[JURIST] The Netherlands cabinet announced plans Friday to press for a ban on the wearing of the full-length Muslim burqa [Wikipedia backgrounder] and the niqab [BBC backgrounder], the Muslim headscarf for women that leaves only the eyes visible. Dutch Immigration Minister Rita Verdonk [official profile in Dutch] said the goverment cannot currently enforce a total ban on the garments because of laws governing religious freedom, which need to be accomodated. No European country currently imposes a comparable total prohibition.

Verdonk, known domestically as the "Iron Lady" for her tough anti-immigration initiatives, first floated [JURIST report] the ban last year, a majority of lawmakers endorsed a ban [NOS report] in December, and the cabinet was initially supposed to take up the issue [JURIST report] in March 2006. Reuters has more.

[JURIST] A Rwandan community court convicted a Catholic nun of genocide charges Friday for assisting in the Hutumassacre of Tutsis during the 1994 Rwandan genocide [HRW backgrounder; BBC backgrounder]. The nun, Theopister Mukakibibi, reportedly aided Hutu extremist groups and facilitated the slaughter of several hundred Tutsis who sought refuge in a Butare hospital during the 100-day massacre. She now faces a sentence of 30 years in jail.

The gacaca courts [official website; Wikipedia backgrounder] were created in 2001 to accelerate genocide trial proceedings in Rwanda [JURIST news archive] and are separate from the UN's International Criminal Tribunal for Rwanda (ICTR) [official website; JURIST news archive]. AP has more.

[JURIST] Italian prosecutors have reportedly added an 11-page handwritten note to their compilation of evidence in the case of the alleged 2003 CIA kidnapping [JURIST news archive; WP timeline] of Egyptian cleric Moustafa Hassan Nasr [Wikipedia profile] in Italy. In the note, Nasr, also known as Abu Omar, claims he was abused by his captors who allegedly issued threats of violence, electric shocks, and physical abuse. Italian judges have yet to authorize a trial in the case.

Prosecutors announced last month that they had completed their investigation [JURIST report] into the incident and are once again pressing for the extradition of 26 Americans [JURIST report] believed to be involved in the alleged extraordinary rendition [JURIST news archive]. Nasr was reportedly seized by CIA agents with the help of Italy’s Military Intelligence and Security Service (SISMI) [official website] on the streets of Milan in 2003 before being taken to an American airbase and on to Egypt. Reuters has more.

[JURIST] UK Home Secretary John Reid [official profile] has advocated a range of criminal sentencing reforms for UK courts in a consultation paper [text, PDF] released Thursday that accords judges greater discretion to increase sentences for dangerous criminals and advises judges to explicitly state the minimum and maximum sentences for defendants. The paper, entitled "Making Sentencing Clearer," suggests judges use language styled after that of US courts, where judges announce a range of time periods, such as 10 to 20 years, which represent the minimum and maximum punishment under the sentence and indicate that paroled prisoners could be returned for violating the terms of release. Reid also supports several measures that would lead to stiffer penalties for dangerous crimes, such as the addition of years for public confidence crimes, and the elimination of automatic halving of sentences. The recommendation to refrain from imposing jail time on non-violent offenders is aimed in part at reducing the number of inmates in the UK's overcrowded prison system. The paper also encourages judges to impose fines on less-serious non-violent offenders in lieu of imprisonment. While community penalties, such as curfew, are to be discouraged for low-level offenders to fight sentence inflation, they are to be increased for mid-level offenders who currently face jail time.

Debate over sentencing reform emerged as a political issue in Britain earlier this year after a judge contended that a child molester who received a life sentence [Sky News report] for abusing a three-year-old child would be eligible for parole as soon as 2012 under the Criminal Justice Act of 2003 [text]. UK Secretary of State for Constitutional Affairs and Lord Chancellor Lord Falconer said afterwards that judges were not to be blamed over the sentencing issue [JURIST report], but that "the problem is with the sentencing framework." The Guardian has more.

[JURIST] Canada's highest-ranking judges took the unusual step Thursday of responding publicly and negatively to a suggestion by Canadian Justice Minister Vic Toews [official website] that law enforcement representatives be added to the regional panels that screen candidates for federal judgeships, saying that no changes should take place without "meaningful consultation." The Canadian Judicial Council [official website], comprising the chief justices and associate chief justices of Canada's superior courts, issued a statement [text] expressing concern that

these changes, if made, will compromise the independence of the Advisory Committees. The committees have operated since 1988 as independent entities, for the purpose of ensuring that the government has the benefit of obtaining the best possible advice on making appointments to the Bench. Members of the committees are appointed by the judiciary, the Canadian bar, law societies of the provinces, the provincial attorneys general and the Minister of Justice.

The government's intentions were recently announced without any consultation taking place with the judiciary, the law societies or the Canadian Bar Association. This is contrary to a well-established convention followed by all previous governments since the inception of the committees.

[JURIST] Affirmative action coalition By Any Means Necessary (BAMN) [advocacy website] has filed a lawsuit [complaint, PDF] challenging the constitutionality of Proposal 2 [text, PDF], the amendment approved [JURIST report] by Michigan voters on Nov. 7 to restrict affirmative action [JURIST news archive] in state public employment, public education and state contracting. Wednesday's lawsuit claims that the amendment violates federal constitutional rights, arguing that equal protection requires some gender and racial groups be treated differently. The US Court of Appeals for the Ninth Circuit [official website], however, rejected an almost identical argument based on the 1996 passage of Prop 209 [text], which banned state affirmative action in California, the only state besides Washington and Michigan to do so. Nevertheless, legal experts speculate that more lawsuits will follow, especially before Prop 2 becomes effective on Dec. 22. Mary Sue Coleman [academic profile], chancellor of the University of Michigan, called the language of Prop 2 vague and questioned the legality of the amendment. Prop 2 explicitly applies to the University and its race-based admissions policies.

In 2003, the US Supreme Court ruled that the federal constitution permits the University of Michigan to consider race as a factor in the admissions process [JURIST symposium], upholding the University law school admissions policy [Grutter opinion text], while rejecting the more rigid undergraduate admissions system as discriminatory [Gratz opinion text]. The Detroit Free Press has local coverage.

[JURIST] A Leeds Crown Court jury entered a unanimous not guilty verdict Friday for British National Party (BNP) [party website; BBC profile] leader Nick Griffin [Wikipedia profile] and senior aide Mark Collett in their retrial on charges of inciting racial hatred [JURIST report]. Outside the courthouse, Griffin characterized the outcome as a victory for freedom against Tony Blair and accused BBC News [media website] of favoring the government and influencing the decision to prosecute the defendants. The charges stemmed from 2004 speeches in West Yorkshire, taped by the BBC, that showed Griffin calling Islam a "wicked, vicious faith" and Collett referring to those seeking asylum as "a little bit like cockroaches." During the retrial, Griffin contended he aimed his remarks at criminal followers of Islam, not at all non-white immigrants, and he quoted several passages of the Koran [Times Online report], alleging the quotes provide support for Islam's rejection of democracy and peace. The defendants also claimed that the speeches represented legitimate political dialogue [BNP backgrounder, PDF] from an official party, the BNP, which requires that all members must be of British or kindred European ethnic descent [BNP membership materials] and calls for the end to all non-white immigration to the UK and voluntary resettlement of non-whites to their countries of ethnic origin.

In February, the two men were cleared of similar charges of inciting racial hatred, but the jury failed to reach a verdict on all charges [BBC report], leading to a second trial. BBC News has more.

[JURIST] A UK man was convicted Thursday of inciting racial hatred during a February protest [BBC report] in London against publication of cartoons of the prophet Muhammad [JURIST news archive]. Mizanur Rahman, 23, was arrested after a rally at the Danish embassy in Chelsea and also charged with inciting murder, but the jury could not reach a verdict on that matter. During his trial at the Central Criminal Court at the Old Bailey [official website], prosecutors presented evidence that Rahman had called for more September 11-style attacks throughout Europe and for UK troops in Iraq to be sent home in body bags, while carrying a placard reading "Annihilate those who insult Islam." Rahman remains in custody until the prosecution decides whether a retrial on the issue of inciting murder should take place.

Defense counsel John Burton told the jury that offensive remarks could not sustain a conviction, asking them whether Rahman had exercised his freedom of speech or had committed a serious crime. Rahman stated during the trial that he did not think anyone would take him seriously. BBC News has more.

[JURIST] The Bush administration and Democrats on Capitol Hill appear likely to clash over legislation authorizing domestic surveillance [JURIST news archive] of suspected terrorists when the lame-duck Congress returns to Washington next week. During a Rose Garden appearance following a Cabinet meeting Thursday, President Bush urged lawmakers [transcript] to pass the Terrorist Surveillance Act, which he called an "important priority in the war on terror." The House version of the bill, which was passed in September [JURIST report], would allow warrantless surveillance for fixed periods following an "armed attack" or a "terrorist attack," or if the president perceives an "imminent threat of attack," with indefinite extensions pending congressional and court oversight.

Prospects for passage of a similar bill [summary] in the Senate are uncertain at best. Sen. Patrick Leahy (D-VT) [official website], in line to become chairman of the Senate Judiciary Committee in the new Congress was quoted in Friday's New York Times as saying that the Bush administration "first hid its domestic spying program from Congress and Americans for years, and when it was discovered, has ducked and weaved on its legal justifications." Although he called monitoring suspected terrorists "essential," Leahy said such surveillance "needs to be done lawfully and with adequate checks and balances to prevent abuses." Sen. Arlen Specter (R-PA) [JURIST news archive], the current Judiciary chairman, told the Times he was "not sure exactly how all that is going to work out" because of the "seismic change" in the Senate following Tuesday's elections.

Also on Thursday, Justice Department lawyers argued in US District Court in San Francisco that a lawsuit involving the National Security Agency's domestic surveillance program should not proceed until an appeals court considers whether the suit should have been dismissed [JURIST report] to protect state secrets. The same judge denied the DOJ's motion to dismiss the lawsuit [JURIST report] in July, finding that dismissal would offer "no apparent enhancement of security. The New York Times has more.

[JURIST] A Massachusetts legislature [official website] vote on a proposed constitutional amendment [DOC text] to ban same-sex marriage [JURIST news archive] has been postponed until January. Although opponents of same-sex marriage had obtained 170,000 signatures in favor of putting the measure before the legislature, they lacked the requisite support of one-quarter of the lawmakers to approve a vote. It now appears unlikely that a vote will be taken in time to include the proposal on the November 2008 ballot. Before the 109-87 vote to recess was taken Thursday, lawmakers unanimously rejected a proposed amendment to the Massachusetts Constitution [text] which would have dissolved existing same-sex marriages and banned future unions. AP has more.

Massachusetts [JURIST news archive] is currently the only US state to recognize same-sex marriage, after a November 2003 state high court ruling [JURIST report, background materials]. More than 8,000 couples have subsequently wed in the state, and the precedent has sparked a nationwide debate over gay marriage. Last week, Arizona voters rejected a constitutional amendment banning same-sex marriages [JURIST report], civil unions and domestic partnerships. At the same time, voters in seven other states - Colorado, Idaho, South Carolina, South Dakota, Tennessee, Virginia, and Wisconsin - approved ballot measures supporting traditional marriage. Last month, the New Jersey Supreme Court ruled [JURIST report] that same-sex couples must be afforded the same rights as heterosexual couples and gave the legislature 180 days to vote on whether to amend the state's marriage laws. Several similar cases have been decided or are pending in other states including California, Washington, Tennessee, Nebraska, and Connecticut [JURIST reports].

[JURIST] A US judge hearing a motion to move Malcolm Watson's parole sentence from Canada to New York has denied that the sex offender had been "exiled" or "banished" to Canada. Watson was convicted by a New York court [JURIST report] last month for endangering the welfare of a child and third-degree sexual abuse. The parties reached a plea bargain permitting him to serve his probation in Canada, where he currently resides with his family. The court prohibited Walton from entering the US except to meet with a probation officer. The deal spares the teen whom Watson was convicted of improperly touching from testifying in court; however, if Watson returns to the US, there may be a trial which requires her to appear.

US officials requested that Watson be permitted to serve his sentence in New York after harsh criticism from Canadian officials and a threat to deport Watson [JURIST reports] for allegedly violating the Canadian Immigrant and Refugee Protection Act [text]. According to Watson's lawyer, pressure from Canadian politicians should not affect the court's decision, and forcing Watson to relocate would "destroy" his family, whose home is established in Canada. Judge Thomas Kolbert of the Cheektowaga Town Court provided the parties with three more weeks to present information before he makes a ruling. The Globe and Mail has more. CP has additional coverage.

[JURIST] Indonesian prosecutors requested a three-year prison term Friday for American Richard Ness [defense website], the regional chief executive of Denver-based Newmont Mining Corporation [corporate website; JURIST news archive], an American gold-mining company with a subsidiary in Indonesia. Ness and Newmont face criminal charges [JURIST report] for allegedly dumping arsenic and mercury into the waters of Indonesia's Buyat Bay, a charge which could carry a 10-year prison sentence. Prosecutors are also seeking a $165,000 fine against the company. Earlier this year, Newmont settled a civil suit [JURIST report] brought by Indonesia for $30 million.

Under Indonesian law, prosecutors can make sentencing requests before a defendant is found guilty. The judge is free to consider or reject the recommendation of the prosecutor. AP has more.

[JURIST] Egyptian President Hosni Mubarak [official website; BBC profile] spoke out against the pending execution of Saddam Hussein [JURIST news archive] Thursday, saying it could push Iraq into even greater violence. Mubarak, believed to share the views of many Arab leaders, told Egyptian newspapers that hanging Hussein "will transform (Iraq) into blood pools and lead to a deepening of the sectarian and ethnic conflicts." Although leaders in Saudi Arabia, Egypt, and Libya [JURIST news archive] have mainly remained quiet after Hussein's sentencing, Syria [JURIST news archive] has similarly voiced objection to it, noting it was rendered with occupying US troops present in the country. AP has more.

Meanwhile in Europe Thursday, former Conservative foreign secretary Sir Malcolm Rifkind [official profile] accused the Bush Administration of timing Hussein's guilty verdict to coincide with midterm elections. Rifkind said on BBC One, "I think he was convicted several months ago and...I deeply suspect it was requested by the US as an attempt to help influence these elections. It didn't work and it shouldn't have been tried." The White House has vehemently denied playing a role in deciding when verdict would come down, and Rifkind acknowledged he had no specific evidence for his suspicions. The Guardian has more.

[JURIST] A Vietnamese court convicted three Vietnamese-born United States citizens for plotting "terrorist activities" [WP report] and ordered them deported from the country. Prosecutors said the three Americans, along with four other defendants, had plotted to drop leaflets, jam radio stations and plant bombs to protest the Communist-run government. In addition to deportation, the judge ordered 15-month prison sentences, but since the defendants have already been incarcerated for 14 months, they will be deported in December. Judge Vu Phi Long said the crimes deserved severe punishment, but the defendants deserved leniency because they had expressed remorse, had no previous criminal records and were politically naive.

Among those to be deported include Florida resident Nguyen Thuong Cuc, whose detention has been criticized by US supporters. Prosecutors believe the defendants to be supporters of Nguyen Huu Chanh [advocacy website; Wikipedia profile], a US resident and member of California-based advocacy group Government of Free Vietnam [advocacy website]. Chanh is currently being detained by South Korea and is awaiting extradition to Vietnam where he faces charges related to a plot to bomb Vietnamese embassies. The Washington Post has more.

[JURIST] South African lawmakers are expected to pass a civil unions bill next week after a parliamentary committee Thursday approved language without specific reference to heterosexual or same-sex couples that recognizes the "voluntary union of two persons, which is solemnized and registered by either a marriage or civil union." A party-line vote on the controversial measure [JURIST report] is anticipated Tuesday. Last year, South Africa's Constitutional Court [official website] gave the government until December 1 to draft new legislation after it found the nation's 1961 Marriage Act [1997 extension text, PDF] violated the South African Constitution [text] by discriminating against same sex couples.

Gay rights groups welcomed the new bill and use of the term "marriage," but expressed disappointment with an opt-out clause, which allows officiants to refuse to perform a same-sex ceremony if it conflicts with his or her "conscience, religion and belief." Christian groups voiced their opposition and the Democratic Alliance party expressed regret that the measure had been rushed through committee without adequate time for debate. This legislation makes South Africa [JURIST news archive] the first African country to recognize same-sex unions. Homosexuality is still outlawed in many African countries, including Zimbabwe, Kenya, Uganda, Nigeria, Tanzania, and Ghana. Canada, Belgium, Spain, and the Netherlands are the only nations that currently recognize full same-sex marriages [JURIST news archive]. AP has more.

[JURIST] In the latest string of judgments against Russia, the European Court of Human Rights [official website] Thursday held the country responsible for the deaths and disappearance of three people in Chechnya [BBC backgrounder]. In the first case [judgment; press release], the body of Nura Luluyeva, a nurse who disappeared in 2000, was found in a mass grave a year later and it was later shown that she died of physical injuries resulting from a severe beating. In the second case, Imakayeva v. Russia [judgment, press release], the court found that there had been multiple violations of the European Convention on Human Rights [text] with respect to the disappearance of a father and son in 2002 and 2000, respectively. Members of the victims' families in both cases were awarded monetary damages. Human rights groups in Russia estimate that between 3,000 and 5,000 disappearances have taken place since Russian troops moved into the region in 1999 to stop its moves for independence. Russia was held responsible for other Chechen deaths as recently as October and July [JURIST report]. Reuters has more.

The judgments come several weeks after an announcement by the ECHR that it would add Russian specialists and expand its secretariat by ten percent due to the flood of complaints from Russia. In 2005, 8781 complaints were lodged against Russia, a fifth of all complaints brought before the Court that year and the highest number against any state signatory to the European Convention on Human Rights. Lyudmila Alexeeva [official profile, in Russian; English profile], head of the human rights organization Moscow Helsinki Group [advocacy website] said that Russia's failed court system is the reason for the large number of applications from Russia. Luzius Wildhaber [official profile], chairman of the ECHR, suggested during a human rights conference in Moscow last month that the expanded staff will allow for the complaints to get resolved faster and promised to prioritize the consideration of the complaint [JURIST report] that alleges human rights violations during the trial of Mikhail Khodorkovsky [JURIST news archive], former head of oil company Yukos [JURIST news archive]. Kommersant has more.

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