[JURIST] Conrad Black [JURIST news archive; CBC profile], the Canadian-born former chairman of media company Hollinger International [corporate website], pleaded not guilty in Chicago Friday to the latest tax evasion charges [JURIST report] he faces stemming from his initial November 2005 indictment [JURIST report] related to the $2.1 billion sale of several hundred Canadian newspapers and alleged abuse of corporate perquisites at Hollinger. Black's trial is set to begin in March 2007.

In August, US District Judge Amy St. Eve [profile] of the Northern District of Illinois [official website] increased Black's bail [BBC report] from $20 to $21 million. Prosecutors now claim Black has failed to abide by the terms of his bond, and the judge set an October 5 date to evaluate the issue. AP has more.

[JURIST] Former Chilean dictator Augusto Pinochet [JURIST news archive; BBC profile] can now face human rights charges stemming from the torture of thousands of citizens at Villa Grimaldi prison [Wikipedia backgrounder], an infamous political detention center run by Pinochet’s secret police between 1974 and 1977, thanks to a ruling issued Friday by the Supreme Court of Chile [official website, in Spanish]. The high court officially divested Pinochet of his immunity, upholding the January 2006 decision [JURIST report] of a Chilean appeals court and paving the way for charges to be filed against Pinochet. Current Chilean President Michelle Bachelet [BBC profile] and her mother, among others, were reportedly subjected to torture at Villa Grimaldi. Reuters has more.

The Chilean Supreme Court has also stripped Pinochet of immunity [JURIST report] on charges of tax evasion.

[JURIST] The US military discovered several "torture chambers" northeast of Baghdad in May and June, Maj. Gen. Thomas R. Turner II [official profile], the senior commander of US and Iraqi forces in northern Iraq, said Friday. Turner told Pentagon reporters via teleconference [transcript] about the discovery of the "torture chambers," which consisted of two or three small rooms and allegedly contained evidence of torture [JURIST news archive], including shackles. Turner said the "torture chambers" provided further evidence of increasing sectarian violence in Iraq [Wikipedia backgrounder]. AP has more.

In May, the United Nations Assistance Mission for Iraq (UNAMI) [official website] warned [JURIST report] that human rights progress in Iraq was being seriously undermined by ongoing sectarian violence involving Shiite and Sunni factions.

[JURIST] The US Securities and Exchange Commission (SEC) [official website; JURIST news archive] said Thursday that its Division of Corporation Finance [official website] will begin drafting an amendment [press release] to an SEC Rule under the Securities Exchange Act of 1934 [text, PDF] which says a company can deny its shareholders the right to vote on a proposal that "relates to an election," including elections of company directors. SEC Chairman Christopher Cox [official profile] said the proposed amendment to Rule 14a-8 will first be unveiled at an open meeting October 18, as he hopes to have the final version implemented before the 2007 proxy season.

Thursday's SEC announcement comes in response to a ruling [opinion, PDF] Tuesday by the US Court of Appeals for the Second Circuit [official website] in which the court held that current SEC interpretations of the rule deny shareholders important rights. The New York Times has more.

[JURIST] Leading Wednesday's international brief, Amnesty International [advocacy website] has alleged that efforts by Zimbabwean President Robert Mugabe to provide housing for the hundreds of thousands of residents he forcefully evicted in 2005 have fallen well short of international human rights standards. Amnesty's report [text] presents evidence of a complete failure to protect Zimbabweans made homeless by the Zimbabwean government [official website] and chronicles government interference with attempts to seek judicial decisions regarding the effects of Operation Murambatsvina [ICG report; Wikipedia backgrounder]. Amnesty has also said that Operation Garikai, the housing project allegedly designed to return all of the evicted residents to government built housing, was a public relations cover up [press release] for continued lack of action by agencies and officials. ZimOnline has local coverage.

In other international legal news ...

• Indonesian Attorney General Abdul Rahman Saleh told reporters that two Australian men convicted of drug running and sentenced to death [JURIST report] still have two options left to appeal their sentences. Both men have the right to request a case review by the Indonesian judicial system which would allow a court to reexamine the evidence and documentation of the case to determine if any mistakes were made and if the punishment is proportionate. Both men are also permitted to request clemency from the office of the president. Four other Australians convicted of drug running have had their sentences upgraded to capital punishment as well. The Australian government [official website] has issued a request that the men be spared but said it was "not hopeful." The attorney general termed the request a humanitarian, rather than legal, plea and said that the actual legal decision was in the hands of the Indonesian Supreme Court. Indonesia is one of the few countries that permits capital punishment to be used in non-murder convictions. Indonesian law allows the Supreme Court to adjust sentences of cases on appeal as it sees fit, including upgrading sentences to a higher punishment. The Jakarta Post has local coverage.
  
  
• Following its approval of the right to change gender [Hankyoreh report], the South Korean Supreme Court [official website] has set specific legal standards that must be met before an applicant can proceed with the change. Applicants must have gone through medical counseling, be over 20 years of age, be unmarried and without children, and have received the relevant surgery necessary for the physical sex change. Additionally, male to female applicants must have already served their two year compulsory military service or have received a valid exemption. The Court said Friday that the new standards were developed as the number of applications for a change of gender increased rapidly after the decision to make the change legal. The Chosun Ilbo has local coverage.
  
  
• A multi-party commission of Kenyan private citizens and legislators has submitted a proposal to speed up the review of the Kenyan draft constitution so that the process can be completed before the general election scheduled for 2007. The team has argued that the bill should be presented before the Kenyan Parliament as a whole, which would need to approve the draft by a 65 percent vote before the document would be presented to the general public for a referendum, rather than being put to review by a commission created by the Kenyan government [official website]. The draft constitution contains provisions weakening the Executive branch's control over Parliament and creating completely independent Electoral and Judicial Service Commissions and was modified after being resoundingly rejected [JURIST report] in a 2005 referendum. Kenya's East African Standard has local coverage

[JURIST] President Bush's announcement that 14 terrorism suspects have been transferred from secret CIA prisons to Guantanamo Bay [JURIST news archive] is "significant" but not sufficient, UN High Commissioner for Human Rights Louise Arbour [official profile] said through a spokesman Friday. Instead, Arbour renewed a demand that the prisons be "completely abolished." Last year, UN Secretary-General Kofi Annan defended Arbour after the rights commissioner criticized the alleged abduction and secret detention of suspected terrorists [JURIST reports] - a practice known as extraordinary rendition [JURIST news archive] - as having a "corrosive effect on the global ban on terror." At that time Arbour was publicly taken to task [recorded video] by US UN Ambassador John Bolton, who said it was "inappropriate and illegitimate for an international civil servant to second guess the conduct of what we are engaged in the war on terror with nothing more as evidence than what she reads in the newspapers." President Bush for the first time confirmed the existence of secret CIA prisons [JURIST report] during a speech [White House transcript] on Wednesday.

In Friday's statement, Arbour also acknowledged revisions to the Army Field Manual that apply Geneva Conventions protection to all US military detainees [JURIST report], but she noted that CIA interrogation procedures remain secret. Reuters has more.

[JURIST] European Commission President Jose Manuel Barroso [official profile] has called on all European Union (EU) [official website] member states to collaborate in stemming the tide of illegal immigrants. On Thursday, Barroso wrote a letter [PDF text] to the heads of the 25 countries of the EU, stating that "the massive arrival of illegal immigrants to the European Union, mainly to the Spanish, Italian and Maltese coasts, is a European problem and requires a European effort." The letter comes a day after 900 refugees reached Spain's Canary Islands, bringing its total number of arrivals for 2006 to 22,000.

Barroso announced the creation of a special commission to address the problem, which EU Justice and Migration Commissioner Franco Frattini [official profile] will chair. The EC has devoted €3.2 million to patrolling the waters surrounding the Canary Islands, in addition to efforts of Frontex [official website], the EU's official border patrol agency. Last week, however, Frattini blamed a three-month Spanish amnesty program [JURIST report] for encouraging the wave of immigrants. Spain plans to hold a meeting with leaders from eight other EU states later this month to discuss approaches. EUObserver.com has more. El Pais has local coverage [in Spanish].

[JURIST] The Military Commissions Act of 2006 [PDF text; White House fact sheet] would allow CIA agents and others to use interrogation techniques not condoned by the US Department of Defense [official website] and would restrict federal courts' ability to enforce prisoner rights guaranteed by the Geneva Conventions [ICRC materials], according to legal experts quoted in Friday's New York Times. On Wednesday, the Pentagon released revisions [JURIST report] to the US Army Field Manual [Human Intelligence Collector Operations text, PDF] that forbid the use of techniques such as sleep deprivation and exposure to extreme temperatures during the interrogations of military detainees [JURIST news archive]. The proposed Military Commissions Act sent to Congress [JURIST report] by the White House on Wednesday, would nonetheless prohibit only conduct that "shocks the conscience" - the standard adopted by the Detainee Treatment Act of 2005 [JURIST document] - rather than "outrages upon personal dignity" barred by the Geneva Conventions' Common Article 3 expressly invoked in the new Pentagon rules. Furthermore, the proposed legislation declares that "the Geneva Conventions are not a source of judicially enforceable individual rights."

Administration officials who spoke to the Times on the condition of anonymity said these provisions were intended to shield interrogators from prosecution under the US War Crimes Act [text], which stipulates that violations of Common Article 3 are felonies. The draft Military Commissions Act, which contains amendments to the War Crimes Act, lists nine specific violations of Article 3, including torture, murder and rape, that it deems federal crimes, suggesting that interrogation methods not listed would be authorized. US Attorney General Alberto Gonzales called for amendments [JURIST report] to the War Crimes Act last month during a Senate Armed Services Committee hearing [committee materials; JURIST report], saying that revisions are necessary to "clarify" the acts prohibited under the War Crimes Act so that US interrogators do not unknowingly subject themselves to criminal charges, a point also made by President Bush in a speech [transcript] Wednesday:

the Supreme Court's recent decision has impaired our ability to prosecute terrorists through military commissions, and has put in question the future of the CIA program. In its ruling on military commissions, the Court determined that a provision of the Geneva Conventions known as "Common Article Three" applies to our war with al Qaeda. This article includes provisions that prohibit "outrages upon personal dignity" and "humiliating and degrading treatment." The problem is that these and other provisions of Common Article Three are vague and undefined, and each could be interpreted in different ways by American or foreign judges. And some believe our military and intelligence personnel involved in capturing and questioning terrorists could now be at risk of prosecution under the War Crimes Act -- simply for doing their jobs in a thorough and professional way.

This is unacceptable. Our military and intelligence personnel go face to face with the world's most dangerous men every day. They have risked their lives to capture some of the most brutal terrorists on Earth. And they have worked day and night to find out what the terrorists know so we can stop new attacks. America owes our brave men and women some things in return. We owe them their thanks for saving lives and keeping America safe. And we owe them clear rules, so they can continue to do their jobs and protect our people.

So today, I'm asking Congress to pass legislation that will clarify the rules for our personnel fighting the war on terror. First, I'm asking Congress to list the specific, recognizable offenses that would be considered crimes under the War Crimes Act -- so our personnel can know clearly what is prohibited in the handling of terrorist enemies. Second, I'm asking that Congress make explicit that by following the standards of the Detainee Treatment Act our personnel are fulfilling America's obligations under Common Article Three of the Geneva Conventions. Third, I'm asking that Congress make it clear that captured terrorists cannot use the Geneva Conventions as a basis to sue our personnel in courts -- in U.S. courts. The men and women who protect us should not have to fear lawsuits filed by terrorists because they're doing their jobs.

ALSO ON JURIST  Op-ed: Narrowing US War Crimes Law: Having Our Cake and Eating It Too?

[JURIST] A federal judge in Oregon has allowed a lawsuit by the US branch of the Saudi Arabia-based Al-Haramain Islamic Foundation [Wikipedia profile] to proceed against the US government over the warrantless wiretapping [JURIST news archive] of communications between the foundation and its attorneys. On Thursday, Judge Garr King of US District Court in Portland denied the government's motion to dismiss [opinion, PDF] pursuant to the state secrets privilege [Sourcewatch backgrounder], stating that there is "no reasonable danger that national security would be harmed if it is confirmed or denied that plaintiffs were subject to surveillance." The foundation's case appears stronger than similar suits pending in Detroit and New York because the government accidentally provided the foundation with a log of communications that the National Security Agency (NSA) [official website] had obtained through warrantless surveillance.

The foundation filed its complaint in February [JURIST report] after a series of encounters with the US government. In September 2004, the Treasury Department announced [press release] that the foundation had "direct links between the US branch and Osama bin Laden," and in February 2005, the foundation was indicted [US DOJ press release] for allegedly concealing a transfer of $150,000 to Chechen rebels. The United States and Saudi Arabia froze the assets [Treasury Department press release] of the Bosnian and Somalian branches of the foundation in March 2002.

Last month, a federal judge in Michigan held the Bush administration's domestic surveillance program unconstitutional [JURIST report], ordering an injunction [PDF text] against the NSA. The Bush administration has appealed [JURIST report]. The New York Times has more. From Portland, the Oregonian has local coverage.

[JURIST] Mexican President-elect Felipe Calderon [campaign website, in Spanish; BBC profile], who was certified as the winner [JURIST report] of Mexico's disputed presidential election earlier this week, said Thursday that he will advocate for US immigration reform [JURIST news archive] to allow Mexicans currently in America without papers to work in the US legally. The US Congress reconvened this week, and on Wednesday, US Senate Majority Leader Bill Frist (R-TN) [official website] said that comprehensive immigration reform will be delayed while Congress focuses on border security and worksite enforcement measures.

Both houses of Congress have passed immigration reform bills and the two versions must be reconciled and voted on before a final bill can be presented to President Bush for his signature. The Senate bill [S 2611 summary], passed in May [JURIST report], would set millions of illegal immigrants on a path to potential citizenship and would authorize a temporary worker program, while the more restrictive House version [HR 4437 summary], passed last year [JURIST report], makes unlawful presence in the US a felony subject to deportation and could punish humanitarian groups aiding illegals.

On Tuesday, Andres Manuel Lopez Obrador [campaign website, in Spanish; BBC profile], the defeated Mexican presidential candidate, said that he refused to recognize Calderon's officially-declared victory [JURIST report] and confirmed plans to establish a parallel government [press release, in Spanish] representing what he called a "true, authentic republic." AP has more.

[JURIST] A federal judge issued a preliminary ruling and injunction on Thursday to prevent the US Bureau of Land Management (BLM) [official website] from selling oil and gas leases to land near Teshekpuk Lake [Sierra Club backgrounder] in Alaska to oil companies. US District Court Judge James Singleton ruled that if the rights to drill for oil on the land were sold to private companies, little could be done in the future to regulate oil exploration in the area, which could cause irreparable injury to the environment. The plaintiffs, several environmental advocacy groups represented by Earthjustice [advocacy website], sued to block the sale of the leases, which was scheduled to take place on September 27. The parties have until September 15 to file responses to the preliminary ruling.

BLM has made millions of dollars since 1999 through three sales of oil and gas leases to areas around the National Petroleum Reserve, which Teshekpuk Lake borders. Last December, the US Senate rejected a proposal [JURIST report] to open the Arctic National Wildlife Refuge (ANWR) [official website] to oil drilling. Reuters has more.

[JURIST] President Bush's recent acknowledgement of secret CIA prisons for important terror detainees [JURIST report] was motivated by the personal urgings of UK Prime Minister Tony Blair to release all British prisoners, and from pleas to close the sites from other US allies, along with US Secretary of State Condoleezza Rice, who suggested to Bush that the secret prison regime could mar his legacy, according to a Friday Washington Post report. The Post, citing interviews with numerous White House officials, reported that the issue was a source of conflict between Rice, who disliked the program, and other White House officials, including Vice President Dick Cheney and Attorney General Alberto Gonzales. The report also said the Supreme Court decision in Hamdan v. Rumsfeld [text; JURIST report], where the court applied the Geneva Conventions to US detainees held at home and abroad, was a large factor in the demise of the CIA secret prison program.

On Wednesday, President Bush said that the US Central Intelligence Agency [official website] has operated secret prisons outside the US where high-value terror suspects [DNI backgrounder, PDF] were detained, and said that 14 of those suspects [DNI profiles, PDF] have now been transferred to the Defense Department's military prison at Guantanamo Bay [JURIST news archive] where they will face trial. The suspects transferred to Guantanamo include alleged Sept. 11 mastermind Khalid Sheikh Mohammed [BBC profile] as well as key al Qaeda members suspected of designing the bombings of the USS Cole and US embassies in Africa. On Thursday, human rights groups called for more information [JURIST report] on the secret detention facilities, and EU lawmakers urged European countries which housed the prisons to step forward with any information they may have. A European Parliament investigation into the allegations [JURIST report] has accused Poland and Romania of being involved [JURIST report]. Reuters has more.

ALSO ON JURIST  Op-ed: Moving Beyond Secret Prisons

[JURIST] Former Deputy Secretary of State Richard Armitage [official profile] personally admitted to leaking the identity of CIA agent Valerie Plame Wilson during a phone interview on Thursday. Armitage apologized for the leak, which he maintains was unintentional. Armitage said the admission came during interviews with reporters Bob Woodward and Robert Nowak, when asked why Mr. Wilson, an ambassador, was assigned to a mission to Niger, Armitage says he responded that Wilson's wife "works out there." In late August, a lawyer for Armitage admitted Armitage was the source [JURIST report] of the confidential information.

Special Counsel Patrick Fitzgerald [official website], the prosecutor who led the investigation into the leak of Plame's identity, never brought charges against any official under statutes prohibiting the willful disclosure of CIA officers. Former vice-presidential aide I. Lewis "Scooter" Libby [defense profile] was charged last year with obstruction of justice and perjury [PDF indictment; JURIST report] in connection with Fitzgerald's investigation. Libby has pleaded not guilty [JURIST report] and has requested a one-month delay in his trial [JURIST report], which is now scheduled to begin in February. Critics have said that Libby may have told reporters about Plame's identity in retaliation for statements made by her husband that undermined the Bush administration's position that Iraq was seeking uranium for their nuclear weapons program. Columnist Robert Novak revealed Plame's CIA affiliation eight days after Wilson went public with his allegations. AP has more.