In 2008, Ugandan police arrested Mwenda and two other journalists [JURIST report] as part of a sedition investigation. The journalists worked on two articles published in the Independent [media website] that were critical of the Ugandan military. Mwenda's arrest occurred after he was released on bail in August 2005, following his plea of not guilty to charges of sedition. Mwenda was charged after criticizing the Ugandan government concerning the death of Sudanese Vice-President John Garang. Mwenda alleged that Ugandan President Yoweri Museveni [official profile], a close friend of Garang's, was responsible for his death through sheer incompetence. Museveni had lent Garang the aircraft he was flying in when the crash occurred [JURIST report].

An extremely worrying trend has developed where the Yemeni authorities, under pressure from the USA and others to fight al-Qa'ida, and Saudi Arabia to deal with the [Zaidi], have been citing national security as a pretext to deal with opposition and stifle all criticism. All measures taken in the name of countering terrorism or other security challenges in Yemen must have at its heart the protection of human rights. The Yemeni authorities have a duty to ensure public safety and to bring to justice those engaged in attacks that deliberately target members of the public, but when doing so they must abide by international law. Enforced disappearances, torture and other ill-treatment, and extrajudicial executions are never permissible, and the Yemeni authorities must immediately cease these violations.

In 2008, Human Rights Watch (HRW) [advocacy website] accused Yemeni security officials of unlawfully and arbitrarily detaining hundreds of individuals [JURIST report] as part of its campaign against the Zaidi rebels since 2004. The report found that government security forces sometimes unlawfully arrested individuals who have committed no crime to pressure a wanted family member to surrender, silence journalists, or to put pressure on human rights activists. HRW urged the Yemeni government to establish an independent commission with full authority to investigate the alleged disappearances and unlawful arrests, and prosecute officials and members of security forces involved in the illegal acts. The Yemeni government has been fighting the Zaidi rebels since 2004, the movement seeks to revive the influence of Zaidi Hashemites imams, which had been previously heavily involved in government in northern Yemen until 1962.

These men were convicted after an unfair trial, sentenced to death and executed with chilling speed without having the slightest opportunity to appeal their sentence. Equatorial Guinea must put an end to the abductions, torture and executions it currently carries out under the pretense of justice.

In April, an Equatorial Guinea court sentenced seven Nigerians [JURIST report] to 12 years in prison on terrorism charges for their role in the 2009 attack. Security forces stopped the Nigerian gunmen, alleged members of the Movement for the Emancipation of the Niger River Delta (MEND) [GlobalSecurity backgrounder], who were supposedly guided to the presidential palace by locals on mobile phones. The court also released four additional Equatorial Guineans, all members of the opposition People's Union Party, after freeing seven last month for a lack of evidence. Last year, former British military officer with the elite Special Air Service [BBC backgrounder], Simon Mann [BBC profile, JURIST news archive], convicted [JURIST report] in 2008 of involvement in a 2004 coup attempt [BBC backgrounder], was released from prison after being pardoned [JURIST report] by Obiang. Mann was arrested in 2004 after a plane carrying him and approximately 60 mercenaries landed in Zimbabwe.

The President said very plainly when he laid out his stem cell policy that this is important lifesaving—potentially lifesaving research that could have an impact on millions of Americans and people all around the world. He thinks that we need to do research. He put forward stringent ethical guidelines, and he thinks that his policy is the right one. We're still reviewing the decision from this judge, but what we've seen so far, from what we can tell, this would also stop the research that President Bush had allowed to go forward early in his presidency. So we're exploring all possible avenues to make sure that we can continue to do this critical lifesaving research.

The case had originally been dismissed for lack of standing last October but was reinstated [JURIST reports] in June with only plaintiffs who claimed their their ability to obtain funding for adult stem cell research was harmed by increased competition for federal funds after they were permitted to also be used for embryonic stem cell research. Those new guidelines reversed previous rules that limited government funding of embryonic stem cells to only cell lines that were in existence as of August 2001. Despite pressure from the scientific community, the previous administration refused similar changes to funding guidelines. In 2007, then-president George W. Bush vetoed [JURIST report] the Stem Cell Research Enhancement Act of 2007 [S 5 materials], which was intended to relax funding restrictions on embryonic stem cell research. The administration rejected the bill, saying it would compel taxpayers to support the destruction of human embryos. In 2006, Bush vetoed a previous version [JURIST report] of the Stem Cell Research Enhancement Act, which was passed by the Senate to remove restrictions on embryonic stem cell research, saying he would not provide federal funding for stem cell research because many consider the destruction of embryos to be murder.

Despite the continued use of the death penalty in some countries, there is a growing movement toward international abolition. Earlier this year, Amnesty International (AI) [advocacy website] reported [JURIST report] the number of countries using the death penalty dropped [report, PDF] in 2009. According to the report, more than 700 people were executed last year in 18 countries, with the most executions carried out in Iran, Iraq, Saudi Arabia and the US. AI's figures exclude the estimated thousands of executions in China [press release], where the government refuses to release death penalty statistics. AI challenged China and other nations to disclose information about executions and condemned all forms of capital punishment. More than two-thirds of the world's countries have abolished the death penalty in law or in practice.

Last week, the prosecution filed a notice of an appeal [JURIST report] seeking to increase Kaing's term of imprisonment. The prosecution identified three grounds for appeal, including a discernible error in the exercise of sentencing discretion, an error of law regarding cumulative convictions and an error of law regarding enslavement. Kaing unexpectedly asked to be released [JURIST report] at the close of his trial in November. His request was a complete departure from his previous conduct, as he had cooperated with the trial and repeatedly apologized to his victims and their families, mitigating conduct that earned him a reduced sentence from the 40 years prosecutors originally sought. His lawyers took different approaches in their closing remarks, with one stating that his client was not guilty and the other asking for clemency. In March 2009, Kaing accepted responsibility and apologized [JURIST report] for his conduct at the detention facility. He is the first of eight ex-Khmer Rouge officials expected to be tried before the ECCC. In April, the pre-trial chamber of the ECCC dismissed appeals by three other former Khmer Rouge officials [JURIST report] to block the extension of their provision detention. The three prisoners, Ieng Thirith, Ieng Sary and Khieu Samphan, were arrested in November 2007 and face charges of genocide, war crimes, crimes against humanity, murder, torture and religious persecution.

Earlier this month, a judge for the US District Court for the Northern District of California [official website] ruled [JURIST report] that California's ban on same-sex marriage [JURIST news archive] violates the US Constitution [text]. Judge Vaughn Walker held that the ban, known as Proposition 8 [text; JURIST news archive], violated both the Due Process Clause and the Equal Protection Clause [Cornell LII backgrounders] of the Fourteenth Amendment. The State of California, which was an original defendant to the suit, has decided not appeal the decision leaving defendant-intervenors Protect Marriage [advocacy website] and other groups to defend the law. Last week, the Ninth Circuit issued an emergency stay [JURIST report] on Walker's ruling while the court considers the issues raised on appeal as well as whether the remaining parties to the suit have Article III standing to appeal. The court of appeals is scheduled to begin hearing oral arguments in the case in December.

People have a right to evaluate [Islamic] symbolism and vote whether they permit Muslims to build such buildings ... Many Muslims openly admit that [they] prefer to live in a theocracy under Sharia law, but that is totally unacceptable.

Last month, the French National Assembly voted 336-1 to ban [JURIST report] the wearing of burqas. Also in July, the Syrian Minister of Education issued a directive [JURIST report] forbidding students and teachers from wearing the niqab, while Spain's lower house of parliament rejected a proposal to ban Islamic face veils. In March, the UN Human Rights Council adopted a resolution [text, PDF; JURIST report] condemning international religious discrimination and xenophobia. The resolution specifically criticized Switzerland's controversial 2009 ban [JURIST report] on the construction of minarets. In December 2009, a Swiss Muslim launched a legal challenge [JURIST report] to the ban in the European Court of Human Rights (ECHR) [official website]. It has been argued [Reuters report] that the ban violates Articles 9, 13 and 14 of the European Convention on Human Rights [text, PDF].

Olmert has been embroiled in accusations of scandal for much of his political career. He is already facing trial [JURIST report], the first of a former or current Israeli prime minister, for corruption and fraud charges that led to his resignation from prime minister in 2008. He is accused of illegally accepting cash contributions from an American businessman, double billing [JURIST reports] travel expenses to the state and charitable donors, and giving his former law partner access to state information. In April 2007, Olmert was investigated for improperly favoring his supporters [JURIST report] in distributing business grants during his time as trade minister. In January 2007, the Israeli Ministry of Justice announced plans to launch an investigation [JURIST report] into allegations that he promoted the interests of two business associates during the 2005 state sale of Bank Leumi [corporate website]. Last month, a complaint was filed [JURIST report] against Olmert and other top Israeli officials over their involvement in Operation Cast Lead [GlobalSecurity backgrounder; JURIST news archive] for violating anti-terror laws [AFP report] and laws requiring the protection of civilians during the 22-day conflict in the Gaza Strip [BBC backgrounder]. If the complaint is accepted by the Rabat chief prosecutor, the Israeli officials would face arrest upon entering Moroccan jurisdiction.

In October 2008, the US Court of Appeals for the Eleventh Circuit granted Davis a provisional stay of execution [JURIST report], directing the parties to address through briefs whether Davis can meet the stringent requirements of federal law that would permit him to file a second habeas corpus petition for federal review of his case. The Supreme Court had rejected [JURIST report] Davis' petition for certiorari appealing his death sentence earlier that month, lifting their own stay on his execution. The court had previously stayed [JURIST report] Davis' execution and had also previously denied a petition for certiorari in the case.