[JURIST] The Southern Poverty Law Center [advocacy website] filed a federal lawsuit [text, PDF; press release] Wednesday against the US Immigration and Customs Enforcement Agency (ICE) [official website] for its alleged harassment of five US citizens of Mexican descent during an illegal immigration [JURIST news archive] shakedown in Georgia over Labor Day weekend. The civil rights group claims ICE violated the citizens' Fourth and Fifth Amendment rights [text] when it illegally detained, harassed and searched the Mexican-Americans' persons solely because of their appearance in a raid on a chicken processing plant. An ICE spokesman told AP the accusations were "patently false" but declined to comment on specific claims in the suit.

The Southern Poverty Law Center has indicated that it hopes to certify the lawsuit as a class action which would include all local individuals of Hispanic descent or appearance as plaintiffs. The lawsuit, filed in the US District Court for the Northern District of Georgia [official website] and seeking damages and an injunction against future raids, currently names the ICE, its officials and the 30 agents who conducted the raid as defendants. The illegal immigrant population in Georgia is growing faster than anywhere else in the US, having more than doubled since 2000. AP has more.

[JURIST] In the first US case of its kind, a Georgia state court [Gwinnett County courts website] Wednesday found Ethiopian immigrant Khalid Adem guilty of sexually mutilating his then-two-year-old daughter and sentenced him to 10 years in prison. Adem was tried on charges of cruelty to children and aggravated battery after a doctor discovered Adem's daughter had her clitoris removed, allegedly with a pair of scissors. Georgia [JURIST news archive] did not have an anti-genital mutilation statute on the books in 2001 when the incident occurred, but the Georgia General Assembly [official website] subsequently passed a bill [text] to ban the practice of female genital mutilation [World Health Organization backgrounder], or female circumcision, in 2005 with the support of the victim's mother, Fortunate Adem.

Female genital mutilation of young women occurs in different cultures, ethnicities, and religions. Human rights advocates claim the practice denies women sexual pleasure, causes dangerous infections, and creates deep emotional scars. Sexual mutilation is illegal in 16 US states [NDAA statutory backgrounder] and has been prohibited by federal law [statute, text] for people under 18 years of age since 1997. The US Department of State [official website] has estimated [Report, PDF] that up to 130 million women worldwide have undergone circumcision since 2001. The procedure is not specifically illegal in Ethiopia [US State Dept. backgrounder], but government policy discourages "harmful traditional practices." AP has more.

[JURIST] The Sierra Legal Defence Fund [advocacy website] petitioned the US Environmental Protection Agency [official website] Wednesday on behalf of thirteen Canadian cities - including Toronto, Windsor and Halifax - to mandate the reduction of air pollution from 150 coal-fired power plants in the US. The petition [PDF text; press release] asks the EPA to direct a reduction of carbon dioxide and other gas emissions in seven US states as "these air contaminants are causing or contributing to air pollution...acid rain, and climate change...[and] endanger public health or welfare in Canada." Sierra alleges that the 150 US plants in Ohio, Michigan, Indiana, Illinois, West Virginia, Pennsylvania and Kentucky release roughly the same amount of greenhouse gases as the whole of Canada and virtually double the amount of Canadian domestic pollution as their byproducts blow north and east.

Under Section 115(a) of the Clean Air Act [text], whenever the EPA Administrator:

has reason to believe that any air pollutant or pollutants emitted in the United States cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare in a foreign country...the Administrator shall give formal notification thereof to the Governor of the State in which such emissions originate.

[JURIST] A Turkish trial court on Wednesday ruled that retired archaeologist Muazzez Ilmiye Cig [profile] violated no criminal law by writing historical accounts [IW &A Blog post] of headscarves that offended some Muslims. Cig faced up to 1 1/2 years' imprisonment for insulting religion by postulating in her book that headscarves were originally worn before the founding of Islam by ancient Mesopotamian priestesses who initiated young men into sex. Traditionally worn by Muslim women, headscarves and other forms of religious dress [JURIST news archive] are banned from many public places in modern Turkey, a majority Muslim country despite official secularism. Many lawyers and pro-secular groups attended the trial in support of Cig and the prosecutor recommended that the charges be dropped. The case also drew criticism from international archaeological associations [IAA appeal] and from the European Union, which has recently warned Turkey that its laws infringing freedom of expression may delay its entry into the global body.

Cig is one of several Turkish writers and intellectuals who have recently faced legal process for their opinions or works. Although not implicated in Cig's case, a number have been charged with insulting the Turkish identity [JURIST report] under Article 301 [Amnesty backgrounder] of the Turkish penal code. Despite opposition by the European Union, Turkish Prime Minister Tayyip Erdogan [BBC profile] said late last month that his government has no plans to abolish [JURIST report] the controversial legislation. AP has more.

[JURIST] US Assistant Attorney General Wan J. Kim [official profile] said Tuesday that the US Department of Justice (DOJ) is working with states missing deadlines to update voting databases and equipment under the Help America Vote Act of 2002 [PDF text; FEC overview] before mid-term elections on November 7. The DOJ has already sued 17 jurisdictions, including the states of Alabama, Maine, New Jersey and New York [JURIST report], for missing previous deadlines this year, but Kim said the Department would prefer to sit down with states and figure out how to fix problems. HAVA requires states to adequately prepare for transition to electronic ballot machines and to create a voter registration database, but the DOJ has exempted states that make a good faith effort to implement the changes and worked to remedy the lag in compliance.

The DOJ cannot confirm the number of states that are in full compliance with the HAVA provisions. Critics contend that the use of old voting machines will greatly affect the outcomes of state elections that could be crucial to control of the Congress, especially in states where outdated equipment such as lever ballot machines are being used. Over 800 federal officials will observe the general elections in 20 states on November 7. AP has more.

[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [transcript, PDF] Wednesday in Environmental Defense v. Duke Energy Corp. [Duke Law case backgrounder; merit briefs], 05-848, where the justices are considering a challenge to modifications to coal-fired power plants made by Duke Energy that allow the plants to run longer each day, increasing the amount of emissions, but not affecting the rate. According to the appellant environmental groups, Duke circumvented Clean Air Act (CAA) New Source Review rules [EPA materials], which require utility companies to install costly equipment to monitor and control pollution emissions in new power plants. The appellants claim that Duke abused the exemption designed for older power plants by spending millions in upgrades to existing facilities to avoid building new plants with the expensive devices and they assert that the act requires pollution emissions to be measured yearly instead of hourly. The groups also questioned the authority of the US Court of Appeals for the Fourth Circuit in ruling [opinion text, PDF; JURIST report] that Duke's modifications complied with the legislation, contending the CAA excludes judicial review of its regulations in enforcement proceedings and must be challenged in the DC Circuit.

Also Wednesday, the Court heard oral arguments [transcript, PDF] in Whorton v. Bockting [Duke Law case backgrounder; merits briefs], 05-595, a case involving a circuit split on the question of whether the court's earlier ruling in Crawford v. Washington [Duke Law case backgrounder], which established that out-of-court statements are inadmissible unless the witness is unavailable and the defendant has an opportunity to cross-examine her, applies retroactively. In the trial court, Bockting was convicted of sexual assault and sentenced to life imprisonment based on the statements of the sole witness to police. However, the US Court of Appeals for the Ninth Circuit ruled [opinion text, PDF] in Bockting's habeas proceeding that Crawford applied retroactively because it is a watershed rule of criminal procedure that provides a fundamental principle affecting the outcomes of cases. AP has more.

[JURIST] Mexican Foreign Secretary Luis Ernesto Derbez [official profile, in Spanish] has signed an order allowing Guatemala [JURIST news archive] to extradite former Guatemalan president Alfonso Portillo [Wikipedia profile] so that he can face charges of embezzlement for alleged misuse of defense department funds during his presidency, Mexican officials said Tuesday. The charges allege that officials tied to Portillo pocketed most of the $15 million he transferred to the Guatemalan defense department during his term in office from 2000 to 2004. The order requires Portillo must verify his presence in Mexico to a judge every Monday while extradition is pending, and immigration officials have been instructed to make sure he stays in the country.

Portillo's lawyer told AP that an appeal of the extradition order will be filed within the permitted 15-day time period. The trial may be delayed up to six months before the entire extradition procedure takes place. AP has more.

[JURIST] A British court Wednesday ordered the release of two brothers charged in connection with an alleged plot to blow up commercial planes [JURIST report] flying from Great Britain to the US in August. In a hearing at the City of Westminster Magistrates Court [official website], District Judge Quentin Purdy freed Umair Hussain and Mehran Hussain [GlobalSecurity profiles], saying there was not sufficient evidence to indicate they had further undisclosed information about the supposed role of a third brother, Nabeel Hussain [GlobalSecurity profile].

Nabeel was arrested during a raid in Britain after police uncovered a plan to build and detonate bombs on 10 planes bound for the US. He and ten others were charged [JURIST report] with conspiracy to murder and with preparing acts of terrorism under provisions of the Terrorism Act 2006 [text]. He was released on bail Friday along with a 17-year-old co-suspect. AP has more. Last week the judge presiding over the trial of the remaining suspects urged prosecutors and defense lawyers to avoid any further delays in the case [JURIST report], which is not expected to begin before 2008.

[JURIST] A UN human rights body has called the Communist Party of Nepal – Maoists (CPN-M) [party website] to stop its parallel law enforcement activities, which has resulted into "serious" human rights abuses in Nepal recently. "OHCHR-Nepal calls again on the CPN-M leadership to stop all parallel 'law enforcement' activities, and especially incidents of torture and ill-treatment," Sandra Beidas, Officer-in-Charge of OHCHR-Nepal said in a statement emailed to media on Tuesday, "State authorities have sole responsibility to arrest and detain criminal suspects, and it is essential for the re-establishment of the rule of law that all parties respect this."

The rebels, who are engaged in the ceasefire and peace talks with Nepalese government since April this year, have intensified their "law enforcement activities" in the recent days, especially in the Nepalese capital, Kathmandu. The UN body said such parallel "law enforcement" activities are "illegal" as well as in violation of international human rights standards to which CPN-Maoist has made repeated commitments.

OHCHR-Nepal says the activities are taking place despite the Maoists' commitments in September this year to respect international human rights standards. The rebel group, which has been in what they called People's War since February 1996, had then clearly stated that its cadres shall not conduct abductions, torture and ill-treatment, and that those responsible for such actions would be held accountable.

According to the UN body, the Maoists have abducted 39 individuals in the Kathmandu valley in October alone. The rebels themselves have declared on October 21 that they had taken more than 80 individuals in their captivity. The individuals had been held incommunicado in hidden locations, increasing their vulnerability to human rights abuses. OHCHR-Nepal also says the rebels have also at times prevented it from gaining immediate access to those in captivity.

Kiran Chapagain is a special correspondent for JURIST and an Assistant Senior Reporter for the Kathmandu Post. He is currently in New York as a Third Millennium Foundation fellow.

[JURIST] The National People's Congress of China [official website] Tuesday approved an amendment [press release] to the country's banking laws [text] which was written to combat corruption as global competition with the Chinese banking sector continues to increase. The amendment will make it easier for banking supervisory organizations to uncover illegalities in the banking sector by opening up investigations to include not only financial institutions, but also non-financial institutions and individuals with ties to financial bodies.

China [JURIST news archive] has seen a rise in fraudulent activities in the banking sector since e-banking and increased bank reforms have been introduced in the country. In 2005, over 450 incidents of bank fraud were uncovered, totaling more than more than one million yuan ($125,000). Legislators hope the new amendment will combat banking fraud as the Chinese banking sector is completely opened to the global economy at the end of 2006. AFP has more. China Daily has local coverage.

[JURIST] A senior judge in Iraq [JURIST news archive] has been kidnapped at gunpoint, a Salahudin provincial police colonel said Wednesday. Judge Sa'adoun Hassan al-Azzawi was kidnapped Tuesday night by gunmen while traveling in his car. Azzawi is the deputy head of the Tikrit court of appeal, and his abduction marks the third recent attack on judges by militants.

Kidnappings of judges, lawyers and legislators have been common in Iraq in recent months, including the abduction and murder of an assistant [JURIST report] to a trial lawyer representing a co-defendant of Saddam Hussein [JURIST news archive] and the deaths of three other defense lawyers [JURIST report] in the case. A Sunni Iraqi legislator was also kidnapped and released [JURIST report] in August. Xinhua has more.

[JURIST] Japanese Prime Minister Shinzo Abe [official profile; BBC profile] has again said that he plans to revise the country's constitution [text] to allow the country to better defend itself and to assist in international security efforts. In an interview [text] published Tuesday by the Financial Times, Abe said that provisions in the current constitution, which was written in 1947 after World War II, "no longer befit the reality of the day." In particular, Abe said he wants to revise Article 9 [text; Wikipedia backgrounder], which bars Japan [JURIST news archive] from maintaining military forces and from using force in international conflicts except in self-defense. Abe indicated that he plans to make the changes during his three-year term of office. Reuters has more.

Meanwhile, Japanese Chief Cabinet Secretary Yasuhisa Shiozaki [official profile] said that while Japan's current charter "theoretically and technically" allows the country to build nuclear weapons, the construction of such weapons does not mesh with governmental policy. Abe has denied [JURIST report] that he wants to revise the constitution in order to wage war abroad, and he has refrained from discussing the possibility of building nuclear weapons since taking office. Before becoming prime minister, however, Abe said that Japan was considering [JURIST report] whether a pre-emptive strike on North Korean missile bases would violate its constitution if there were no other way to prevent an attack from North Korea [JURIST news archive]. AFP has more.

[JURIST] Turkey's bid for European Union membership could be further damaged by an unreleased report on the country's human rights record, a draft version of which was obtained by the Independent. The report condemns Turkey's refusal to compromise on free speech issues or to allow ships from Cyprus to dock in Turkish ports. An emergency negotiation session has been scheduled this weekend to address EU concerns. Earlier this week, Turkish Prime Minister Tayyip Erdogan [official website; BBC profile] said that his government has no plans to abolish Article 301 [Amnesty backgrounder] of the country's penal code, despite EU warnings [JURIST report] that the law infringes upon free speech.

Article 301 makes it a crime to insult the Turkish identity and has been used to prosecute human rights defenders, journalists and other members of civil society. Turkish novelists Elif Shafak [personal website], Hrant Dink [Armeniapedia profile] and Orhan Pamuk [JURIST news archive] have all been charged under Article 301 for discussing the alleged Armenian genocide [ANI backgrounder; Turkish DC Embassy backgrounder]. Shafak was acquitted and Pamuk's charges were dismissed [JURIST reports], while Dink faces a retrial [JURIST report]. The Independent has more.

[JURIST] Serbian war crimes suspect and former nationalist politician Vojislav Seselj [BBC profile; ICTY case backgrounder], was removed from a court hearing at the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] Wednesday after he disrupted proceedings on several occasions. An ICTY appeals panel last month ruled that Seselj could represent himself [JURIST report] during his trial, but also appointed two lawyers - David Cooper and Andreas O'Shea - to assist Seselj with his defense if necessary. Seselj interrupted the lawyers when they attempted to speak Wednesday, calling them "spies" and demanding that the court remove them as assistant counsel. After being cautioned several times against making such outbursts, presiding Judge Alphons Orie removed Seselj from court.

After Seselj left the room, Cooper informed the judge that confusion over who was in charge of Seselj's defense prevented the team from adequately preparing for trial. The trial was originally scheduled to begin Thursday but has been delayed [JURIST report] in order to allow the defense more time to prepare. A hearing is scheduled for Friday to determine when the trial will begin.

Seselj was indicted by the tribunal in 2003 and charged [indictment, PDF] in connection with his role in establishing rogue paramilitary units affiliated with the ultra-nationalist Serbian Radical Party [party website, in Serbian]. Those units are believed to have massacred and otherwise persecuted Croats and other non-Serbs in the Balkan Wars of the 1990s. Seselj has pleaded not guilty to the charges. Reuters has more.

[JURIST] A UN human rights expert expressed concern Tuesday about human rights violations allegedly committed by a Mexican paramilitary group in the Mexican province of Oaxaca during clashes between protesters and the police. Rodolfo Stavenhagen [official website], the UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, cited "the killing and wounding by gunfire of innocent victims, arbitrary detention, enforced disappearances, illegal searches and breaches of due process." Tensions have been high in the tourist town of Oaxaca [BBC Q/A] since May, when a group of leftist labor and social organizations, who have since banded together as the Popular Assembly of the People of Oaxaca (APPO) [group website, in Spanish], occupied Oaxaca to demand the resignation of Gov. Ulises Ruiz [Wikipedia profile]. On October 27, four people were killed [AP report] and several others were wounded during police confrontations with the protestors.

Stavenhagen released a statement [text] Tuesday saying:

The Special Rapporteur is extremely concerned with the use of force to counter protests arising from deeply entrenched social issues and recommends the Federal and State authorities to fully comply, at all times, with Mexico's international human rights commitments.

The Special Rapporteur calls on the Mexican authorities to investigate the reported acts of violence, and to prosecute those responsible of these acts according to international standards. He also calls on both the Federal and state Governments to continue to seek a negotiated solution to the conflict, and to refrain from any further action that could block negotiations. He appeals to the Popular Assembly of Peoples of Oaxaca (APPO) and other social organizations to continue promoting dialogue between all the parties involved, in the search for a peaceful and negotiated solution to their various demands, and to avoid violent confrontations.

[JURIST] A Chinese intermediate appellate court has overturned and remanded back to the trial court the case of Chen Guangcheng [HRW case timeline], a blind Chinese human rights legal activist who was sentenced [JURIST report] in August to four years and three months in prison for damaging property and "organizing a mob to disturb traffic." Chen's lawyers argued that the punishment was not proportionate to the crime, and his supporters claim the charges were fabricated and Chen was actually arrested for reporting complaints of government-mandated abortions and forced sterilizations [TIME feature] to comply with the country's one-child policy.

Chen was tried without the assistance of his team of prominent Chinese lawyers, who were arrested during the trial [JURIST report] on charges of stealing a wallet. Human rights activists in China [JURIST news archive] characterize Chen's prosecution as indicative of China's uncompromising stance against public dissent. The appeals court decision to reverse and remand the case caught many by surprise, though the trial court that will re-hear the case is not obligated to acquit Chen on the charges. Reuters has more.

[JURIST] The government of Vietnam will repeal or abolish administrative Decree 31/CP [translated text], which authorizes restrictions on citizens who commit security violations not rising to the level of criminality, in advance of US President George W. Bush's scheduled November trip to the country, according to a US official speaking to AFP. AFP's State Department source said Vietnam intends to repeal the decree, which has been used to detain dissidents and human rights activists without trial for periods stretching from six months to two years. The US has pressured Vietnam to drop the decree since the resumption of human rights talks [JURIST report] in February after a three-year hiatus. Vietnam has yet to formally announce their position on the issue.

Vietnamese human rights advocacy group Viet Tan [advocacy website, in Vietnamese] brought the decree to the attention of the US Congress after it was promulgated in 1997, and has been lobbying for its repeal since. Vietnam released activist Nguyen Khac Toan [BBC report] in January, partially in response to international pressure. AFP has more.

[JURIST] A federal appeals court on Tuesday stayed an August district court ruling finding tobacco companies liable for civil racketeering charges [JURIST report; opinion], thus delaying enforcement of the accompanying remedial order [PDF text] that required the tobacco companies to publish "corrective statements" about the health impacts of their products and pay DOJ case costs [JURIST report]. The temporary stay will remain in effect until the US Court of Appeals for the District of Columbia Circuit [court website] issues an opinion reviewing the district court decision.

The tobacco companies requested the stay [PDF emergency motion] in early October, arguing that the district court order imposes huge financial burdens on the tobacco companies that would not be recovered if the tobacco companies win on appeal, and that the order would "likely cause defendants to lose market share, brand equity, and consumer goodwill." Furthermore, the tobacco companies argued that the order forces the companies to publicly admit wrongdoing, even though the tobacco companies dispute that they altered the nicotine levels in their products, and this "forced speech" constitutes irreparable injury. Philip Morris announced their intent to appeal [press release] the day after the ruling was handed down.

In August, US District Judge Gladys Kessler avoided imposing the costly penalties sought by the DOJ, including $10 billion for a smoking cessation program or $4 billion for a "counter-marketing" youth advertising program. During the litigation, a federal appeals court ruled that the government could not seek a $280 billion penalty [JURIST report] against the companies for past profits, instead limiting relief to prevention of future violations. The US Supreme Court denied certiorari [JURIST report; cert petition, PDF] to review that issue. Reuters has more.

[JURIST] US District Judge James Munley granted a temporary restraining order [PDF text] late Tuesday prohibiting the city of Hazleton, Pennsylvania [official website] from enforcing the city's Illegal Immigration Relief Act [PDF text] and Landlord Tenant Ordinance [PDF text]. The local laws, designed to make it more difficult for illegal immigrants to reside or work in the town, were set to take effect Wednesday morning.

Numerous community groups, business owners, and advocacy groups including the ACLU of Pennsylvania and Puerto Rican Legal Defense and Education Fund filed an amended complaint [PDF text; press release] Monday seeking the restraining order [motion, PDF; JURIST report]. The laws as initially written were delayed from taking effect [JURIST report] while the city made revisions to the measures and the second complaint alleged that the laws still violate the US Constitution because the federal government has the exclusive power to regulate immigration [CRS study]. Tuesday's temporary restraining order will block the laws from taking effect while the court considers the merits of the lawsuit. AP has more.