[JURIST] UN Special Rapporteur on the independence of judges and lawyers [official website] Leandro Despouy Monday delivered his own scathing verdict on the Iraqi trial process which led over the weekend to a death sentence for ousted Iraqi president Saddam Hussein, urging the rapid establishment of an international tribunal to either reopen the proceeding or consider an appeal process. Cataloging the weaknesses of the Iraqi High Tribunal, Despouy said in a lengthy statement [text] from Geneva that he was especially concerned about such things as:

• Its doubtful legitimacy and credibility. The tribunal has been established during an occupation considered by many as illegal, is composed of judges who have been selected during this occupation, including non Iraqi citizens, and has been mainly financed by the United States....
  
• The negative impact of the violence and the insecurity prevailing in the course of the trial and in the country. Since its beginning one of the judges, five candidate judges, three defence lawyers and an employee of the tribunal have been killed. Moreover, another employee of the tribunal has been seriously injured.
  
• Finally, and most importantly, the lack of observance of a legal framework that conforms to international human rights principles and standards, in particular the right to be tried by an independent and impartial tribunal which upholds the right to a defence.

The Special Rapporteur welcomes the determination of the Iraqi Government to sanction the main authors of the atrocities committed during three decades in the country and its will to see the trial take place in Iraq. At the same time, he deems it essential that this will be expressed through a trial conducted by an independent tribunal, legitimately established, acting in absolute transparency and providing all guarantees for a fair trial, in accordance with international human rights standards. If those conditions are not fulfilled, the verdict of the Iraqi High Tribunal, far from contributing to the institutional credibility of Iraq and the rule of law, risks being seen as the expression of the verdict of the winners over the losers....

The trial of Saddam Hussein has a particular significance not only for the thousands of victims in Iraq but also for its symbolism in the fight against impunity throughout the world. In this context, the Special Rapporteur reiterates its proposal for the establishment of an independent, impartial and international tribunal with all the necessary guarantees to enable it to receive the support of the United Nations, and which will take advantage of the rich experience acquired by other international tribunals. Since the present verdict is subject to appeal, it opens the possibility to consider the establishment of such an international tribunal which can guarantee a fair trial, either by reopening the present trial or by dealing with the appellate stage. This should be done with urgency, to attenuate the negative impact this verdict already started to produce in Iraq and the proliferation of violence in the region. Another reason for the establishment of such a tribunal is that the current trial is only a stage in a larger judicial process, since it only examines seven charges, which include genocide and crime against humanity, amongst the numerous ones attributed to Saddam Hussein and his close collaborators.

The Special Rapporteur urges the Iraqi authorities not to carry out the death sentences imposed, as their application would represent a serious legal setback for the country and would be in open contradiction to the growing international tendency to abolish the death penalty, as demonstrated by the increasing number of ratifications of the Second Optional Protocol to the International Covenant of Civil and Political Rights.

It is clear that the verdict and its possible application will contribute deepen [sic] the armed violence and the political and religious polarization in Iraq, bringing with it the almost certain risk that the crisis will spread to the entire region.

[JURIST] Jaafar Moussawai [JURIST news archive], chief prosecutor in the trial of Saddam Hussein [JURIST news archive] for crimes against humanity in Dujail, said Monday that an appeals panel would likely rule on his verdict and sentence in mid-January 2007, setting the stage for his possible execution in mid-February. His comments echoed some made Sunday by Iraqi High Tribunal chief investigative judge Raed Juhi, who indicated at a press conference shortly after the reading of the verdict that Hussein's execution might be delayed by the appeals process [JURIST report] until early 2007. Article 27 of the statute of the Iraqi High Tribunal [text, PDF] requires a sentence to be carried out within 30 days of the appeals judgment; Article 27 also precludes any authority, including the president of the Iraqi Republic, from pardoning or reducing the penalties issued by the Tribunal.

AP reported Monday that Iraq's three-person Presidency Council, composed of President Jalal Talabani [official website, in Arabic; JURIST news archive] and two vice-presidents has already agreed to sign a death warrant for Saddam if it is presented to them. Talabani has repeatedly said he is personally opposed to the death penalty and will not sign himself [JURIST report], but he has delegated his signing authority to the Shiite vice-president, who will join with his Kurdish counterpart to make the warrant legally binding for all three. AP has more.

[JURIST] Lawyers for a southern California Indian tribe argued before the US DC Circuit Court of Appeals Monday that the tribe is exempt from the National Labor Relations Act [text] on grounds of tribal sovereignty. The San Manuel tribe [website] is appealing a 2004 ruling [PDF text] which asserted National Labor Relations Board [official website] jurisdiction over tribal businesses [AP report]. If the decision is upheld, tribes would be covered for the first time by the National Labor Relations Act, which bars unfair labor practices and gives workers the rights to organize and bargain with employers.

NLRB attorneys say they are trying to protect the rights of the more than 250,000 Indian casino workers across the country's 400 plus tribal casinos. Without the protection of federal labor regulations, unions doubt they will be able to guarantee fair labor practices and bargaining power for casino workers. AP has more.

[JURIST] US District Judge James Munley Monday extended a temporary restraining order [PDF text] blocking enforcement [JURIST report] of two Hazleton, Pennsylvania [official website] immigration laws for 120 days so that both sides can prepare for trial on their validity. The temporary restraining order was initially set to expire on November 14. Munley said that he would prefer that the trial commence within 90 days. The city's Illegal Immigration Relief Act [PDF text] and Landlord Tenant Ordinance [PDF text], adopted earlier this year and later revised in anticipation of challenge, were designed to make it more difficult for undocumented immigrants to live or work in Hazleton. Under the new laws, landlords would be fined for renting housing to undocumented immigrants, and tenants would be required to register with the city and to purchase a rental permit; businesses hiring undocumented immigrants would be denied business permits.

Last week a coalition of community groups, business owners, and advocacy groups including the ACLU of Pennsylvania and Puerto Rican Legal Defense and Education Fund [advocacy websites] filed an amended complaint [PDF text; press release] seeking the restraining order [motion, PDF; JURIST report]. The city claims the laws are necessary to protect legal residents from crime. AP has more.

[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [transcript, PDF] Monday in Wallace v. Chicago Police Officers [Duke Law case backgrounder; merit briefs], 05-1240, a case where a man illegally arrested is seeking to sue the police officers responsible for his arrest. Andre Wallace was arrested without probable cause in 1994, convicted, and released from prison in 2002 after an Illinois court reversed the conviction. He subsequently filed a civil rights lawsuit under 42 USC 1983 [text] against the police officers involved, but his case was dismissed because he did not file the lawsuit within the two-year statute of limitations. Wallace argues that the two-year period began accruing when he was released from prison, but the US Court of Appeals for the Seventh Circuit held [opinion, PDF] that false arrest claims accrue at the time of arrest. Though some justices seemed to favor Wallace, Chief Justice John Roberts expressed concern that Wallace's argument would create indefinite uncertainty for police officers. AP has more.

Also Monday, the Court heard oral arguments [transcript, PDF] in Marrama v. Citizens Bank of Massachusetts [Duke Law case backgrounder; merit briefs], 05-996, a case concerning Section 706(a) [text] of the bankruptcy code and the question of when a debtor may convert a Chapter 7 bankruptcy to a case under Chapter 13 [texts]. Marrama initially filed a bankruptcy petition under Chapter 7 but then attempted to convert his case to a Chapter 13 petition in order to preserve his interest in an $85,000 piece of property. Citizens Bank challenged the conversion, and the bankruptcy court refused to allow the conversion due to Marrama's bad faith. This decision was upheld on appeal and was also affirmed [PDF text] by the US Court of Appeals for the First Circuit, which ruled that the bankruptcy court properly denied conversion for bad faith.

[JURIST] Mohammad Munaf, a US citizen convicted and sentenced to death by an Iraqi judge, asked [PDF text] the US Supreme Court [official website] Monday to delay his transfer to Iraqi custody while US courts consider his case. Munaf was arrested in Romania in 2005 on kidnapping charges [JURIST report] for allegedly kidnapping and detaining three Romanian journalists for 55 days in Iraq. He was convicted by an Iraqi court last month, but he has argued [JURIST report] that the Iraqi trial violated his due process protections as a US citizen because he was not confronted with the evidence brought against him, and he was prevented from presenting his own exculpatory evidence.

The US District Court for the District of Columbia in October denied [JURIST report] an emergency motion [text, PDF; declaration, PDF] to prevent the US military from surrendering Munaf to Iraqi officials to face the death penalty. Munaf is currently in the custody of the Multi-National Force - Iraq [official website] and the District Court denied Munaf's motion [opinion, PDF], saying that because Munaf is "in the custody of a multinational entity and not the United States" the court did not have jurisdiction to hear his appeal. The US Court of Appeals for the District of Columbia also denied [PDF text; JURIST report] Munaf's motion for injunctive relief, but ordered the US military to refrain from releasing Munaf into Iraqi custody pending an appeal to the US Supreme Court. AFP has more.

ALSO ON JURIST  Comment: Habeas denial creates blank check for executive imprisonment | Comment: Habeas and the Munaf case

[JURIST] The War Crimes Chamber of the Court of Bosnia and Herzegovina [HRW backgrounder] Monday began the trial [press release] of Momcilo Mandic [US DOS backgrounder], a former interior minister and then justice minister in the Bosnian Serb government of Radovan Karadzic [ICTY case backgrounder] from 1992-95. Mandic pleaded not guilty in July to charges [JURIST reports] of war crimes, crimes against humanity, embezzlement and fraud. Mandic was charged in connection with his efforts to offer Karadzic financial support while in hiding and Mandic's management of correctional facilities in the Serb-controlled area of Bosnia, which allegedly illegally imprisoned many non-Serbs. Officials arrested Mandic [JURIST report] in August 2005.

Karadzic and former Bosnian Serb army chief Ratko Mladic [ICTY case backgrounder; JURIST news archive] are wanted by the International Tribunal for the former Yugoslavia (ICTY) [official website] for alleged crimes committed during Bosnia's 1992-95 civil war, including organizing the 1995 slaughter of 8,000 Muslims in Srebrenica [JURIST news archive]. Reuters has more.

[JURIST] Several more European leaders voiced concern Monday over the death sentence [JURIST report; BBC Q/A] handed down over the weekend for Saddam Hussein and two co-defendants in the Dujail crimes against humanity case [JURIST news archive; BBC trial timeline]. In a London press conference, UK Prime Minister Tony Blair said the Iraqi High Tribunal's guilty verdict served as a reminder [press release] of the brutality of Hussein's regime, but noted [AP report] that Britain opposes the death penalty, "whether it's Saddam or anyone else." Top officials in the Council of Europe [official website] added that the death penalty "sends a dangerous message to the region" [statement]. Rene van der Linden, president of the COE Parliamentary Assembly, said the sentence announces that "the new Iraq is to be built on vengeance rather than respect for fundamental human values. Iraq today does not need more death. Capital punishment is wrong – even for the worst crimes – and I appeal to the Iraqi authorities not to carry out this sentence." In a separate statement [text], COE Secretary General Terry Davis said that "Saddam Hussein was a ruthless dictator and he must pay for his crimes, but executing him would be futile and wrong. What Iraqi people need is justice not retribution."

Monday's comments followed similarly critical statements [BBC report] Sunday by the Finnish Presidency of the European Union and by Spanish Prime Minister Jose Luis Zapatero, who observed that death penalties are "not provided for in any legal system in the EU or, of course, in our country."

4:55 PM ET - Meeting in Paris Monday, the Italian and French foreign ministers also indicated their countries' opposition to the death penalty in the Saddam case. Italian Foreign Minister Massimo D'Alema told reporters that a death sentence would only increase the risk of civil war in Iraq, and said his government had appealed to the Iraqis not to undertake the execution. French Foreign Minister Philippe Douste-Blazy agreed, citing both security and ethical objections to the death sentence. Reuters has more.

[JURIST] An Italian court on Monday convicted Egyptian Rabei Osman Sayed Ahmed [CBC profile] for his role in the 2004 Madrid train bombings [JURIST news archive], sentencing him to ten years in prison. Ahmed's trial began earlier this year [JURIST report] and marks the first conviction for any suspects in the bombings, which killed 191 people and injured almost 2000 more. Prosecutors had alleged that Ahmed helped orchestrate [JURIST report] the Madrid attacks and later sought to recruit extremists in Milan. Reuters has more.

In a related development, Spanish prosecutors announced Monday that they will seek jail terms for convicted suspects that will extend well beyond their lives. Prosecutor Olga Sanchez said that she will seek sentences of over 38,000 years each for seven of 29 suspects [JURIST report] expected to go on trial in February [JURIST report]. Sanchez calculated the jail terms by adding 30 year terms for each of the 191 bombing deaths and 18 year terms for each of 1,820 attempted murders of persons injured but not killed. Spanish law required Sanchez to request jail terms amounting to thousands of years because Spain does not allow life sentences without the possibility of parole. Sanchez will likely send her final report to the National Court this week formally requesting the jail terms. AP has more.

[JURIST] Iraqi authorities Monday began the delicate process of lifting the curfew [JURIST report] imposed in Baghdad and two other provinces over the weekend in anticipation of possible violence following Sunday's announcement of the Dujail trial verdict against ousted Iraqi president Saddam Hussein [JURIST news archive]. Civilians are now allowed to go into the streets, but a traffic ban in the capital will remain until Tuesday. There were some incidents of gunfire reported Sunday after the death sentence against Hussein was handed down, and three people were reported wounded at a Shiite rally in a Baghdad district but no large-scale demonstrations have yet materialized. In towns surrounding Baghdad [AP report], however, hundreds of Shiites turned out to march in celebration of the verdict, while hundreds of Sunnis rallied to protest it. Some 250 Sunni marchers in Baqouba were dispersed by police Monday for breaking the curfew; local reports claim that two people were killed and three wounded [VOI report] when security forces moved in. BBC News has more.

Hussein and two co-defendants were convicted and sentenced to death by hanging [AP recorded video] for crimes against humanity [charging instrument, PDF] committed in the Iraqi town of Dujail [JURIST news archive; BBC trial timeline]. Hussein was charged [JURIST report] with killing, torturing and illegally detaining Dujail residents, including 148 Shiites [JURIST report], after an unsuccessful attempt on his life there in 1982.

[JURIST] Judicial independence has been threatened by legislative and executive branches of government across the country, former US Supreme Court Justice Sandra Day O'Connor [OYEZ profile] told a group of 800 judges, lawyers, and others at the Ninth Circuit Judicial Conference [official website] Friday. On Tuesday, South Dakota voters will vote on a referendum known as the "Jail 4 Judges" initiative, which would establish a grand jury with the power to indict judges based on their official legal determinations. An O'Connor editorial, published in October by the Wall Street Journal, warned of the South Dakota referendum as an example of judicial intimidation [JURIST report].

Earlier this year, both O'Connor and Supreme Court Justice Ruth Bader Ginsburg [OYEZ profile] said they had received death threats [JURIST report] after Republican politicians criticized judges for citing foreign law or being "activist" in their rulings. US Attorney General Alberto Gonzales has acknowledged that the security of judges is becoming a national concern [JURIST report]. O'Connor, the first woman ever on the US Supreme Court, retired in January [JURIST report] after 25 years on the bench. AP has more.

[JURIST] Iraq, Haiti, Guinea, and Myanmar rank as the world's most corrupt nations in 2006 according to the latest annual Transparency International Corruption Perceptions Index [corruption index; press release] released Monday. The report shows a strong link between poverty and corruption as perceived by experts, with nearly three-fourths of the 163 ranked countries scoring below a five, the score that indicates concern. Finland, Iceland, and New Zealand scored the highest as the least-corrupt countries. Countries that saw significant improvement since the 2005 results [JURIST report] include India, Japan, Lebanon, Turkey, and the Czech Republic. The US, Cuba, Israel, Jordan, and Brazil sank in the rankings.

The report said:

The weak performance of many countries indicates that the facilitators of corruption continue to assist political elites to launder, store and otherwise profit from unjustly acquired wealth, which often includes looted state assets. The presence of willing intermediaries -- who are often trained in or who operate from leading economies -- encourages corruption; it means the corrupt know there will be a banker, accountant, lawyer or other specialist ready to help them generate, move or store their illicit income.

[JURIST] Former Thai Prime Minister Thaksin Shinawatra [JURIST news archive] is prepared to return to Thailand to answer to possible corruption charges, Thaksin's lawyer said Monday, though Thailand has struggled to find evidence [JURIST report] of Thaksin's alleged corruption following September's bloodless military coup [JURIST report]. Coup leaders have maintained that Thaksin was overthrown in part due to his involvement in corrupt dealings while in power. Thaksin said he will not contemplate a return until Thailand revokes martial law, which was imposed during the coup and has been condemned by human rights groups and the US government [JURIST reports]. The Thai government has said martial law will remain until Thaksin supporters quell their protests [JURIST report].

Interim Thai Prime Minister Chulanont Surayud [official website; BBC profile] announced last week that the government also intends to investigate human rights violations that allegedly occurred during Thaksin's term in power. AFP has more.

[JURIST] South Korean cloning scientist Hwang Woo-Suk [BBC profile] has filed a lawsuit seeking reinstatement to his former position as a university professor, arguing that he should not have been fired in response to fraud, embezzlement, and bioethics charges [JURIST report] connected to his claims to have produced stem cell lines by cloning human embryos. Hwang is on trial [JURIST report] for accepting private donations based on falsified stem cell research. A report [summary] by scientists at Seoul National University discredited Hwang's human cloning claims, and the journal Science retracted Hwang's articles [Science report, PDF] about the research.

In his reinstatement lawsuit, Hwang argues that Alzheimer's patients and others who could benefit in the future from Hwang's stem cell research were harmed by Hwang's dismissal, which prevents him from conducting stem cell research. AP has more.

[JURIST] A business associate of former South African Deputy President Jacob Zuma [party profile] lost his appeal Monday on corruption charges [JURIST report] before the highest appeals court in South Africa, leaving Zuma's name tarnished as a potential presidential candidate. Businessman Schabir Shaik was accused of paying Zuma for political favors, and on appeal [JURIST report], the South African Supreme Court of Appeals [official website] found that enough evidence existed to support the case and the 15-year jail term handed down to Shaik.

South African President Thabo Mbeki [BBC profile] fired Zuma [JURIST report] from his position last year after Shaik was initially found guilty. Zuma has indicated repeatedly that he intends to run against Mbeki in the 2009 presidential election. In June, the African National Congress [party website] reinstated Zuma to his deputy president position within the party after he was acquitted on rape charges [JURIST reports]. In September, a high court judge tossed the corruption charges brought against Zuma himself [JURIST report], saying prosecutors had failed to follow proper procedures, though the charges may be brought again in the future. The Financial Times has more.

[JURIST] Statistics indicate that the US Justice Department has declined to prosecute 87 percent of all terrorism case referrals from the FBI in fiscal year 2006, according to new findings [TRAC materials] released by Syracuse University's Transactional Records Access Clearinghouse (TRAC) [official website]. The numbers, obtained by TRAC from the Executive Office for US Attorneys [official website], show that while the Bureau has hired more employees since the Sept. 11 terror attacks [JURIST news archive], the FBI has filed fewer prosecutions in white collar crime, drugs, and organized crime cases, has filed fewer prosecutions in terrorism cases, and has obtained shorter average sentences [TRAC graphs] in terrorism cases than in previous years.

FBI assistant director John Miller [official profile] told AP the TRAC report was intellectually dishonest because the FBI has changed its tactics since the Sept. 11 attacks to focus on information-gathering that often does not lead to prosecutions. Another spokesperson said the TRAC statistics did not discriminate between real and prank terrorism reports. An earlier TRAC study [text] released in September also indicated that the number of terrorism-related prosecutions has sharply declined [JURIST report] after Sept. 11 and that less than half of those convicted on terror charges received prison sentences. AP has more.