[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [day call, PDF; merit briefs] Monday in two cases. In Christian Legal Society v. Martinez [oral arguments transcript, PDF; JURIST report], the court heard arguments on whether a state law school may deny recognition to a religious student organization where the group requires its officers and voting members to agree with its core religious beliefs, thereby excluding gay students. The US Court of Appeals for the Ninth Circuit ruled [opinion, PDF] in favor of the law school. Counsel for the petitioner argued that, "[a] public forum for speech must be open and inclusive, but participants in the forum are entitled to their own voice." Counsel for the respondents argued that all organizations must abide by the school's open membership policy. The justices appeared split along ideological lines, but much of their questioning focused on the facts of the case rather than the broader constitutional question.

In City of Ontario v. Quon [oral arguments transcript, PDF; JURIST report], the court heard arguments on whether a special weapons and tactics (SWAT) team member has a reasonable expectation of privacy in text messages sent to and from his SWAT pager, where the police department has an official no-privacy policy, but a non-policymaking lieutenant announced an informal policy of allowing some personal use of the pagers. The Ninth Circuit ruled [opinion, PDF] that the SWAT team member had a reasonable expectation of privacy and that a search of his text messages violated his Fourth Amendment [text] rights. Counsel for the petitioners argued that, "[u]nder the less restrictive constitutional standards applied when government acts as employer, as opposed to sovereign, there was no Fourth Amendment violation here." Counsel for the US argued as amicus curiae on behalf of the city. Counsel for the respondents argued that, "[t]he scope of the search was unreasonable." Several of the justices appeared to side with the government employer, with Justice Steven Breyer saying, "I don't see anything, quite honestly, unreasonable about [the search]."

[JURIST] Kyrgyzstan's provisional government on Monday announced a plan to institute democratic reforms, including a referendum on a new constitution. The plan seeks to move Kyrgyzstan toward a parliamentary republic [Reuters report] with increased checks and balances and a reduction in the constitutional scope of presidential power. In order to increase the perceived legitimacy of the process, the government has stated it will invite UN officials to join Kyrgyzstan's Central Election Committee. The pledge for reform follows an anti-government uprising [JURIST report] earlier this month that forced president Kurmanbek Bakiyev [BBC profile] from office and led to the formation of an interim government [JURIST report] headed by former foreign minister Roza Otunbayeva [Telegraph profile]. The interim government has taken a number of steps, including suspending the constitutional court [JURIST report] because of the court's perceived support for Bakiyev. It was also reported on Monday that Bakivey had fled Kazakhstan [AP report], where he had been hiding since his ouster.

On Sunday, the interim Kyrgyz government announced that Bakiyev will be tried [JURIST report] for killings that took place during the uprising. Last week, the Kyrgyzstan Prosecutor General's Office announced that Bakiyev's son faces charges [JURIST report] of abuse of power and misuse of state credit. UN Economic Commission for Europe (UNECE) [official website] Executive Director Jan Kubis [official profile] stated [press release] Friday that Kyrgyzstan needs international support in order to continue democratic reforms. UN officials have also pointed to concerns over human rights in Kyrgyzstan. Earlier this month, UN Secretary General Ban Ki-Moon [official profile] called on Kyrgyzstan [JURIST report] to show "tolerance for diversity and media freedom." Kyrgyzstan's recent problems mirror many of those addressed in 2005 when Bakiyev assumed power in the Tulip Revolution.

[JURIST] Toyota Motor Corporation [corporate website; JURIST news archive] on Monday accepted a record civil penalty of $16.375 million [press release] imposed by the National Highway Traffic Safety Administration (NHTSA) [official website] for a four-month delay in notifying the agency about a problem with "sticky" and "slow to return pedal" gas pedals in various car models. US Department of Transportation Secretary Ray LaHood [official profile] announced that Toyota has acknowledged responsibility for violating its legal obligations to report any defects promptly. The fine, the largest ever assessed against a car maker, is based on a preliminary review of extensive corporate documents attained through an investigation [press release] launched by the NHTSA in February. Toyota declined to appeal the fine, and, if further defect-related violations are discovered, the NHTSA may increase the penalty. NHTSA statutes [text, PDF] require that a vehicle manufacturer notify the NHTSA within five days of discovering a safety defect and launch a recall. The NHTSA has evidence that Toyota knew of the defect in late September, but notification and a recall were not launched until January.

Earlier this month, the US Judicial Panel on Multi-District Litigation (MDL) [official website] consolidated more than 150 pending lawsuits [JURIST report] against Toyota and transferred them to the US District Court for the Central District of California [official website] where Judge James Selna ordered [JURIST report] a May 13 pre-trial conference. In March, the NHTSA enlisted the help of the National Academy of Sciences (NAS) and NASA [official websites] to conduct a 15-month investigation into the sources of recent safety defects. The agency has faced a hearing [transcript, PDF] before the House of Representatives Committee on Energy and Commerce [official website] and strong criticism [FOXNews video] regarding the effectiveness of its recent investigations into car safety defects. Previously, the largest fine assessed by the NHTSA was of $1 million [CNN report] against General Motors for failing to conduct a timely recall in 2004. At the time, the NHTSA was also criticized [CCR report] for appearing to be lenient on the American vehicle manufacturer. Toyota has been under federal scrutiny [NHTSA materials] since December 2009, and has conducted three recalls.

[JURIST] Pakistan President Asif Ali Zardari [official website] on Monday signed into law [press release] the 18th Amendment bill [text, PDF], limiting presidential powers expanded under former military leader Pervez Musharraf [BBC profile; JURIST news archive]. Under the amendment, which effectively reduces the role of the president to a figurehead, the vast majority of the president's powers will be transferred [AFP report] to the office of the prime minister [official website]. The president will no longer have the power to appoint heads of the armed forces, dissolve the parliament or dismiss the prime minister. In addition, the president may only enact emergency rule after parliamentary approval. Both the National Assembly and the Senate unanimously passed [JURIST reports] the amendment bill earlier this month.

The introduction of the bill comes amid controversy over reopening corruption investigations against Zardari. Earlier this month, Pakistan's attorney general Anwar Mansoor announced his resignation over controversy surrounding a Supreme Court order to investigate corruption allegations [JURIST reports] against Zardari. Last month, Swiss authorities denied a request [JURIST report] from Pakistan's National Accountability Bureau [official website], refusing to reopen a corruption investigation against Zardari. Aides to Zardari believe that presidential immunity protects him from prosecution, even after the Supreme Court overturned an amnesty law [JURIST report] implemented by Musharraf. The amnesty was signed [JURIST report] by Musharraf as part of a power-sharing accord allowing former Pakistani prime minister Benazir Bhutto [BBC profile] to return to the country despite corruption charges [JURIST report] she had faced.

[JURIST] A Bangladeshi special court in the district of Sathkhira on Monday sentenced 56 members of the Bangladesh Rifles (BDR) [official website] on charges relating to their involvement in last year's border guard mutiny [BBC backgrounder; JURIST news archive] that left 74 dead. Of the 60 charged [AP report] with taking up arms, firing, driving their army commanders out of offices and homes, and blocking a road during the 33-hour mutiny, 24 received the maximum seven-year sentence, and only four were acquitted. Civilian courts will hear the more serious charges [AFP report] faced by another 2,200 guards, such as murder, for which those found guilty may be subject to the death penalty. These were the fourth set of convictions relating to the mutiny, coming just one day after a special court in Feni convicted 57 BDR members [JURIST report] on similar charges.

The six special courts were established [Priyo report] shortly after the Bangladeshi Supreme Court [official website] recommended against [JURIST report] military court-martial trials for BDR members who took part in the mutiny. Dozens of BDR officers, including the force's commander, were killed and their bodies left in sewers and shallow graves during the mutiny, which was sparked by grievances over pay and conditions. President Zillur Rahman [official profile] asked for the court's opinion to determine whether the accused should be tried under the Army Act of 1952 [text] or whether they should face civilian trials. Prime Minister Sheikh Hasina [BBC profile] initially offered the mutineers amnesty as part of a deal negotiated to end the uprising, but the agreement was rescinded when the conduct of the mutineers was fully revealed.

[JURIST] The Iraqi Independent High Election Commission (IHEC) [official website] on Monday ordered a manual recount of Baghdad province ballots cast in the March 7 parliamentary elections [JURIST news archive], following fraud allegations. The election commissioner for the IHEC informed the public that the Baghdad recount would begin immediately [Al Jazeera report], citing manipulation in voting stations. The ruling State of Law [official website] coalition of Prime Minister Nouri al-Maliki [official website, in Arabic; BBC profile] alleged fraud [JURIST report] after a preliminary count showed the Iraqiya coalition of former prime minister Iyad Allawi [official website, in Arabic; Al Jazeera profile] held a slight lead. The results of the election are expected to have a significant role [AFP report] in the direction of the Iraqi government, as the two main factions strive for control.

Soon after the fraud allegations were first made last month, Iraqi election officials rejected [JURIST report] the allegations and calls for a recount. Previously, the commission dismissed allegations of election fraud [JURIST report] from a member of the European Parliament [official website]. The fraud allegations are the latest in a series of problems plaguing the elections. In February, an Iraqi appeals panel ruled [JURIST report] that 28 of the 500 candidates previously banned due to allegations of ties to Saddam Hussein's Baath Party [BBC backgrounder] could stand in the election. The initial ban was characterized by the Iraqi government as illegal, and was reversed [JURIST reports] when the panel acknowledged that it did not have to rule on all 500 candidates at once.

[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Monday encouraged the six Gulf Cooperation Council (GCC) [official website, in Arabic; GlobalSecurity backgrounder] states to address continuing rights issues [press release], including women's rights, treatment of migrant workers, statelessness, and freedoms of expression, association, and assembly. In a speech at a university in Jeddah, Saudi Arabia, the first stop on a 10-day tour [press release] of Saudi Arabia, Qatar, Kuwait, Bahrain, the United Arab Emirates, and Oman, Pillay also noted "encouraging" progress in economic and social rights, children's rights, and human trafficking. Pillay was pleased with the cooperation of GCC states thus far with the Universal Periodic Review (UPR) [materials] process, reviewing the human rights records of all UN Member States every four years. Pillay additionally applauded the establishment of national human rights institutions (NHRIs) [official website] in Qatar and Saudi Arabia, and recently in Bahrain and Oman, noting their "growing effectiveness" in promoting human rights.

According to a Freedom House [advocacy website] report [JURIST report] released last month, women's rights and opportunities have increased the most in 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 still face many obstacles in achieving recourse for domestic violence and equality in employment, education, and politics. The annual rights report [JURIST report] released by the US State Department (DOS) [official website] last month, criticized Saudi Arabia for violence against women. In February, 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] The US Supreme Court [official website; JURIST news archive] on Monday granted certiorari [order list, PDF] in four cases. In Costco v. Omega [docket; cert. petition, PDF], the court will decide whether the first-sale doctrine [17 USC § 109(a)], which provides that the owner of any particular copy "lawfully made under this title" may resell that good without the authority of the copyright holder, applies to imported goods manufactured abroad. Swiss watchmaker Omega [corporate website] manufactures watches in Switzerland and then sells them to authorized distributors overseas. Watches were purchased by third parties and eventually sold to Costco [corporate website], which sold them to US consumers without authorization from Omega. The US Court of Appeals for the Ninth Circuit held [opinion, PDF] that the first-sale doctrine does not apply to imported goods.

In Staub v. Proctor Hospital [docket; cert. petition, PDF], the court will consider in what circumstances an employer may be held liable based on the unlawful intent of officials who caused or influenced but did not make the ultimate employment decision. Vincent Staub sued his former employer under the Uniformed Services Employment and Reemployment Rights Act (USERRA) [text] for wrongful termination. The US Court of Appeals for the Seventh Circuit ruled [opinion, PDF] that the unlawful intent of the officials who allegedly brought about Staub's dismissal could not be attributed to the employer.

In United States v. Tohono O'odham Nation [docket; cert. petition, PDF], the court will decide whether 28 USC § 1500 [text] deprives the Court of Federal Claims (CFC) [official website] of jurisdiction over a claim seeking monetary relief for the government's alleged violation of fiduciary obligations if the plaintiff has another suit pending in federal district court based on substantially the same operative facts, especially when the plaintiff seeks monetary relief or other overlapping relief in the two suits. 28 USC § 1500 provides that the CFC lacks jurisdiction over "any claim for or in respect to which the plaintiff has any suit or process against the United States" or its agents "pending in any other court." The Tohono O'odham Nation filed a complaint against the US in the US District Court for the District of Columbia, and, one day later, it filed a similar complaint against the US in the CFC. The US Court of Appeals for the Federal Circuit reversed [opinion, PDF] the CFC's dismissal of the case, concluding "that the Nation's complaint in the Court of Federal Claims seeks relief that is different from the relief sought in its earlier-filed district court action."

In Ransom v. MBNA [docket; cert. petition, PDF], the court will consider whether, in calculating the debtor's "projected disposable income" during the plan period, the bankruptcy court may allow an ownership cost deduction for vehicles only if the debtor is actually making payments on the vehicles. The Ninth Circuit ruled [opinion, PDF] that the bankruptcy court may not allow such deductions.

[JURIST] A Tehran Revolutionary Court [official website, in Persian; GlobaLex backgrounder] on Monday sentenced three prominent progressive activists to six years in prison in connection with protests following the controversial re-election of Iranian President Mahmoud Ahmadinejad [BBC profile; JURIST news archive] in June. According to the state-run Islamic Republic News Agency (IRNA) [official website, in Persian], Mohsen Mirdamadi, Mostafa Tajzadeh, and Davood Soleimani were convicted of spreading propaganda against the government. The men are high-ranking officials of the Islamic Iran Participation Front (IIPF) [party website], a pro-democracy reformist political party that supported opposition leader Mir Hossein Mousavi [BBC profile] in the disputed election. In addition to the jail time, the court also banned them from participation in political activity for 10 years.

The Iranian government has arrested hundreds in a crackdown on anti-government activity in the wake of protests over Ahmadenijad's re-election, drawing criticism from international human rights groups and advocacy organizations. Iranian authorities jailed prominent Iranian journalist Mohammad Nourizad and reform movement leader Hossein Marashi [JURIST reports] on similar charges in April and March, respectively. Also in March, an Iranian appeals court upheld [JURIST report] the death sentence of 20-year-old student Mohammad Amin Valian, who took part in anti-government protests in December. In February, the US and EU jointly issued a statement condemning [JURIST report] Iran's action against protesters and political dissenters.

[JURIST] Hundreds of Sunni men were detained without warrant and subjected to torture under authority of the military office of Iraqi Prime Minister Nouri al-Maliki [official profile, in Arabic; BBC profile], according to a Monday Los Angeles Times report [text]. More than 400 men were initially detained in October during sweeps of Nineveh province, an area in which al Qaeda in Iraq (AQI) [GlobalSecurity backgrounder] was active, and transferred to a Baghdad prison due to concerns over corruption in the provincial capitol of Mosul. According to Nineveh Governor Atheel al-Nujaifi, many of the men were not members of AQI and were detained without a warrant. Maliki maintains that the conditions of the prison were first revealed to him earlier this month, after Iraqi Human Rights Minister Wijdan Salim was allowed to inspect the facility. Salim's inspection teams found that all of the men had been kept in poor conditions and more than 100 of men had been subject to torture, including a former colonel under Saddam Hussein [JURIST news archive], who died in January as a result. Since the inspections, 75 of the men have been freed and 275 have been transferred to other prisons. Maliki said that he plans to close [UPI report] the prison and arrest the officers responsible for the mistreatment of prisoners. News of the secret prison comes at a sensitive time for Maliki as he tries to build a government following the March parliamentary election [CEIP backgrounder; JURIST news archive], in which his Shiite dominated State of Law [official website] coalition came in a close second [Majlis report] to the cross-sectarian Iraqiya headed by former-prime minister Iyad Allawi [official website, in Arabic; Al Jazeera profile].

Maliki created a special committee [JURIST report] in June to investigate alleged abuse and torture in the country's prisons. Comprised of eight members, the committee includes representatives from human rights and judicial government agencies and security ministries. The decision to create the panel came shortly after charges were brought [JURIST report] against 43 Iraqi police officers for human rights abuses, warrantless arrests, and bribery allegations. The violations were discovered by an investigatory committee formed by Iraqi Interior Minister Jawad al-Bolani [JURIST news archive]. Loyalists to Shiite cleric Muqtada al-Sadr [CFR profile] have pressured the Iraqi government over prison conditions that they claim include confessions elicited from torture and politically motivated false accusations. In August 2008, officials for Iraq's Human Rights Ministry said that they plan to prosecute those suspected of torturing inmates [JURIST report] of the country's prison system. In November 2005, US troops found 173 prisoners [JURIST report], many abused, in a secret bunker run by the Interior Ministry. Earlier that year, then-UN secretary-general Kofi Annan [official profile] said that Iraq's detention practices may violate international law and expressed concern [JURIST report] over the failure of Coalition forces to publish the results of their investigation into the torture allegations.

[JURIST] Human Rights Watch (HRW) [advocacy website] on Monday criticized [report text] the violent and repressive conditions in southern Somalia that have been implemented by the Islamist group al-Shabaab [CFR backgrounder]. HRW interviewed more than 70 victims and witnesses, concluding that while some areas of the country under al-Shabaab rule are more stable when compared to areas under control of the Transitional Federal Government (TFG) [official website], that stability comes at a steep price. The report details the use of harsh punishments including beatings, amputations, and executions without due process for the victims. Women have been particularly affected by al-Shabaab rule and the implementation of harsh measures in the name of Sharia law [CFR backgrounder; JURIST news archive]. According to the report:

Freedoms women took for granted in traditional Somali culture have been dramatically rolled back. In many areas, women have been barred from engaging in any activity that leads them to mix with men—even small-scale commercial enterprises that many of them depend on for a living. Al-Shabaab authorities have arrested, threatened, or whipped countless women for trying to support their families by selling cups of tea. [sic] In many areas, al-Shabaab officials require women to wear a particularly heavy type of abaya, a traditional form of Islamic dress that covers everything but the face, hands, and feet. Women who fail to do so are often arrested, publicly flogged, or both.