Ghailani's conviction in November has been praised as a "victory" for the American justice system because Ghailani appeared before a jury instead of a military commission and the government was able to win its case without using evidence obtained through torture [JURIST commentaries]. In October, the court heard arguments in the trial [JURIST report], the first civilian trial of a former Guantanamo detainee. An attorney for Ghailani argued during the opening statements that al Qaeda [JURIST news archive] took advantage of Ghailani's youth and that Ghailani was unaware of the terrorists' criminal plans. In July, Kaplan refused to dismiss charges [JURIST report] against Ghailani, ruling that his Sixth Amendment right to a speedy trial had not been violated. Ghailani's lawyers had previously sought a dismissal of charges, arguing that he was denied the right to a speedy trial [JURIST reports] while being detained for nearly five years in CIA secret prisons and later at Guantanamo Bay. Earlier in July, Kaplan ruled that Ghailani was not suffering from post-traumatic stress disorder, and was therefore fit to stand trial [JURIST report].

In November, a Peruvian judge reinstated [JURIST report] Berenson's parole, prompting another appeal from the government. Berenson was originally granted parole [JURIST report] in May with the judge citing her good behavior, renunciation of violence and completion of rehabilitation. Judges for the court restored her sentence in August, however, after legal authorities failed to verify addresses of residence [JURIST report] provided by Berenson after her release. In 2005, the Inter-American Court of Human Rights [official website] denied an appeal to reinterpret its November 2004 ruling that upheld [JURIST reports] Berenson's conviction. Lawyers for Berenson claimed that her trial failed to meet international standards for fairness and sought to have her conviction and sentence overturned. She was initially sentenced to life imprisonment by a military court, but the sentence was reduced to 20 years in a civil retrial in 2001.

The General Assembly established this Council nearly five years ago to put human rights on a par with development and peace. Some worried this Council would become biased, others saw it as a great hope for solving every human rights challenge that confronts our world. Two years ago, I came here and issued a challenge. I called on the Council to promote human rights without favour, without selectivity, without any undue influence.

The HRW report criticized the UN, the Human Rights Council and Ban for failing to adequately enforce human rights. The report specifically mentioned Ban's reluctance to put pressure on abusive governments, and substituting dialogue and cooperation for public pressure to promote human rights. HRW's report highlighted the UN's deference toward atrocities in Sri Lanka [JURIST report] as an example of the UN's human rights shortcomings. Sri Lanka faced numerous allegations of human rights violations originating from incidents that took place during the final months of its 30-year civil war. In May, HRW announced it had acquired new evidence [JURIST report] supporting allegations of war crimes. Although Ban affirmed his commitment to set up a UN panel investigating the human rights violations in Sri Lanka, HRW was dissatisfied with the UN's response.

Several states recognize out-of-state same-sex marriages. Earlier this month, New Mexico Attorney General Gary King [official website] issued an opinion stating that gay marriages from out of state would likely be legal [The New Mexico Independent report] there. In February, Maryland Attorney General Douglas Gansler [official website] declared that Maryland should recognize same-sex marriages performed elsewhere [JURIST report]. Same-sex marriage is currently legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and Washington DC [JURIST reports].

Other nations have also provided deterrents to Somali piracy through capture and prosecution. In November, the Hanseatic Higher Regional Court of Hamburg [official website, in German] commenced [JURIST report] Germany's first piracy trial in 400 years against 10 accused Somali pirates. The suspects were charged with hijacking a ship registered in Hamburg off the Horn of Africa and face maximum sentences of between 10 and 15 years in prison. The accused were arrested by the Dutch navy hours after they took over the "Taipan" on April 5. Also in November, the US District Court for the Eastern District of Virginia [official website] began the first US piracy trial [JURIST report] in more than 100 years.

Last September, Sri Lankan President Mahinda Rajapaksa [official profile; JURIST news archive] ratified the 30-month prison sentence [JURIST report] for Fonseka after a court convicted him of corruption. The court found that Fonseka gave preference to an arms company operated by his son-in-law. Fonseka, who is credited with bringing an end to the 26-year civil war, was arrested shortly after his defeat in the January 2009 presidential election in which he ran against Rajapaksa. He has been held in military custody since the arrest. Fonseka's lawyers accused the court of irregularities, and Fonseka has accused the government of seeking revenge for his decision to run in the presidential elections. Fonseka was dishonorably discharged and stripped of his rank, medals and pension.

In December, a French judge charged Mbarushimana [JURIST report] with war crimes and crimes against humanity for his role in the 1994 Rwandan genocide [JURIST news archive]. In 2008, Mbarushimana was arrested by German border police [JURIST report] as he attempted to travel to Russia on charges that he killed 32 people during the Rwandan genocide. In 2005, the UN asked France to bring genocide charges [JURIST report] against Mbarushimana, who was then in the country under refugee status. Carla Del Ponte, the former chief prosecutor for the International Criminal Tribunal for Rwanda [official website], refused to charge him and said the ICTR did not file an indictment against Mbarushimana because it lacked sufficient evidence against him.

The solicitor general is formally responsible for conducting all litigation on behalf of the US government in the US Supreme Court and supervising the handling of US litigation in federal appellate courts. Neal Katyal [official profile] has been the Acting Solicitor General since Kagan left the office for the Supreme Court. The Senate confirmed Kagan as solicitor general in March 2009, two months after Obama nominated her [JURIST reports].

A federal grand jury indicted Loughner [JURIST report] last week. Earlier, a California federal judge was appointed [JURIST report] to try the case after all federal judges in Arizona recused themselves due to objectivity concerns arising from the death John Roll [WSJ profile], Chief Judge of the US District Court for the District of Arizona [official website]. The previous day, Arizona Governor Jan Brewer signed [press release, PDF; JURIST report] emergency legislation [SB1101 materials; text] making it a crime to picket or protest a funeral after Reverend Fred Phelps's Westboro Baptist Church [official website; WARNING: readers may find material on this website offensive] announced plans to picket the funeral of Christina Green, a 9-year-old girl killed in the shooting. The church later backed off its plans [Arizona Republic report] and did not hold a protest. Prosecutors charged Loughner [criminal complaint, PDF; JURIST report] with murder and attempted murder earlier this month. President Barack Obama has directed that the investigation into the shooting be conducted [press releases] by the FBI [official website] under the coordination of Director Robert Mueller [official profile]. Officials arrested Loughner on January 8 and continue to search for a possible accomplice [press release].

The Iranian government has faced significant international scrutiny for its handling of the post-election protests and treatment of thousands arrested as a result. Aside from the repeated pleas form the US, Amnesty International labeled human rights violations committed by the Iranian government following the election among the worst of the past 20 years [JURIST report]. Human rights groups have also called on the UN General Assembly [official website] to appoint a special envoy [JURIST report] to investigate allegations of rights violations. Alleged human rights abuses of detainees include sexual assault, beatings and forced confessions [JURIST reports]. Many of those detained after the protests have been freed, but more than 80 have been sentenced to lengthy prison terms and five have been sentenced to death.