The 2005 Ethiopian elections were also marred by allegations of fraud, which led to violent demonstrations [JURIST reports]. The NEB ordered new elections [JURIST report] in 20 districts after an investigation into the fraud allegations found evidence of abuse at more than 100 polling stations. Several Ethiopian opposition members were convicted and sentenced for their roles in the protests, although many asked for and eventually received pardons [JURIST reports]. Human Rights Watch (HRW) [advocacy website] has chided the Ethiopian government for rights abuses in both elections. Following Tuesday's election, HRW reported on the intimidation tactics [press release] used by the EPRDF in the days preceding the election.

Many jurisdictions continue to consider legislation banning the burqa. Last month, Australian state lawmakers voted to end debate [JURIST report] on a bill that would have banned the wearing of the burqa or other face veils in public. Also last month, the French Cabinet approved legislation [JURIST report] that would ban the wearing of the burqa or other face veils in public. The same week the French Cabinet voted, hearings began [CBC report] in Quebec's legislature on a bill introduced in March that would ban women from wearing full face veils from public services. Earlier last month, European Parliament [official website] Vice President Silvana Koch-Mehrin [official website, in German] expressed her support for a continent-wide burqa ban [JURIST report]. In April, the Belgian House of Representatives voted 136-0 to approve [JURIST report] a bill that would ban the burqa and other full face veils in public.

In March, the Berlin government, sought to introduce legislation [DK report, in German] in the Bundesrat [official website, in German] that would legalize same-sex marriage nationwide. In October, Germany's Constitutional Court [official website, in German] ruled that surviving partners in a registered civil partnership have a right to collect [JURIST report] under the occupational pension scheme for civil service employees. Last week, the Icelandic Althingi [official website, in Icelandic] unanimously passed legislation [JURIST report] legalizing same-sex marriage. In May, Portuguese President Anibal Cavaco Silva [official website, in Portuguese] signed a bill [JURIST report] that legalizes same-sex marriage but stops short of allowing same-sex couples to adopt. Same-sex marriage is also recognized in Belgium, the Netherlands, Spain, Sweden and Norway [JURIST reports], while several other countries, including the UK and France, recognize civil unions between same-sex partners. Same-sex marriage has also been recognized nationwide in Canada and South Africa, and in jurisdictions in Mexico and the US [JURIST reports].

Serbia opposes Kosovo's independence and has asked the International Court of Justice (ICJ) [official website] to render an advisory opinion [JURIST report] on the secession's legality. Oral arguments [JURIST report] on the advisory opinion began in December. The advisory proceedings will include arguments from 29 additional countries, including the five member-states of the UN Security Council [official website], debating whether Kosovo's unilaterally proclaimed secession complied with international law. Serbia argues that UN Resolution 1244 [text, PDF], which ended the war in Kosovo, solidified the country's boundaries, which included the southern region of Kosovo. Kosovo argues that the resolution was not meant to exclude the opportunity for secession. While Serbia is backed by the majority of UN countries, including Russia, Kosovo has the support of the US and most EU countries. The outcome of these proceedings is nonbinding but will be closely watched by countries with large breakaway regions. The reintegration of Kosovo is an unlikely outcome, but Serbian President Boris Tadic believes that these proceedings create a platform for a discussion on the overlying issue of fragmentation [BBC backgrounder] in the Balkans. The ICJ is expected to reveal its non-binding opinion in July.

The international community is supporting actions taken against maritime piracy. In April, the UN Security Council approved a resolution [JURIST report] calling on member states to criminalize piracy under their domestic laws and urging Secretary-General Ban Ki-moon [official website] to consider an international tribunal for prosecuting piracy. The Security Council resolution came the same week the UN announced that a trust fund established to combat piracy will be funding five projects [UN News Centre report] aimed at piracy committed in the waters around Somalia. The US is also involved in the prosecution of pirates. In May, nine Somali men accused of piracy and other charges by federal prosecutors pleaded not guilty [JURIST report] at their arraignment. Trials for the accused pirates are scheduled for July but may be delayed until September.

I am deeply patriotic. I never want to believe anything bad about our country. I never want to call into question the behavior of our soldiers and our Army who I believe to be the finest in the world. And I have seen for myself the very difficult and dangerous circumstances in which we ask our soldiers to serve. But the conclusions of this report are absolutely clear. There is no doubt. There is nothing equivocal. There are no ambiguities. What happened on Bloody Sunday was both unjustified and unjustifiable. It was wrong. ... Some members of our Armed Forces acted wrongly. The Government is ultimately responsible for the conduct of the Armed Forces. And for that, on behalf of the Government - and indeed our country - I am deeply sorry.

The Bloody Sunday inquiry is the longest and most expensive public investigation in British legal history. The government deposed more than 900 witnesses [JURIST report] in 432 days of testimony and took more than 1,500 written statements. The soldiers held responsible for the killings attempted to take action against the inquiry in 2004, arguing against the use of any standard below the criminal standard of proof because of the potential consequences facing them. Inquiry Chairman Lord Saville of Newdigate determined that the tribunal would not use a criminal standard of proof [JURIST report] to find if a soldier shot anyone without justification because the tribunal was merely investigating the circumstances surrounding the deaths and issuing a report. The investigation came to fruition after the Irish government in 1997 produced new evidence that cast doubts on the conduct of the original tribunal established at the time of the incident, which labeled the victims as bombers and gunmen.

In March, the Turkish government indicted the 33 defendants [JURIST report] on charges of attempting to overthrow the government and establish military rule. Earlier that week, Turkish police detained 20 people [JURIST report] in connection with the Ergenekon plot. Turkish prosecutors recently charged [JURIST report] an army general and a state prosecutor with belonging to Ergenekon and plotting to overthrow the AKP. In February, more than 40 military officers were arrested and charged in a separate coup attempt [JURIST report], the so-called Sledgehammer plot [Al Jazeera backgrounder], to provoke a military confrontation with Greece and take advantage of the ensuing chaos. The Ergenekon investigation has been criticized as an attempt by the AKP to silence the opposition and impose Islamic principles [JURIST report] on secular Turkey. Trials against the Ergenekon group started [JURIST report] two years ago and nearly 200 people have been charged in connection with it. The prosecution of military officials comes amid a larger effort by the AKP to reform the Turkish legal system as a step toward EU accession [materials; CFR backgrounder]. Last month, Turkey's opposition Republican People's Party [party website, in Turkish] filed suit [JURIST report] in the country's Constitutional Court [official website, in Turkish] in an effort to halt proposed constitutional amendments that would reform the judiciary allowing military and government officials to be tried in civilian court.

The protests came to an end [JURIST report] last month when red shirt leaders surrendered to police, which led to rioting, arson and the imposition of a curfew to protect citizens of Bangkok and its surrounding areas. The red shirts are supporters of ousted prime minister Thaksin Shinawatra [BBC profile; JURIST news archive], who was removed from power in 2006 [JURIST report]. The group was demanding that Prime Minister Abhisit Vejjajiva [official website, in Thai] dissolve parliament and call new elections. Human Rights Watch (HRW) [advocacy website] has expressed concern about the treatment of anti-government protesters [JURIST report] detained as a result of the protests, criticizing the broad powers given to Thai security forces under the emergency decree. Abhisit has promised to conduct an independent investigation [JURIST report] into the clashes between security forces and red shirt protesters, which resulted in more than 80 deaths.

Earlier last month, Wako published the country's draft constitution [JURIST report], which proposes more balance of power in the government. President Mwai Kibaki and Prime Minister Raila Odinga [official profiles] supported the proposed constitution [Daily Nation report] and have urged citizens to approve it in the public referendum. The draft includes several significant checks on presidential authority, including a requirement that presidential appointees face parliamentary confirmation and the removal of presidential appointment of judges. Members of Parliament receiving Cabinet positions will also have to relinquish their legislative seats. The changes are intended to address issues that led to violence following the 2007 presidential elections [JURIST news archive] where tens of thousands of protesters took to Kenya's streets accusing Kibaki of election fraud after early opinion polls suggested rival Odinga was in the lead.

Several nations and international organizations have been working together to apprehend those responsible for the atrocities that occurred during the Kosovo war. Last month, EU police officers arrested a suspected war criminal in Kosovo [JURIST report]. Sabit Geci is accused of being a former member of the Kosovo Liberation Army (KLA) [GlobalSecurity backgrounder; JURIST news archive], which allegedly tortured prisoners at an Albanian prison during the war. The EU has stationed thousands of officials in Kosovo to conduct war crimes investigations and protect the justice system. In April, Council of Europe Commissioner on Human Rights Thomas Hammarberg [official profile] criticized an agreement [JURIST report] reached between Germany and Kosovo that would return to Kosovo thousands of refugees who fled to Germany during the Kosovo war. Hammarberg worried that Kosovo does not yet have the infrastructure to care for the returning refugees or to protect them from ethnically motivated violence. Also last month, Swedish police arrested a Serbian man [JURIST report] suspected of committing war crimes in the Kosovo village of Cuska during the war. In March, a spokesperson for Serbia's Office of the War Crimes Prosecutor [official website] announced the arrest of nine individuals [JURIST report] suspected of being members of the Serbian paramilitary group Sakali and accused of the systematic murders of 41 ethnic Albanians in May 1999.

The US military continues to investigate civilian deaths in both the Iraq and Afghanistan wars [JURIST news archives]. In May, the US Department of Defense (DOD) [official website] announced an investigation [JURIST report] into allegations that a "small number" of soldiers are responsible for the unlawful deaths of three civilians in Afghanistan. In addition to Hutchins' original conviction, six Marines pleaded guilty [JURIST report] to charges related to their roles in the Hamdania incident, which involved Awad being removed from his residence and killed, then arranged with a shovel and firearm to appear as if he were planting an improvised explosive device.

On Sunday, Otunbayeva issued shoot to kill orders [JURIST report] to the nation's military after the reservists were activated and sent to quell the ethnic conflict that has been primarily focused in the southern cities of Osh and Jalal'abad. The lull in violence seen Tuesday is partly attributed to this action, but it has also faced criticism from Pillay [press release], who stated that "the right to life and the right not to be tortured cannot be set aside during an emergency." The reserves were activated after the Russian government refused a request by the interim government to send peacekeeping troops, a request that was withdrawn Tuesday. Additionally on Sunday, Otunbayeva declared a state of emergency in the south and established a curfew [DW report] for Osh and the surrounding areas. UN Secretary-General Ban Ki-moon [official website] expressed his concern [BBC report] over the violence on Sunday, stating that he would coordinate relief efforts with the government of Kazakhstan and the EU. On Sunday, an estimated 80,000 ethnic Uzbeks sought to cross the border into neighboring Uzbekistan, where the Uzbek government had been hastily establishing refugee camps before finally closing the border [CNN report] Tuesday. The violence is thought to be linked to the overthrow of Bakiyev, who was ousted from power in April [JURIST report]. Bakiyev's main support base was in southern Kyrgyzstan, whereas ethnic Uzbeks have been more likely to support the interim government.

The Iranian government arrested hundreds in a crackdown on anti-government activity in the wake of protests over the re-election of Ahmadinejad last June, drawing criticism from international human rights groups and advocacy organizations. A Tehran Revolutionary Court [official website, in Persian] in April sentenced [JURIST report] three prominent progressive activists to six years in prison in connection with protests. The men were high-ranking officials of the Islamic Iran Participation Front [party website, in Farsi], a pro-democracy reformist political party that supported opposition leader Mousavi in the disputed election. 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. Earlier this month, Iranian Supreme Leader Ayatollah Ali Khamenei [official website; BBC profile] pardoned or commuted the sentences of 81 protesters [JURIST report] arrested following the disputed election. The pardons were made upon the request of the head of the Supreme Judicial System of Iran [GlobaLex backgrounder], Ayatollah Sadeq Larijani [official website, in Farsi], who described the pardoned protesters as repentant.

[JURIST] The Inter-American Commission on Human Rights (IACHR) [official website] on Monday sent a letter to the Venezuelan government expressing their concern over the increasing threat to freedom of expression [press release] in the country. The IACHR cited three recent cases that caused them particular concern. In the first case, a journalist was sentenced to over three years in prison and fined USD $18,000 for "defamation of a public official" after he wrote a newspaper column indicating that several members the local mayor's family were working on municipal construction projects. IACHR also cited a warrant that was issued last week for the arrest of Guillermo Zuloaga, one of the owners of Globovision [media website, in Spanish], the only remaining opposition news organization in Venezuela. Zuloaga has been the frequent target of threats from public officials, and the arrest warrant was issued a week after Venezuelan President Hugo Chavez [BBC backgrounder; JURIST news archive] criticized the judiciary and questioned why Zuloaga was still free. IACHR also expressed concern over the continuing attacks on the headquarters of the media company Cadena Capriles [media website, in Spanish]. Various media outlets belonging to Cadena Capriles, as well as individual employees, have been criticized by public officials and referred to as "media terrorists," "destabilizers" and "coup conspirators." In addition to the verbal threats, physical violence against the media outlets has been increasing. IACHR cited inadequate separation between the judicial and executive branches as the primary cause for the decreasing freedom of expression, stating:

[S]paces for public debate on Venezuelan government authorities are constantly becoming smaller, given the use of instruments like the criminal law to silence critical expression and dissent. In this sense, it is extremely worrying that a journalist would be convicted for the crime of "disrespecting a public official" for publishing an article denouncing a possible act of corruption; or that the criminal law can be used as an indirect method of censoring the owner of one of the only media outlets in Venezuelan that is independent of the government. These facts are another demonstration of the consensus between executive branch and judicial branch authorities on the idea that it is legitimate to silence critics of the government using the criminal law

Venezuela has long been criticized for rights abuses, allegations that the Chavez government has repeatedly denied. In February, IACHR released a report [text; JURIST report] providing a detailed analysis on the state of human rights in Venezuela, which ultimately concluded that not all citizens are ensured full enjoyment of their basic human rights. The top Venezuelan human rights official criticized the report [JURIST report] and said that the report makes unfair characterizations and undermines Venezuelan democracy. Last year, the US Commission on International Religious Freedom (USCIRF) added Venezuela to its "watch list" [JURIST report] of countries that limit religious freedom. Also last year, the US State Department criticized Venezuela for press restrictions [JURIST report] in its Country Reports on Human Rights Practices. In 2008, Venezuelan officials ordered two senior Human Rights Watch (HRW) [advocacy website] staff to leave the country [JURIST report] after the group released a report concluding that democracy and human rights have suffered during the Chavez administration.

Last week, the Swiss National Council voted 104-76 to reject the treaty [JURIST report], opting to send it to a national referendum if they cannot reconcile their differences with the upper house of parliament. The tax conflict has already cost UBS USD 780 million in fines levied by the DOJ for its admitted assistance [BBC report] of US citizens in avoiding taxes. The agreement is currently before the parliament due to a court ruling in January, when the Swiss Federal Administrative Court [official website, in French] ruled [JURIST report] that an American taxpayer's financial information at UBS may not be disclosed to the IRS pursuant to the August 2009 agreement [JURIST report]. The agreement was found to conflict with a previous treaty, requiring the approval of parliament. Also in January, the Federal Administrative Court ruled [JURIST report] that the Swiss Financial Market Supervisory Authority [official website, in German] violated the law in February 2009 when it ordered UBS to disclose information to the US on more than 250 of the bank's clients without the authority to do so. In September, the US and Switzerland signed a treaty [JURIST report] that would increase the amount of information shared between the two nations on would-be tax evaders. The agreement came one month after a Swiss banker and lawyer were indicted in US federal court [JURIST report] for helping clients hide assets. In March 2009, the Swiss announced their intention to adopt a more stringent definition [JURIST report] of tax evasion and to work with other countries to investigate such claims.

Two main principles guided us in proposing the establishment of the commission. First is maintaining IDF soldiers' freedom of action and the credibility of the IDF investigation. ... The second principle that guided us is providing a credible and convincing response to the responsible countries in the international community about the events, especially in the context of international law. I am convinced that the Commission's uncovering of the facts will prove that the goals and actions of the State of Israel and the IDF were appropriate defensive actions in accordance with the highest international standards.

The commission will investigate the events that took place in the early hours of May 31, when Israeli forces raided six ships attempting to deliver more than 10,000 tons of aid to the Palestinian territory of Gaza and produce a published report of its conclusions The raid left numerous wounded and resulted in the shooting deaths of nine pro-Palestine activists - eight Turks and one American. Last week, UN Secretary-General Ban Ki-moon [official website] reiterated the importance of an international component [JURIST report] in the investigation into the raid. Ban's original proposal to establish an investigatory panel comprised of representatives from Israel, Turkey, and other unnamed countries, was rejected by Israeli officials [JURIST report]. Israeli officials have insisted that Israel has the ability and the right to resolve matters through an internal investigation and does not require international oversight. Also last week, the IDF launched an internal investigation [JURIST report] into the flotilla attack. The investigatory unit will study the outcomes of the incident, "establish lessons," and present its findings by July 4. Netanyahu and the nation's seven senior ministers also decided to establish a panel of jurists [Haaretz report] to investigate the attack. The panel's inquiry will be independent from the IDF investigation. The Turkish flotilla on which the violence occurred was one of six organized by the Free Gaza Movement [advocacy website] to carry protesters and humanitarian supplies to the isolated Palestinian enclave. The Gaza naval blockade began in 2007 after Hamas forcibly expelled their chief rival, Fatah [CFR backgrounders] from Gaza.

The US Conference of Mayors is a nonpartisan organization that represents thousands of US cities [press release, PDF] with populations of at least 30,000. The controversial Arizona bill, which was signed into law [JURIST report] in April by Governor Jan Brewer (R) [official website], will go into effect on July 29. Proponents of the law argue that it will discourage illegal immigration, while opponents contend it will lead to discriminatory police practices based on race. Last month, the American Civil Liberties Union (ACLU) [advocacy website] filed a lawsuit [JURIST report] seeking an injunction against implementation of the law. That lawsuit joined two others filed in April [JURIST report] questioning the constitutionality of the law. Last month, a group of UN human rights experts indicated the measure may violate international standards [JURIST report] that are binding on the US.