[JURIST] Jail sentences were handed down Monday by Belarusian courts for more than 150 protestors who were detained by police [JURIST report] while taking part in recent election protests. Thousands of citizens gathered [JURIST report] last week to demonstrate against alleged election fraud in the March 19 presidential elections [JURIST report] in which incumbent Alexander Lukashenko [official website; BBC profile] was reelected to a third term. While the mostly young protestors received jail time for up to 15 days, opposition politician Aleksander Kozulin could face up for six years in jail on hooliganism charges.

The sentences were issued without the presence of defense lawyers and irrespective of whether the accused pleaded guilty or not. The European Union [official website] has expressed serious concern [press release] about the arrests and has demanded the release of Kozulin. Opposition leader Alexander Milinkevich [Wikipedia profile] has openly criticized the detention of the protesters and has pledged to hold nationwide protests to win more public support. Reuters has more.

[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday heard oral arguments on whether prisons which deny difficult inmates access to newspapers, magazines, and photographs are violating the First Amendment [text]. In the case of Beard v. Banks [Duke Law backgrounder, merit briefs], the Court focused on whether the court should regulate states in managing their inmates and whether prison officials who have denied such privileges to inmates have infringed on their First Amendment rights. Plaintiff Ronald Banks, a convicted murderer considered a security risk, sued the Pennsylvania Department of Corrections in 2001 after he was barred from reading the Christian Science Monitor newspaper in a now-closed correctional facility in Pittsburgh. Prison systems nationwide could be affected by the outcome of this case if they are required to prove that their policies serve legitimate security and rehabilitative interests. While the Bush administration favors states policing their own prisons, religious and civil liberties groups maintain that fundamental rights under the First Amendment should not be taken away at the discretion of prison officials. Justice Samuel Alito has recused himself because he ruled on the case (dissenting, holding against Banks) while serving on the Third US Circuit Court of Appeals, leaving the possibility that the high court case could end up in a tie. AP has more.

Also Monday, the Court heard oral arguments in Anza v. Ideal Steel Supply [Duke Law backgrounder, merit briefs], a case in which it will decide when a company can use a federal anti-racketeering law to claim damages from a competitor's alleged fraud. Ideal has raised a charge of a violation of the RICO statute [text], alleging that National Steel Supply (owned by the Anza family) did not collect a New York sales tax from customers paying in cash which allowed it to significantly undercut Ideal's business. Since National Steel Supply mailed fraudulent sales tax reports to the State Department of Taxation and Finance, the Court will have to decide whether Ideal Steel Supply can still assert a RICO violation even though it was not the party defrauded and did not rely on the alleged fraudulent behavior.

[JURIST] The last meeting of the UN Commission on Human Rights [official website] took place in Geneva Monday, as its replacement prepares to hold its first session on June 19. The UN Human Rights Council [JURIST news archive; UN backgrounder] was brought into being by a General Assembly resolution [text] earlier this month after five months of negotiations following the UN World Summit. The Commission, created in 1946, had been sharply criticized for allowing countries with continued human rights violations to win seats and protect each other from inquiries.

While originally inspired by the United States, the new Council faced objections [JURIST report] from the United States [official statement], Israel, the Marshall Islands, and Palau for not taking enough measures to prevent abusive countries from becoming members. US Ambassador Kevin Moley told the Associated Press, "The good news is that the commission is over. The bad news is that what replaces it isn't much better." The US has not announced whether it will seek election to the council. AP has more.

[JURIST] Abdul Rahman [Wikipedia profile], currently facing the death penalty [JURIST report] in Afghanistan [ JURIST news archive] for converting from Islam to Christianity, has appealed for asylum, UN spokesman Adrian Edwards said Monday. Earlier Monday, several hundred people responded to a judge's decision that the prosecution lacked sufficient evidence [JURIST report] to proceed with the case by protesting Rahman's potential release [JURIST report]. Rahman was scheduled to undergo a mental examination [Reuters report] Monday, in a move thought by some to be a quiet way for the prosecution to respond to political pressure from Western governments [JURIST report].

Edwards did not mention specific countries in the statement, saying only that "Mr. Rahman has asked for asylum outside Afghanistan ... We expect this will be provided by one of the countries interested in a peaceful solution to this case." AP has more.

[JURIST] US District Judge Ivan Lemelle on Monday refused to order changes to New Orleans municipal elections [JURIST news archive] scheduled for April 22. Lemelle held a hearing [JURIST report] Monday morning to consider arguments from civil rights groups that the elections should be postponed due to the large numbers of African-American residents who have been displaced outside Louisiana due to Hurricane Katrina [JURIST news archive] and will therefore be unable to vote.

Rights groups have argued that the state's displaced voters plan [Sec. of State materials] does not do enough to accommodate hurricane victims, saying the plan is equivalent to an illegal poll tax [Wikipedia backgrounder]. Though Lemelle refused to postpone the elections, he did tell both sides that they should work together to resolve problems that could prevent displaced residents from voting, noting that "there is still room for improvement in that electoral process." AP has more.

[JURIST] The US Senate Judiciary Committee [official website] on Monday softened HR 4437 [text, PDF; bill summary], the controversial immigration reform bill passed by the House [JURIST report] in December, by adopting an amendment by Sen. Richard Durbin (D-IL) that would protect charitable organizations, churches and individuals providing aid to undocumented immigrants from all criminal charges. Under the House legislation, knowingly aiding an undocumented alien would be a felony.

This and other hard-line provisions adopted by the House, like making the "unlawful presence" of an alien in the US a felony in itself and mandating the construction of a fence along 700 of the 2,000 miles of US-Mexican border, have sparked national protest and debate, including a 500,000 person protest in Los Angeles [JURIST report] Saturday. Anticipating a congressional showdown, President Bush called for "civil" debate [JURIST report] on the issue last week. The full Senate has yet to vote on the revised legislation. AP has more.

7:15 PM ET - The Judiciary Committee has approved the full text of the amended draft immigration bill by a 12-6 vote, also rejecting a House provision that would have made "unlawful presence" of an undocumented alien in the US a felony, as opposed to the current misdemeanor. The approved bill additionally includes provisions for temporary guest workers [AP report; Kennedy press release]. It now advances to the Senate floor, although further changes are likely given that fewer than half the Republican members of the Committee voted in its favor.

7:30 PM ET - Senate Minority Leader Harry Reid has praised the Committee's passage of the draft legislation and has called on Majority Leader Bill Frist to "immediately substitute this comprehensive approach for his wrongheaded bill as the full Senate begins debate tomorrow." Frist had said earlier he would bring his own stricter border security bill to the Senate floor [JURIST report] if the Judiciary Committee did not finish work on its draft by midnight Monday. Read Reid's press release.

[JURIST] The Federal Election Commission (FEC) [official website] decided in a 6-0 vote Monday to approve rules [draft text, PDF] that include subject Internet advertising to current campaign finance laws. The rules will regulate only paid advertisements on another person's website, and will not include blogs, e-mails, and other online publications. The FEC introduced [JURIST report] the proposed rules Friday in response to a federal court order [opinion text, PDF] that required the FEC to create new rules including internet advertisements in campaign financing and spending regulations.

The federal campaign finance laws [FEC backgrounder] previously regulated campaign ads for federal candidates, but did not include political advertisements on the Internet. Under the new rules, political candidates must pay for internet advertisements out of funds regulated under the campaign finance laws. The laws also limit individual contributions to $2,000, and ban union and corporate donations to federal candidates. AP has more.

[JURIST] Algimantas Dailide [US DOJ press release], a retired real estate broker from the Cleveland and Gulfport FL areas, was convicted Monday in his Lithuanian hometown on charges of helping the Nazis [JURIST report] commit genocide [BBC backgrounder] against Jews in the town of Vilnius [Vilnius Ghetto backgrounder] during World War II. As a result of his conviction, Dailide faced 5-20 years in prison, but the Vilnius District Court ruled that the 85 year-old man was too frail to serve a sentence. Judge Alvyra Kvaraciejute said Dailide has not committed any crimes in the past 60 years and is no longer a threat to society. Lawyers for Dailide have 20 days to file an appeal, but it is unclear whether they will do so.

Dailide is the third person convicted of Nazi war crimes since Lithuania gained independence from the Soviet Union in 1991. None of the three elderly men have been required to serve time in prison. Many say these convictions serve as evidence that Lithuanian officials are making attempts to follow through with their campaign [BBC report] to bring Nazi World War II war criminals to trial. AP has more.

[JURIST] AP is reporting that al Qaeda conspirator Zacarias Moussaoui [JURIST news archive] has testified that he and "shoe bomber" Richard Reid [BBC profile] were meant to hijack a fifth airplane and fly it into the White House as part of the Sept. 11 attacks [JURIST news archive]. Moussaoui took the stand [JURIST report] Monday in his sentencing trial [case docket] to determine whether he will face the death penalty in connection with Sept. 11 attacks. Moussaoui pleaded guilty [JURIST report] to six conspiracy charges [indictment] last year. If the jury decides that he caused a single death on September 11, he will be eligible for the death penalty and a second phase of the trial will occur, featuring testimony by families of September 11 victims. This marks the first time Moussaoui has revealed these details and his testimony contradicts earlier statements made to the federal investigators. Moussaoui's comments about a plot with Reid, however, followed testimony that he was not the "20th hijacker" on Sept. 11 [CBS report].

Reid was arrested after attempting to detonate an explosive hidden in his shoe on a flight from Paris to Miami in December 2001, and in 2003 was sentenced to life in prison [CNN report] for attempting to use a weapon of mass destruction against US nationals outside the US and interference with flight crew and attendants by using a dangerous weapon. AP has more.

[JURIST] The US Supreme Court [official website] on Monday agreed to hear an appeal in Lawrence v. Florida [11th Circuit decision, PDF], concerning a challenge to rules surrounding the one-year filing deadline for making habeas corpus claims in federal court. Florida death row inmate Gary Lawrence is questioning whether the deadline is suspended while the Supreme Court reviews his petition for post-conviction review. SCOTUSBlog has more.

Also Monday, the Court denied certiorari in several cases, including one involving a libel appeal by the New York Times. The libel lawsuit, New York Times v. Hatfill involves allegations by Steven Hatfill, a physician and bioterrorism expert who was labeled a "person of interest" by the FBI following the anthrax attacks following Sept. 11. Hatfill sued the Times for libel and intentional infliction of emotional distress after the newspaper published a story stating that the government's decision not to further pursue Hatfill as a suspect was the result of "poor investigation." The newspaper challenged a US Court of Appeals for the Fourth Circuit decision [text, PDF] to allow the case to move forward, arguing that it was a frontal assault on First Amendment protections. AP has more.

The Court also refused to hear Fidelity Federal Bank & Trust v. Kehoe, a case involving a Florida drivers' class action lawsuit under the Driver's Privacy Protection Act [text]. The core issue for review was whether the drivers, whose contact information was sold to a national insurance company, must prove actual damages in order to recover under the Act. Though the Court declined to review the case, in a concurrence [PDF text] from Justice Scalia, who was joined by Justice Alito, the justice noted that if the issue of whether "[the insurance company] can be held liable under the Act if it did not know that the State had failed to comply with the express consent requirement" were raised in a later petition, the Court may reconsider its decision. AP has more. Read the Court's full Order List [PDF text].

[JURIST] A UN delegation led by Under-Secretary-General for Legal Affairs Nicolas Michel [official profile] arrived in the south African nation of Burundi Monday to help establish a truth and reconciliation commission [BBC report] and war crimes court. According to Michel, the 5-member group will facilitate negotiations between local transition government leaders on the "necessary juridical framework" to establish the commission and special court, which will investigate allegations of genocide and crimes against humanity. Opposing political factions in the country agreed [JURIST report] to the formation of the court and commission last June in order to shed light on prevalent violence between local Hutus and Tutsis that has crippled Burundi following its 12-year civil war [Global Security backgrounder].

Burundi government spokesperson Ramadhan Karenga said Monday that the UN 5-day visit will address "legal and regulatory [issues], the competences, structures composition of the commission and the special chamber, and links between both mechanisms and the calendar of their setting up as provided by UN Resolution 1606(2005) [PDF text] of the UN Security Council." IRIN News has more.

[JURIST] Microsoft [corporate website] on Monday appealed a ruling [PDF text] from the South Korean Fair Trade Commission [official website] that the company breached antitrust laws by bundling its Windows operating system with Microsoft programs. In the decision [JURIST report] handed down in December 2005, the Commission ordered Microsoft to pay $33 million and unbundle its media player and messaging service from its Windows software. The ruling bore similarity to a 2004 European Commission antitrust ruling [PDF text; JURIST report] against Microsoft, which imposed a fine of nearly $600 million.

Microsoft has said [press release]that its business practices were "consistent with Korean law and have benefited Korean consumers and the Korean technology industry." Reuters has more.

[JURIST] Zimbabwe [JURIST news archive] government on Monday announced new anti-terrorism laws that would allow the government to outlaw any group it declares to be a "foreign or international terrorist organization." The proposed Suppression of Foreign and International Terrorism Bill comes two weeks after the government arrested 15 members of the opposition party [JURIST report] Movement for Democratic Change [official web site] for possessing weapons to allegedly overthrow the government and assassinate Zimbabwean President Robert Mugabe [BBC profile]. The charges were subsequently dropped [JURIST report], with officials complaining that police had bungled their investigations. The suspects were accused of having ties to the Zimbabwe Freedom Movement [manifesto], a group established for the sole purpose of overthrowing Mugabe.

If passed, the new laws would proscribe fines or imprisonment for anyone who supplies information to terrorist organizations, possesses weapons for the purposes of terrorism, trains or recruits people for terrorist activities. According to a report in the Zimbabwe Independent, the laws would give the government authority to crack down on opposition and authorize its officials to monitor private telephone and electronic communications. SAPA has more.

[JURIST] The sentencing trial of Zacarias Moussaoui [JURIST news archive] on Monday enters what analysts expect to be a critical week, with testimony from Moussaoui and other key witnesses. Prosecutors concluded their case [JURIST report] for giving Moussaoui the death penalty last Thursday, during which the defense team consistently highlighted failures by the CIA and FBI to investigate Moussaoui after his arrest in August 2001. The defense is expected to introduce statements from the alleged mastermind of the September 11 terrorist attacks [JURIST news archive], Khalid Sheikh Mohammed [BBC profile], who is being held in the United States at an undisclosed location, and former CIA director George Tenet [official profile]. It is unclear yet whether Tenet will appear in person or whether the defense team will use statements from previous testimony to the Senate [text] and the 9/11 commission [text].

Moussaoui himself will also testify against the wishes of his counsel, and analysts predict that his outbursts could disrupt the groundwork defense attorneys have laid in their case against the death penalty. Moussaoui pleaded guilty [JURIST report] last year to six conspiracy charges. If the jury decides that he caused a single death on September 11, he will be eligible for the death penalty and a second phase of the trial will occur, featuring testimony by families of September 11 victims. Otherwise, Moussaoui faces life in prison. AFP has more.

[JURIST] A spokesman in Nigeria for former Liberian president Charles Taylor [BBC profile] said Monday that his whereabouts are unknown, after Nigeria indicated over the weekend that Liberia could take Taylor into custody [JURIST report] to stand trial for war crimes charges [indictment]. Taylor is wanted in Sierra Leone for charges that he backed rebel leaders in exchange for diamonds and he is expected to be hiding in the southeastern Nigerian city of Calabar. The lead prosecutor against Taylor said he requested Nigerian President Olusegun Obasanjo [official website] to arrest Taylor before he could escape, but a spokesperson for Obasanjo said that no such request had been received.

The UN-backed Special Court for Sierra Leone (SCSL) [official website] on Sunday called on the Nigerian government to hand Taylor over [JURIST report] before he flees Calabar, but Obasanjo's spokesman said the president is not aware of Taylor's location and will respond if he receives a formal request by the prosecutor for his capture. Taylor fled Liberia in 2003 as part of a deal to end the country's 14-year civil war [Global Security backgrounder] which affected several countries including Sierra Leone. Reuters has more.

4:41 PM ET - According to information from former SCSL Chief of Investigations Alan White received by JURIST late Monday, the word from West Africa is that Taylor has left Calabar and could be heading to Equatorial Guinea or the Democratic Republic of Congo, where Benjamin Yeaten, former director of Liberia's Special Security Service [Global Security backgrounder] under Taylor, spends time. White suggests Nigeria will blame Taylor's departure on Liberia's failure to arrest him in a timely manner.

6:10 PM ET - The US Monday urged Nigeria to hand Taylor over to Liberia for trial. A State Department spokesman said [briefing transcript]:

He needs to be brought to justice. We've made that clear. I understand that the international court, as well as the Nigerian Government and the Liberian Government, are working on the modalities of the handover of Charles Taylor to see that he faces justice. It is incumbent upon the Nigerian Government now to see that he is conveyed to the international court. Obviously, we have talked to President Obasanjo about this...

Right now we have made clear both in public and in private to the Nigerians that it is their responsibility to see that he is able to be conveyed and face justice, so that would be the Nigerian Government's responsibility. I know that he is in Nigeria at the current time. I can't tell you what his current status is, where in the country he may find himself.

ALSO ON JURIST  Topic: Charles Taylor | Op-ed: Handing Over Charles Taylor: It's Time [David Crane, former SCSL chief prosecutor]

[JURIST] Several hundred people led by Islamic clerics protested in Afghanistan Monday against the suggested release of a man who converted from Islam to Christianity. The religious leaders called for Abdul Rahman [Wikipedia profile] to be tried under Islamic sharia law [CFR backgrounder] which imposes the death penalty for anyone guilty of apostasy, or "abandonment of the faith." The protests were prompted by reports from Afghan officials Sunday which indicated that Rahman may be freed after a judge ruled there was not sufficient evidence to proceed [JURIST report] in the case against the convert.

Meanwhile, the lead prosecutor in the case against Rahman [JURIST report] said he will undergo a mental examination [Reuters report] Monday, and analysts believe the charges will be dropped if he is found to be mentally unstable. Rahman has denied any mental issues but Afghan authorities may be seeking a quiet way to abandon the case amidst political pressure from Western governments [JURIST report] to release him. AP has more; from the Middle East, Aljazeera has local coverage.

[JURIST] US District Judge Ivan Lemelle will hold a hearing Monday to hear arguments from civil rights groups that the upcoming April 22 municipal elections in New Orleans [JURIST news archive] should be postponed because many African-American residents have been displaced outside Louisiana due to Hurricane Katrina [JURIST news archive] and will be unable to vote. Lemelle has already dismissed a challenge to the election plan, but agreed to reconsider his ruling to determine if the scheduled election [JURIST report], which was originally slated to take place on February 4, should be postponed again. The state has taken steps to set up polling stations in 10 Louisiana cities, relax voting rules allowing displaced citizens to vote by absentee ballot, and support advertisements to inform displaced voters of the upcoming elections.

The NAACP [advocacy website] and other civil rights leaders have argued against the plan [JURIST report], saying it involves the equivalent of an illegal poll tax [Wikipedia backgrounder] since many displaced black voters will need to pay for transportation costs in order to make it back to Louisiana to cast their ballots. Approximately 43,000 registered voters have indicated that they are now living outside the state and current Louisiana law does not allow out-of-state voting operations. Earlier this month, the US Justice Department invoked its authority under the 1965 Voting Rights Act [DOJ backgrounder] to approve the elections [JURIST report] as scheduled for April 22. The Louisiana Secretary of State [official website] has information on the displaced voters plan. AP has more.