[JURIST] The US Army [official website] said [press release] Friday that commanders on the ground have prevented Army Sgt. Santos A. Cardona [JURIST news archive], found guilty in June of abusing detainees at Iraq's Abu Ghraib prison [JURIST news archive], from being redeployed to Iraq out of fear for his safety. Cardona was convicted [JURIST report] of two counts of abuse and dereliction of duty for incidents involving the use of unmuzzled dogs against prisoners [JURIST report]. TIME magazine reported Thursday that he was being redeployed with his unit.

Cardona chose to remain in the military with the 23rd Military Police Company [official website] after completing his sentence to 90 days of hard labor [JURIST report], which did not include jail time but did include $600 a month for 12 months in fines and a demotion from sergeant to specialist. He no longer handles dog related duties in the unit. AP has more.

[JURIST] British-based bank Barclays PLC [corporate website] announced [press release, PDF] Friday that it has reached an agreement with Enron [corporate website; JURIST news archive] to settle litigation in the US Bankruptcy Court for the Southern District of New York [official website; case documents] relating to Enron’s bankruptcy estate. Barclays has agreed to pay Enron $144 million in the settlement, which discharges all claims by Enron against Barclays in respect of the bank's alleged assistance in developing financial structures that hid the state of Enron's earnings and helped propel the company's collapse. Barclays is still entitled to pursue claims of its own against Enron totaling $310 million in respect of lost loans and other damages. Barclays denies any wrongdoing in the case and claims to have settled with Enron because it is “preferable to the time, expense, and unpredictability of litigation.”

Barclays is one of several banks that have been accused of engaging in fraudulent financial transactions [JURIST report] to assist Enron in hiding its fiscal distress. AP has more.

[JURIST] Canadian Justice Minister Vic Toews [official website] said Friday that the Canadian government will not appeal an October 19 Ontario Superior Court decision [JURIST report] that threw out secrecy-related provisions of the Security of Information Act [CSIS backgrounder; text] as unconstitutional. The Canadian Department of Justice [official website] announced that the government will instead consider future legislative options [press release] to address the constitutional issues raised by the court's decision.

Friday's announcement responds to the first of two Canadian court decisions last month that ruled unconstitutional portions of the Anti-Terrorism Act [text; CBC backgrounder] that was passed three months after the Sept. 11 attacks [JURIST news archive] on the United States. In a separate decision last week, the Superior Court of Ontario ruled that a section of the act that defines "terrorism" is unconstitutionally vague [JURIST report] and contradicts several provisions of the Canadian Charter of Rights and Freedoms [text]. Toews said afterwards that the Canadian government would review and consider appealing [JURIST report] the ruling [text, PDF]. AFP has more. CBC News has local coverage.

[JURIST] The War Crimes Chamber of the Court of Bosnia and Herzegovina [official website; HRW backgrounder] Friday convicted former Bosnian Serb military commander Marko Samardzija [press release; case backgrounder] of crimes against humanity for ordering the massacre of at least 144 Muslisms from the Kljuc region in 1992 during the 1992-1995 ethnic war between Serbs, Bosnian Muslims, and Croats. The court sentenced Samardija to a prison term of 26 years, the longest sentence yet handed down by the Sarajevo-based court. On Friday the court also convicted and sentenced Nikola Kovacevic [press release; case backgrounder] to a 12-year prison term for the beating and inhumane transportation of Muslims and Croats to the Manjaca detention camp from the Sanski Most region in 1992.

The Bosnian War Crimes Chamber [JURIST news archive] was established in March 2005 [JURIST report] to ease the backlog of the International Criminal Tribunal for the former Yugoslavia [official website; JURIST news archive], currently trying to bring all its work to completion by 2010. Reuters has more.

[JURIST] Iraq's defense minister Friday canceled leave for Iraqi soldiers and summoned all military personnel currently on leave to return to station in preparation for potential violence after the anticipated announcement of a verdict in the first Saddam Hussein trial [JURIST news archive] on Sunday. The order was given in a video of a meeting between top Iraqi military and civilian leaders released by the office of Prime Minister Nouri al-Maliki [BBC profile]. The same video showed Maliki criticizing the military for not stopping escalating violence in Baghdad. Maliki also mentioned implementing a curfew, but the Defense Ministry has not confirmed this measure.

Violence between Sunni Arabs and Shiites may flare after the verdict especially if it includes the death penalty for Saddam, an outcome which Maliki and many Shiites have supported [JURIST report]. The case, which involves charges of crimes against humanity committed in Dujail [JURIST news archive], will be decided by a majority of a five-judge panel from the Iraqi High Tribunal and will be subject to review by nine judges. There is, however, no guarantee of a Sunday verdict - last week the chief prosecutor for the trial said that a decision could yet be put off by a further two weeks in order to give the court more time to review evidence. AP has more.

[JURIST] The US Department of Justice (DOJ) [official website] has warned federal prosecutors about leaking information on ongoing investigations of legislators to the media in advance of the upcoming mid-term elections. In recent months, several news outlets have identified federal officials as sources for reports about probes into allegedly improper actions by prominent lawmakers, including former Florida representative Mark Foley [JURIST news archive] and Rep. Curt Weldon (R-PA) [official website]. FBI [official website] Director Robert S. Mueller III [official profile] warned employees against sharing information about current investigations via e-mail last week, although the FBI has not confirmed whether any leaked information came from the bureau.

DOJ officials contend that the leaks may affect upcoming polls, especially those in battleground areas, even when they report inactive investigations, such as the inquiry into Rep. Jane Harman (D-CA) [official website]. Officials also fear that recent leaks could compromise ongoing investigations, for example forcing federal officials to conduct raids related to the Weldon probe earlier in order to prevent destruction of evidence in light of news reports. The New York Times has more.

[JURIST] The new government of Thailand [JURIST news archive] has dropped charges against 92 Muslim participants in a 2004 anti-government protest. The news comes a day after interim Prime Minister Chulanont Surayud [official website, BBC profile] apologized to Muslim leaders in the southern Pattani province for the former government's crackdown on an Islamic insurgency. Surayud, who came to power after a bloodless coup [JURIST report] in September led by commander Gen. Sonthi Boonyaratkalin, the highest-ranking Muslim in the Thai army, also confirmed that the new government will investigate human rights abuses [JURIST report] allegedly committed by the administration of former Prime Minister Thaksin Shinawatra [BBC profile].

The 92 Muslims were charged in 2004 with instigating public disorder and disobeying authorities in the protest, which resulted in 85 deaths. Nearly 2,000 people have died in sectarian violence in Thailand's southern region over the past three years. The Asian Human Rights Commission [advocacy group press release] praised the government's actions but called for the prosecutions of those responsible for killing the protesters. Meanwhile, the Working Group on Justice for Peace, which is representing the protesters, has said that it will continue to seek civil damages. The government of neighboring and predominantly-Muslim Malaysia has also praised Surayud [Bernama report] for his initiative, calling that a "step in the right direction." Reuters has more.

[JURIST] Medicaid [official website; JURIST news archive] assistance will be available to infants under the age of one year born in the US to illegal immigrants only if they have citizenship documentation, according to Bush administration officials quoted in the New York Times Friday. The new policy requires illegal immigrant parents to file an application with Medicaid and provide citizenship proof, such as a birth certificate or a hospital record. The administration claims that the new policy is mandated by the Deficit Reduction Act (DRA) [text, PDF], which established strict requirements for proof of citizenship to prevent Medicaid fraud. Many health care professionals and immigrant rights activists have denounced the policy, asserting that it will impede children from receiving care at a crucial stage of development because illegal parents will be reluctant to apply for government documentation for fear of deportation. Under the old policy, which continued to be followed following the legislation's passage earlier this year, any child born in the US and satisfying the low-income requirements became entitled to health insurance from birth until one year of age.

The availability of Medicaid benefits to illegal immigrants has lately polarized the health care and political communities, forcing the balance of preventing fraud and high costs with providing care to low-income applicants. In July, the Centers for Medicare and Medicaid Services exempted most elderly and disabled applicants [JURIST report] who previously applied for benefits from the proof of citizenship requirement under the DRA. The New York Times has more.

[JURIST] The first lady of Taiwan [JURIST news archive] has been indicted on charges of embezzling $448,000 in state funds and falsifying documents. The state prosecutor's office says there is enough evidence of wrongdoing to also indict her husband President Chen Shui-bian [official profile, BBC profile], but Article 52 of the constitution [text] specifically grants Chen immunity from criminal prosecution with the exception of acts of treason or rebellion until he has been recalled, relieved of his functions, or leaves office at the end of his term in 2008. The acts allegedly took place between July 2002 and March 2006, and three of Chen's former aides have also been indicted for their participation. Chen's son-in-law and former top advisor also face indictments for corruption.

The indictment of Wu Shu-chen has fueled ongoing protests [BBC report] in Taiwan involving tens of thousands of people calling for Chen's resignation. Last month, a second attempt at holding a referendum [JURIST report] on whether to oust Chen was defeated in parliament. The New York Times has more. Asia Times Online has additional coverage.

[JURIST] The government of Senegal indicated Thursday that it will reexamine its local laws in order to bring to justice former Chad dictator Hissene Habre [JURIST news archive, BBC profile], now living in Senegal. In 1992 a Chadian Truth Commission report accused Habre of committing some 40,000 acts of murder and torture of political opponents during his rule from 1982 to 1990. The Senegalese courts dismissed an action against Habre in 2001 [HRW case backgrounder], claiming that they lacked jurisdiction over crimes committed elsewhere. The courts later refused to extradite Habre pursuant to an international arrest warrant [JURIST reports] that a Belgian court issued pursuant to its universal jurisdiction laws [HRW backgrounder].

Pressure from the African Union and the UN Committee Against Torture [official websites] have prompted Senegal to revisit its position on Habre. In May, the UN committee gave Senegal 90 days to try Habre or extradite him [JURIST report] to a country that would. Later during a July 2006 African Union summit, President Abdoulaye Wade [official profile, in French; BBC profile] agreed to try Habre [JURIST report] in Senegal. Habre remains under arrest [JURIST report] in the country. AP has more.

[JURIST] The Federal Communications Commission (FCC) [official website] delayed a vote on the proposed $82.2 billion merger of BellSouth and AT&T [corporate websites] for the third time Thursday. The measure was previously delayed [JURIST report] to allow Democrats on the commission more time to study the proposal. An FCC official told Reuters that the group had made little progress in reaching a consensus.

The measure must be approved by a majority of the five FCC commissioners. Republicans hold a 3-2 majority, but Republican Commissioner Robert McDowell will abstain from voting because a conflict of interest. If a deadlock occurs, FCC Chairman Kevin Martin could petition the FCC general counsel to allow McDowell to vote.

The merger had already been approved [text] without reservation by the US Department of Justice Antitrust Division [official website] following an eight-month investigation that concluded that AT&T's proposed acquisition of BellSouth was not likely to "substantially reduce competition" in the US telecom market. Reuters has more.

[JURIST] US President George W. Bush [JURIST news archive] urged voters at campaign rallies in Montana and Nevada Thursday to vote Republican so that the Senate can continue to confirm key judicial nominees "who will not legislate from the bench." Bush pointed to Chief Justice John Roberts [OYEZ profile; JURIST news archive] and Justice Samuel Alito [OYEZ profile; JURIST news archive] to the US Supreme Court as examples of "good judges" that have been approved by a Republican-controlled Senate. Roberts was confirmed to the US Supreme Court [JURIST report] last year, but a previous nomination to the US Court of Appeals for the District of Columbia Circuit was blocked by the Senate when it was controlled by Democrats.

In remarks [transcript] at a campaign rally in Nevada, Bush said:

So when you cast your ballot on Tuesday, your vote will ... determine what kind of judges sit on federal benches around the United States. At this moment, there are about 50 vacancies on the federal bench, and so it's vital to maintain a Republican Senate, so we can confirm the men and women I have nominated. ...

Our record on judges is clear. With the support of [Republican senators], we have confirmed good judges to the district courts, the circuit courts, and the Supreme Court. And this country is better off with John Roberts and Sam Alito as members of the United States Supreme Court.

A vote for a Democrat senator in this state or in any state in which there's a senatorial election is a vote against highly-qualified judges like these. All you have to do is look at the records. When the Democrats held the Senate, they denied hearings to one-third of my nominees to the court of appeals. See, they've got a record. You can rest assured what's going to happen if the Democrats take over the Senate. When they lost the majority in 2002, they changed their tactics. Instead of not giving them hearings, they just simply filibustered them. They tried the same tactics when Sam Alito's Supreme Court nomination came before the Senate. More than half of Senate Democrats voted to filibuster him. When he finally got his vote, 44 Democrats voted no. ...

The same thing happened to John Roberts. When I nominated him for the D.C. Circuit, it took -- he had been denied a hearing when another President Bush named him. So he finally got his name up; he got in, and then the Senate finally confirmed him. I will just tell you this: If the Senate were controlled by Democrats, John Roberts would still be waiting for a hearing. ...

If you want good, sound, conservative judges who will not legislate from the bench, you send Republicans back to the United States Senate.

[JURIST] The investigation into abuses committed during Argentina's Dirty War [GlobalSecurity backgrounder; JURIST news archive] has been expanded to include the tenure of former President Isabel Peron [Wikipedia profile], a government minister said Thursday. Peron, the wife of late President Juan Peron [Wikipedia profile], took office in 1974 but was ousted in a 1976 coup. During her tenure, leftist guerrillas and death squads committed killings and kidnappings that led to the subsequent "Dirty War" waged by the new military government. The new investigation is focused on the actions of Peron's security forces prior to the military regime.

Police officials said they have been tasked with determining the location of Peron, who has been in exile in Spain since 1981, and her former cabinet members. A lawyer for Peron told a local television station in Argentina [JURIST news archive] that accusations shouldn't be made against Peron 30 years after she left office. AP has more. The Buenos Aires Herald has local coverage.