[JURIST] US Defense Department Deputy Assistant Secretary for Detainee Affairs Charles "Cully" Stimson [JURIST news archive] resigned Friday in the aftermath of a backlash to remarks [JURIST report] he made in a radio interview [recorded audio] last month criticizing lawyers at top US law firms for representing Guantanamo detainees pro bono. A Defense Department spokesman said Stimson was not asked to leave, but decided to resign after determining that his comments had permanently damaged his ability to be effective. Despite Stimson's later apology for his comments [JURIST report], criticism of them persisted, with the Bar Association of San Francisco [association website] asking the State Bar of California [official website] last week to investigate Stimson for ethics violations [press release].

Stimson’s remarks included a prediction that "when corporate CEOs see that those firms are representing the very terrorists who hit their bottom line in 2001 those CEOs are going to make those law firms choose between representing terrorists or representing reputable firms." Companies including Boston Scientific, General Electric, and Verizon [corporate websites] nonetheless issued statements [Boston Globe report] supporting the decisions of the law firms they worked with to defend Guantanamo detainees, many of whom have been imprisoned for over six years. Stimson also insinuated that some attorneys were not being truthful about representing the detainees pro bono, and were instead possibly receiving money from terror supporters. AP has more.

[JURIST] A federal judge ruled [PDF text] Friday that the US Army Corps of Engineers [official website] can be sued by victims of Hurricane Katrina [JURIST news archive] flood damage who allege the Corps ignored warnings that the Mississippi River-Gulf Outlet (MRGO) [Wikipedia backgrounder] contained defects that exacerbated the flooding. In his opinion denying the Corps' motion to dismiss, Judge Stanwood R. Duval Jr. [official profile] of the US Eastern District of Louisiana [official website; Katrina canal breach materials] said he would allow the suit to continue because it wasn't clear that the government had immunity, which it would have if the MRGO were a flood control project, but it may not if it were a "navigable waterway."

Three months before Hurricane Katrina struck New Orleans, an expert at the LSU Hurricane Center [official website] predicted that the MRGO could amplify storm surges by 20-40 percent. After Katrina, the center determined through computer modeling that the presence of the MRGO also increased the speed of the surge, causing an even greater detrimental effect [Washington Post report]. AP has more.

[JURIST] UN High Commissioner for Human Rights Louise Arbour [official profile; JURIST profile] on Friday criticized [press release] the amnesty resolution [JURIST report] adopted by the lower house of the Afghan parliament Thursday. The resolution, part of a national reconciliation effort, extends official pardons to warlords and alleged war criminals. It stands in stark contrast to the Action Plan on Peace, Reconciliation and Justice [text] announced by Afghan president Hamid Karzai [BBC profile; JURIST news archive] in December, which provides no amnesty for such criminals and calls for an end to the country's "culture of impunity."

Arbour expressed concern over the measure, saying that national reconciliation must uphold legal and international human rights standards in order to be effective:

The engagement of Parliament in the national reconciliation process is crucial. At the same time, however,those responsible for serious human rights violations must be brought to justice. This is vital both for this and future generations. Experience has shown time and again that effective and durable national reconciliation must be based on respect for international human rights standards and the rule of law, and must not come at their expense

[JURIST] US Sen. Patrick Leahy (D-VT) [official website], chair of the Senate Judiciary Committee said Thursday that he intends to ask [recorded video] the Government Accountability Office [official website] to look into why Canadian citizen Maher Arar [advocacy website; JURIST news archive] remains on the US terror watch list. Leahy and Sen. Arlen Specter (R-PA) [official website], former committee chairman and current ranking Republican, met with US Justice Department officials this week hoping to determine why Arar was taken by the US to Syria, where he claims to have been tortured, instead of to his home country of Canada, but Leahy and Specter said Thursday that the meeting failed to convince them that Arar's deportation was justified. The Bush administration has continuously defended [JURIST report] its decision to deport Arar, and refuses to remove Arar from its terror watch list.

Arar, a 34 year old Syrian-born Canadian who moved to Canada with his parents when he was 17, was detained in 2002 by US authorities while on a stopover at JFK airport when returning to Canada from Tunisia. He was subsequently transferred to Syria, where he was imprisoned and tortured. Last week the Canadian government officially apologized for its role in the US deportation, and announced a settlement [JURIST report] with Arar of $10.5 million (CAD) compensation for pain and suffering plus legal fees. The final report [text, PDF] of the Arar Commission [official website], the Canadian judicial inquiry into the incident, found that the US decision to deport Arar was "very likely" based on inaccurate, unfair and overstated information [JURIST report] about him passed on by the RCMP [official website], Canada's federal police force. The Commissioner of the RCMP later resigned over the incident. The Toronto Star has more. Canada's Globe and Mail has additional coverage.

[JURIST] The Michigan Court of Appeals [official website] has ruled [opinion text, PDF] that an amendment to the state constitution [PDF text] defining marriage as between a man and a woman also prohibits Michigan public employers from offering benefits, such as health insurance, to same-sex partners of homosexual employees. The appeals court overturned a lower court decision [PDF text] finding no conflict between the 2004 amendment [PDF text; DFP coverage] and providing the benefits.

In its ruling Thursday, the court wrote:

It is undisputed that under the marriage amendment, heterosexual couples that have not married also may not obtain employment benefits as a couple on the basis of an agreement "recognized as a marriage or similar union for any purpose. . . ." [T]he amendment is grounded in the longstanding and legitimate governmental interest in favoring the institution of marriage. . . . [T]he amendment is narrowly tailored to further the legitimate governmental interest in protecting and strengthening the institution of marriage, and not to arbitrarily or invidiously exclude individuals from the protections of the laws of this state. . . .

Because the marriage amendment does not make arbitrary or invidious distinctions in furthering the legitimate governmental interests of the state, [the marriage amendment] does not violate the equal protection guarantee of the Michigan constitution. . . .

The marriage amendment's plain language prohibits public employers from recognizing same-sex unions for any purpose.

[JURIST] The United Nations Friday released a plan for Kosovo [JURIST news archive] to govern itself as a multi-ethnic society that it says safeguards the rights of all groups within its territory. An executive summary of the plan was issued to Serbian and Albanian leaders by Special Envoy for the Future Status Process Marrti Ahtisaari [official profile] and will be negotiated before its finalization and submission to the UN Security Council. The plan includes the creation of a constitution which will protect the rights of all ethnic groups, emphasizing their cultures, languages and religions. Kosovo's two million inhabitants consist of roughly 1.5 million ethnic Albanians, 100,000 Serbs, and smaller populations of Bosnians, Turks and other ethnic groups. These groups will all be represented in the judiciary, police and political institutions, which will be monitored by an EU Mission in Kosovo [official website].

Other features of the plan include recognition of the rights of displaced persons to return and reclaim their property with the cooperation of the International Committee of the Red Cross [advocacy website]. During the transition, a multi-ethnic security force will work with NATO troops to ensure order. Finally, decentralization will be a goal, with the Serbian population gaining control over health care, education and other services for its population. The UN News Service has more. AP has additional coverage.

[JURIST] Australian Minister of Justice Chris Ellison [official website] Friday offered the Australian government's strongest criticism yet of the US government's 5-year detention without charge of Australian citizen David Hicks [JURIST news archive] at Guantanamo Bay [JURIST news archive], calling it "totally inappropriate" and urging that a trial be held quickly. Ellison has not, however, endorsed a letter signed by 96 members of Australian Parliament and sent to US Speaker of the House Nancy Pelosi [official website] on Thursday. The letter [press release], which urges the US Congress to support Hicks' return to Australia for trial, bears the signature of only one Australian government official [AAP report]; Ellison has stressed that the government is united in its desire to force charges and a trial for Hicks.

Hicks has yet to be re-charged after the lapse of his original 2004 charges [text, PDF] in the wake of the US Supreme Court's finding in June of last year that US military commissions originally established by President Bush to try Guantanamo detainees were unconstitutional and required Congressional authorization. Hicks was originally detained in Afghanistan while allegedly fighting for the Taliban. ABC News has more. CBS News has additional coverage.

[JURIST] Judicial reform in China should be managed by the Chinese Communist Party [official website] rather than by reformers and non-governmental organizations, according to an article [Xinhua report] published Thursday by China's top law enforcement official. Luo Gan [official website; BBC profile], a member of the ruling Politburo Standing Committee, wrote the article in the party's Qiushi (Seeking Truth) Journal, referring to those who seek to reform the judiciary as "hostile forces." "All law enforcement activities should be led by the party," continued Luo. "All reform measures should be conducive to the socialist system and the strengthening of the party leadership." Last month, the party announced plans to intensify its anti-corruption campaign, following complaints by China's chief justice [JURIST reports] of court corruption and systemic failures to implement court orders.

Luo also addressed criticisms of judicial corruption, writing that the judiciary should "safeguard social justice and fairness" and advocating "harsh punishments" for those convicted of crimes committed in the sale of land and the reform of state enterprises. The article encouraged labor sentences, however, a policy that human rights groups have condemned for targeting political opponents and minor offenders. While Luo urged the government to heed the international community's reaction to its policies, it also stated that NGOs should be "closely monitored." Reuters has more.

[JURIST] The US Court of Appeals for the Fourth Circuit [official website] heard oral arguments Thursday regarding the government's power to designate "enemy combatants" and subject them to military detention without charge. The case centers on Ali al-Marri [Brennan Center case materials], an Illinois student who has been detained since December 2001. A year and a half after al-Marri's arrest, in May 2003, he was charged with credit card fraud and lying to the FBI [complaint]. Shortly before his trial, however, President Bush declared him an enemy combatant [CNN report] and had him removed to the Naval Consolidated Brig in Charleston, South Carolina. Al-Marri has alleged cruel and inhumane treatment [JURIST report] in the Charleston facility.

The oral arguments in Richmond were characterized by piercing questions from the judges over when someone can be arrested in the US, declared an enemy combatant and subjected to military detention. Judge Dianna Gribbon Motz suggested that criminal prosecution would be more appropriate in al-Marri's case. A decision from the court is expected soon. The New York Times has more.

[JURIST] The War Crimes Chamber of the Court of Bosnia and Herzegovina [official website; HRW backgrounder] has indicted [PDF text; press release] former Bosnian Muslim military commander Sefik Alic for acting contrary to Article 3(1)(a) of the Third Geneva Conventions [text; ICRC backgrounder] by subjecting prisoners to inhuman treatment and depriving them of their life. Alic allegedly took custody of four Serb prisoners from the Army of Srpska Krajina in August of 1995, and participated in the physical and psychological abuse of the prisoners. Alic is also accused of having failed to ensure the safety of the prisoners, which resulted in their killings by soldiers under Alic's command. The indictment, released Thursday, also states that Alic failed to report the killings to his superiors and did not take adequate action to investigate the killings and punish the perpetrators.

The Bosnian War Crimes Chamber, tasked to investigate and prosecute atrocities during the 1992-1995 ethnic war between Serbs, Bosnian Muslims, and Croats, 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], which is currently trying to complete all its work by 2010. AFP has more.

[JURIST] Tennessee Governor Phil Bredesen [official profile] issued an executive order [PDF text; press release] Thursday, directing the Tennessee Commissioner of Corrections to conduct a "comprehensive review of the manner in which death sentences are administered... and provide [the governor] new protocols and related written procedures in administering death sentences in Tennessee" no later than May 2, 2007. Executive Order No. 43 also grants reprieves to four inmates on death row until May 2, 2007, and revoked existing procedures and related protocols used to administer the death penalty [JURIST news archive]. Tennessee currently administers the death penalty by lethal injection and electrocution.

Last week, a North Carolina state judge issued an injunction [JURIST report] blocking two executions until Governor Mike Easley issues new procedures to execute capital defendants without the presence of doctors. Capital punishment has also been suspended in Florida and California [JURIST reports]. In early-January, the New Jersey Death Penalty Commission recommended abolishing the death penalty [JURIST report] and replacing it with a life sentence without the possibility of parole. An increased number of states have begun to review the administration of the death penalty following the botched execution of Angel Diaz [Amnesty profile] in December 2006. The New York Times has more. AP has additional coverage.

[JURIST] The Bulgarian National Assembly [official website, in English] on Friday adopted [press release] amendments to its constitution [text, in English] in an effort to increase the efficiency and transparency of the country's judiciary. The amendments, required for entry to the European Union [official website], were passed on their third reading, 192-28, with six members abstaining. Under the new changes, judges, prosecutors, and state investigators will no longer be entitled to full immunity, and instead limited immunity will be restricted to officials acting in their official capacities. A new monitoring body, to be elected by members of parliament, was also established. Constitutional changes in Bulgaria require a majority consisting of at least "three quarters of the votes of all Members of the National Assembly in three ballots on three different days."

Bulgaria [JURIST news archive] joined the EU [JURIST report] on January 1, 2007, following six years of accession negotiations. In February of last year, the National Assembly approved [JURIST report] the amendments at first reading following warnings from the EU over corruption in Bulgaria and potential delays in joining the bloc [JURIST report]. AFP has more.

[JURIST] Montana filed a lawsuit Thursday against Wyoming [JURIST news archives] in the US Supreme Court [official website; JURIST news archive] for allegedly violating a 1950 agreement allocating water rights [Wikipedia backgrounder] to two tributaries of the Yellowstone River. In a motion, complaint and brief [PDF text], Montana Attorney General Mike McGrath asserted that Wyoming had breached the Yellowstone River Compact [DOC text and summary] by failing to keep consumption of water from the Tongue and Powder rivers within the compact's limits - specifically, by allowing water storage facilities to be built and irrigation to be expanded. Montana claims that, as a result of Wyoming's actions, its ranchers, farmers and other water users are suffering "substantial and irreparable injury." McGrath asked the court to order Wyoming to abide by the compact and to award Montana damages, interest and costs. North Dakota [JURIST news archive], the third signatory to the compact, is also named as a defendant, but Montana is not seeking relief from that state.

Montana filed the lawsuit after the Yellowstone River Compact Commission [official website] last month rejected a resolution that would have adopted Montana's interpretation of the compact. "In the West, a deal is still a deal," Montana Gov. Brian Schweitzer [official website] said Thursday in a press release [text]. "Wyoming signed a compact that said Montana would get its fair share of water and Wyoming has not been holding up its end of the deal." In a statement [text] responding to the lawsuit, Wyoming Gov. Dave Freudenthal [official website] said his state has "strictly honored" the compact. The statement continued:

Prior to 2004, Wyoming and Montana agreed on how the compact operated. Since 2004, Montana has been agitating for a fight. I guess they finally threw the first punch. I am confidant [sic] that Wyoming will prevail on this claim, but I am disappointed that Wyoming will be forced to expend millions of dollars to defend a claim that has no merit.