statement [press release] released Thursday, Senator Roland Burris (D-IL) [official website] hailed the proposed legislation:

For too long, gay and lesbian service members have been forced to conceal their sexual orientation in order to dutifully serve their country. With this bill, we will end this discriminatory policy that grossly undermines the strength of our fighting men and women at home and abroad. This legislation will ensure that all gay and lesbian soldiers, airmen, sailors and Marines can serve their country openly and proudly without the threat of prejudice or discharge.

[JURIST] The Canadian government of Conservative Party Prime Minister Stephen Harper pledged Wednesday to strengthen copyright laws [text]. Announcing government policy in the Speech from the Throne [official website] opening the third session of the Canada's fortieth Parliament, Canadian Governor General Michaelle Jean [official website] said that tightening intellectual property regulations was necessary to move the Canadian economy forward:

To fuel the ingenuity of Canada's best and brightest and bring innovative products to market, our Government will build on the unprecedented investments in Canada's Economic Action Plan by bolstering its Science and Technology Strategy. It will launch a digital economy strategy to drive the adoption of new technology across the economy. To encourage new ideas and protect the rights of Canadians whose research, development and artistic creativity contribute to Canada's prosperity, our Government will also strengthen laws governing intellectual property and copyright.

[JURIST] Guatemalan authorities have arrested two high-ranking police officials leading the country's war on drugs on charges of corruption and drug trafficking, Guatemalan Attorney General Amilcar Velasquez [official website, in Spanish] announced [audio, in Spanish] Tuesday. Police Chief Baltazar Gonzalez and anti-narcotics official Nelly Bonilla were arrested Tuesday in connection with a drug-related shoot-out [AP report] last year between drug traffickers and a gang of police accused of stealing large quantities of cocaine for profit. An 11-month investigation by the International Commission Against Impunity (CICIG) [official website, in Spanish] in collaboration with the prosecutor's office led to the arrests only a few days before US Secretary of State Hilary Clinton [official website] will visit the country to discuss the country's ongoing efforts to combat the drug trade [CNN report].

On Monday, the US State Department [official website] released its 2010 International Narcotics Control Strategy Report, which highlighted Guatemala as a key player in the Latin American drug trade [text, PDF]. One of the biggest problems in the country is the corruption among high-ranking officials. Previous police chief Porfirio Perez was arrested on similar drug charges [AP report] last year. In January, Guatemalan authorities issued an arrest warrant [JURIST report] for former president Alfonso Portillo [CIDOB profile, in Spanish], after the US government requested his extradition to face charges of money laundering. Portillo was extradited [JURIST report] in 2008 from Mexico to Guatemala, where he is accused of authorizing transfers of $15.8 million from the budget of the Guatemalan Ministry of Defense during his presidency from 2000 to 2004.

[JURIST] Women's rights and opportunities have increased in nearly all Middle Eastern and North African countries over the last five years, but women in those countries still face many obstacles in achieving equality, according to a Freedom House [advocacy website] report [materials] released Wednesday. The report found that in general, women in those countries had more opportunities for employment, education, and political participation than they did five years ago. Only the politically unstable countries or territories of Iraq, Yemen, and Palestine saw a decrease in their treatment of women, according to the report, whilehe greatest progress was made in the Persian Gulf countries, which were ranked as the worst violators of women's rights five years ago. Despite the progress, the report found that women in the region still have little recourse for domestic violence and face employment, education and politics. The report cautioned, "While it is possible to identify net gains or losses for women's rights in a given country, the situation is rarely as simple as that, and the course of events often reflects a great deal of contestation."

Last month, Saudi Arabia proposed a new law [JURIST report] that would allow female lawyers to practice in some areas. In October, Kuwait's Constitutional Court ruled that female lawmakers are not required [JURIST report] to wear the hijab [JURIST news archive], the traditional Islamic headscarf, and that women do not need permission [JURIST report] to get a passport. A 2008 Human Rights Watch [advocacy website] report found that female domestic and migrant workers faced frequent abuse [JURIST report] throughout Africa, Asia, and the Middle East.

[JURIST] Sri Lankan President Mahinda Rajapaksa [official website] announced [press release] Wednesday that the dissolved Sri Lankan Parliament [official website] will reconvene to ratify a one-month extension to the current state of emergency. Rajapaksa dissolved parliament [JURIST report] last month to prepare for April elections, but, under the Sri Lankan Constitution [text], the president's emergency powers can be extended for only one month at a time, and the extension must be approved by parliament within ten days of the president's declaration. Rajapaksa announced the extension of emergency powers [The Hindu report] on Tuesday, claiming that the Liberation Tigers of Tamil Elan (LTTE) [JURIST news archive] still pose a threat. Parliament is expected to reconvene [Al Jazeera report] next week.

Last month,the Sri Lanka Supreme Court rejected a petition [JURIST reports] to release opposition presidential candidate and former general Sarath Fonseka [BBC profile], who is being held over an alleged coup plot. It is believed that Rajapaksa called early parliamentary elections to harness momentum from the presidential election in January, in which he was re-elected, to gain more seats in parliament for his political party, Freedom Alliance. Earlier last month, 37 people, most of them military officers, were arrested in connection to an alleged assassination attempt against Rajapaksa. The Sri Lankan Supreme Court ruled last month that Rajapaksa's second term [JURIST report] will begin in November. The apparent victor in January's elections, Rajapaksa defeated Fonseka by an official margin of 18 points, winning re-election to a second term in office. Fonseka has disputed [Al Jazeera report] the results, saying violence and vote-counting irregularities invalidated the outcome.