Piracy near the continent of Africa has become an increasingly serious problem for private shipowners and many nations. Also on Wednesday, a Norwegian ship owner suggested that pirates should be executed on the spot [AP report] when they attempt to hijack ships, a stance that drew criticism from the Norwegian government. While private citizens have their own opinions, the tact by governments has been to arrest and imprison pirates. In November, a Somali pirate was sentenced to 30 years in prison [JURIST report] by a federal judge in Virginia for an attack on a Navy vessel. One of the most active nations in trying suspected pirates is Kenya, which has opened a court entirely devoted to hearing piracy cases [JURIST report].

Every day that Congress continues to push back the February expiration deadline, the Patriot Act continues to erode one of Americans' most basic rights -- the freedom from unwarranted government intrusion into their privacy. If there has to be an extension of this law, we urge Congress to use the time well to finally rein in the pernicious impact of the intrusive provisions at stake.

Earlier this week, the House passed [JURIST report] a similar bill that would extend the three provisions until December. A vote on the bill [HR 514] to extend the provisions failed [JURIST report] last week under a special rule that required a two-thirds majority, but passed Monday with a simple majority. Earlier this month, the Obama administration released a statement of administration policy [text, PDF] vying for a three-year renewal of the provisions, but expressed support for the bill passed Monday. The provisions were previously extended in February 2010 after the Obama administration asked the Senate Judiciary Committee to extend [JURIST reports] the Patriot Act.

While the Court has some doubts about the consequence of the additional evidence under that analytical framework, that issue is better explored through full consideration of the evidence and the parties' positions, rather than under the limited "futility" appraisal in which it is now presented. That will, moreover, be consistent with Rule 15's strong encouragement of amendment -- if the facts presented may enable relief then amendment should be "freely given" and a plaintiff should be permitted the opportunity to have the claims tested on their merits.

The DC District Court has been the venue for many habeas challenges during the course of the war on terror. In April 2010, Judge Thomas Hogan dismissed as moot [JURIST report] 105 habeas corpus petitions of former Guantanamo Bay [JURIST news archive] detainees no longer in US custody. Hogan wrote that in deciding the case, the court was answering one of the questions left open by the Supreme Court's decision in Boumediene v. Bush [JURIST report], "what happens to a Guantanamo detainee's habeas claim once he is transferred or released." In June 2009, Bates granted a government motion [JURIST reports] to certify and suspend these defendants' habeas petitions, pending appeal to the Circuit Court. The certification allowed the US Department of Justice (DOJ) [official website] to seek interlocutory appeal from the DC Circuit. The DC Circuit's decision to deny habeas corpus relief in May 2010 drew criticism from commentators [JURIST op-ed] who stated that the decision provided the Executive branch with virtually unlimited cover to deny human rights.

In October, the Ecuadorian government announced it would revise a controversial austerity law following unrest [JURIST report] and a suspected coup attempt in September. Police officers fired tear gas at Correa, surrounded the hospital at which he was being treated and trapped him there for 12 hours while protesting the public service law [text, PDF; in Spanish], which they feared would reduce their pay and benefits. In September 2008, Ecuadorian voters overwhelmingly approved a new constitution [JURIST report] that consolidated and significantly expanded the powers held by Correa, including the power to dissolve the legislature and pass laws by decree. The Special assembly charged with rewriting the constitution provisionally approved [JURIST report] the document in July 2008. The success of Correa's referendum fulfilled his pledge to rewrite the country's constitution after his coalition's landslide victory [JURIST report] in October 2007. Critics characterized the 444-article constitution as giving the president too much control over the economy and the judiciary.

Earlier this month, Pillay called on Egyptian authorities to immediately release lawyers, journalists and human rights activists [official statement; JURIST report] who have been arrested and for the government to investigate whether the violence against protesters [JURIST report] has been planned. Pillay emphasized the importance of protecting human rights during a time of political change in the region. In January, shortly after the protests in Egypt began, UN Secretary-General Ban Ki-moon [official website] and Pillay urged the Egyptian government to exercise restraint and respect the rights of protesters [JURIST report]. Pillay acknowledged [press release] reports of tactics including rubber-coated bullets, tear gas, water cannons and batons, and called on the government to investigate the reports of excessive force including civilian deaths.

[W]hile fully respecting the Lebanese jurisprudence relating to cases of terrorism brought before Lebanese courts, the Tribunal cannot but take into account the unique gravity and transnational dimension of the facts at issue and the Security Council's consideration of them as particularly grave international acts of terrorism justifying the establishment of an international court. As a result, for the purpose of adjudicating these facts, the Tribunal is justified in applying, at least in one respect, a construction of the Lebanese Criminal Code's definition of terrorism that does not necessarily coincide with that the construction suggested by Lebanese courts.

The court's ruling is expected to clear the way for the pretrial judge to determine whether to confirm a sealed indictment [statement, PDF; press release] filed [JURIST report] last month by STL prosecutors and charging an unknown number of people for their roles in Hariri's assassination. The names of those indicted will be kept confidential [Lebanon Daily Star report] until the pretrial judge reviews and approves the indictment, but many believe that the indictment names members of Hezbollah [CFR backgrounder]. In August, Hezbollah submitted evidence to the STL [JURIST report] linking Israel with the bombing. The STL asked for the evidence [JURIST report] a week earlier after Hezbollah Secretary General Hassan Nasrallah [BBC profile] claimed to have proof that Israel was behind the bombing. Last February, the head of the STL reassured [JURIST report] the Lebanese public that the investigation is on track. When asked about the progress of the investigation into the death of Hariri, the head of the STL "underlined the fact that the Tribunal already has in place all the legal and administrative instruments necessary for its work, and is fully operational so that justice may be dispensed with complete independence and impartiality in accordance with the highest international standards." The STL was established in 2005 at the request of the Lebanese government to try those alleged to be connected to the bombing in which Hariri was killed by explosions detonated near his motorcade in Beirut.

Last week, the Hawaii House of Representatives [official website] passed a bill legalizing same-sex civil unions [JURIST report] in the state. The bill must still survive a vote in the state senate and be signed by Governor Neil Abercrombie. Earlier this month, Illinois Governor Pat Quinn (D) signed a bill [JURIST report] legalizing same-sex civil unions in the state. The "Illinois Religious Freedom and Civil Union Act," seeks to provide "adequate procedures for the certification and registration of a civil union" as well as to provide "persons entering into a civil union with the obligations, responsibilities, protections, and benefits afforded or recognized by the law of Illinois to spouses." The law, which opponents fear move Illinois closer to approving same-sex marriage, will go into effect June 1. Last month the Wyoming Senate voted 20-10 in favor of a constitutional amendment [JURIST report] that would prevent the state from recognizing same-sex marriages from any jurisdiction. The decision, which was split down party lines, will advance to the state House of Representatives, where it needs a two-thirds vote to succeed. If approved there, it will need to be signed by Governor Matt Mead (R) and then appear as a referendum item on the 2012 ballot. The following day, the House Judiciary Committee also voted 5-4 [Star-Tribune report] to defeat House Bill 150, which would have recognized civil unions in the state.

The district court ruled that the military could detain only individuals who were "part of" al-Qaida or the Taliban; and that Hatim did not fit that description. That ruling is directly contrary to Al-Bihani v. Obama, which held that "those who purposefully and materially support" al-Qaida or the Taliban could also be detained. Hatim admits the error, but says it was harmless. We cannot see how. As the district court stated in issuing the stay, Al-Bihani "calls into question" a "key determination" upon which the order rested. The district court also ruled that in order to detain Hatim the government had to prove that he was part of the "command structure" of al-Qaida or the Taliban. Our intervening decisions in Bensayah v. Obama and Awad v. Obama held that although it is sufficient to show that an individual is in the command structure, such a showing is not necessary in order to defeat a habeas petition.

Earlier on Tuesday, detainee Noor Uthman Mohammed [DOD materials] pleaded guilty [press release] before a military tribunal to terrorism charges [JURIST report]. Earlier this month, the Center for Constitutional Rights (CCR) [advocacy website] used the death of a Guantanamo detainee to highlight what it claims are problems [JURIST report] with the detention system currently used by the US for dealing with suspected terrorists. The detainee, Awal Gul, had been at the Guantanamo Bay detention center since October 2002, suspected of having aided the Taliban and al Qaeda in Afghanistan [DOD press release, PDF]. Gul died of an apparent heart attack after he had completed some aerobic exercises. The CCR believes that the circumstances surrounding Gul's death illustrate the inherent problem with the detention center and the policy the US follows in detaining and indefinitely holding suspected terrorists, claiming that the facility has become a purgatory, where people are held indefinitely. As the number of detainees at the Guantanamo Bay facility decreases, the issue of what to do with those remaining in US custody continues to be a significant issue. In January, Human Rights Watch criticized President Barack Obama [JURIST report] for failing to shut down the facility as he promised during the 2008 presidential campaign.