[JURIST] Freed Egyptian cleric Hassan Mustafa Osama Nasr [Wikipedia profile; JURIST news archive], the victim of an alleged 2003 CIA kidnapping [JURIST news archive; WP timeline] and extraordinary rendition [JURIST news archive] from Milan, is planning a lawsuit against the United States and Italy, according to his lawyer Montasser al-Zayat [Arab News profile]. Zayat told the Washington Post Monday after Nasr's release [JURIST report] that he would be seeking damages for kidnapping, moral and financial losses, and psychological trauma.

Italian prosecutors have already accused [JURIST report] 25 alleged CIA operatives in connection with Nasr's kidnapping, but no indictments have yet been issued. Zayat said his client also planned to sue former Italian Prime Minister Silvio Berlusconi [BBC profile], whom he accuses of giving free rein to the CIA. The Washington Post has more.

[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] on Tuesday upheld [opinion, PDF] a freeze on the assets of the Islamic-American Relief Agency [archived website] of Columbia, Missouri on the grounds that it was an affiliate of the Islamic African Relief Agency [US Treasury statement], a Sudanese group accused of funneling money to al-Qaida and other terrorist groups. The IARA had argued that it and its Sudanese counterpart operate with separate leaders and bank accounts. The Missouri-based charity did not, however, contest the alleged terror connections of its Sudanese partners.

The charity argued the freeze denied its constitutional rights, but the appellate court held that "[w]here an organization is found to have supported terrorism, government actions to suspend that support are not unconstitutional." While it admitted unclassified evidence presented at trial was "not overwhelming," the court said it would be "extremely deferential" to the government in cases pertaining to national security. AP has more.

[JURIST] US Marine Lance Cpl. Robert B. Pennington [advocacy website] pleaded guilty Tuesday to charges [DOC text] of murder, kidnapping, housebreaking, larceny and conspiracy for his role in the death of Iraqi civilian Hashim Ibrahim Awad [Wikipedia profile] in Hamdania [USMC timeline; JURIST news archive] in April 2006. A military judge at Camp Pendleton [official website] will sentence Pennington during a two-day hearing if his guilty plea is accepted. In November, Pennington claimed [JURIST report] that agents from the Naval Criminal Investigative Service [official website] blocked his access to a defense lawyer and threatened him with the death penalty during interviews after the April incident, in an effort to prevent the prosecution from using statements he made during his court-martial. NCIS agents have denied Pennington's allegations.

Charges were also re-issued Tuesday against US Marine Cpl. Trent Thomas, who was the fifth serviceman to plead guilty [JURIST report] in the Hamdania case during a court hearing in January. Thomas later withdrew his guilty plea [JURIST report] on the second day of his sentencing hearing in February after saying he no longer believed he was guilty, but rather that he was following a lawful order from superiors. US Marine Lance Cpl. Jerry E. Shumate Jr., Marine Pfc. John J. Jodka, Navy Petty Officer 3rd Class Melson J. Bacos, [JURIST reports] and Marine Lance Cpl. Tyler Jackson [advocacy website; JURIST report] have also pleaded guilty in exchange for their testimony in the case, in which seven Marines and one Navy corpsman were originally charged [JURIST report]. Reuters has more.

[JURIST] A federal judge in Raleigh, North Carolina Tuesday sentenced David Passaro [Raleigh News and Observer materials; Wikipedia profile] to eight years and four months in prison as well as three years of supervised release on charges [JURIST report] related to his abuse of a detainee in Afghanistan [JURIST report]. Passaro was convicted [JURIST report] last year on three misdemeanor counts of simple assault and one felony count of assault resulting in the bodily injury of Afghan prisoner Abdul Wali [Wikipedia profile], who later died in US custody. Passaro was not actually charged with Wali's death and US District Judge Terrence Boyle [official profile] said the absence of an autopsy on Wali contributed to Passaro avoiding a murder charge.

Passaro is the first and only US civilian to be tried in connection with detainee abuse in Iraq or Afghanistan. AP has more.

[JURIST] A bill to end forced marriages was proposed in the parliament of Pakistan [JURIST news archive] by the ruling Pakistan Muslim League-Q party (Quaid) [official website] Tuesday. The Prevention of Anti-women Practices Bill 2006 would also outlaw a tribal custom in which a woman is compelled to marry into a rival tribe or family to settle a dispute. Each offense would be punished with up to three years in prison and a fine. Anyone preventing a woman from marrying, a common tactic used to keep a family's property from passing to her husband, would also receive a penalty of up to seven years in prison. The bill is set to be discussed in a parliamentary committee before a vote is taken. Prime Minister Shaukat Aziz [official profile] said the bill would not introduce any laws contrary to the Quran [Pakistan Link report].

President Pervez Musharraf [official website; BBC profile] joined in advocating an expansion of rights for women in Pakistan. In December, Musharraf signed a rape reform law [JURIST report] that allowed rape cases to be tried in secular as well as Islamic courts. That law has met with protest from conservative groups [JURIST report]. AP has more. The Daily Times has more.

[JURIST] Former CIA executive director Kyle "Dusty" Foggo [Wikipedia profile] and defense contractor Brent Wilkes [Newsweek profile] were indicted by a grand jury Tuesday on charges connected with the case of former Congressman Randy "Duke" Cunningham [official profile]. The FBI launched an investigation [JURIST report] of the two men in May, after Cunningham pleaded guilty [JURIST report] to taking $2.4 million in bribes from Wilkes and others in return for federal contracts. While the exact charges are not yet clear, AP has learned that they involve a conspiracy between Wilkes and John T. Michael, nephew of New York businessman Thomas Kontogiannis [San Diego Union Tribune report], to bribe Cunningham. Wilkes is also alleged to have received $12 million in unlawful government contracts for his company ADCS [corporate website] after taking Foggo, a childhood friend, on trips to Hawaii and Scotland.

Foggo directed the daily operations of the CIA from 2004 until May 2006 after working with the agency for 25 years. His resignation coincided with that of former CIA Director Porter Goss [JURIST report]. While Foggo has maintained his innocence in the bribery scandal, he has admitted to attending card games at hotels that were allegedly provided to Cunningham by Wilkes. AP has more.

[JURIST] The American Bar Association (ABA) [official website] House of Delegates adopted new policies Monday reforming the Model Code of Judicial Conduct [text, PDF; ABA backgrounder] to limit certain political activities of judges. The adopted rules include a prohibition on campaign promises regarding cases that a judge may later hear and guidelines for receiving gifts. The new guideines also changed the old rule that judges should avoid "the appearance of impropriety" to a suggestion that they do so. This change sparked controversy when it was proposed, prompting one former advisor to the ABA commission to resign [JURIST report]. The Conference of Chief Justices (CCJ) issued a resolution [text] oposing the change and calling for the rule's reinstatement [press release].

For the first time, the model rules were amended to include prohibitions against sexual harassment, although some advocacy groups believe these changes do not go far enough [AP report]. The 546-member House of Delegates also came out against the "criminalization of homelessness," and encouraged the legal profession to search for solutions other than punishing those who eat or sleep in public. Based on recommendations from the ABA Task Force on Hurricane Katrina [official website], the House also adopted a rule permitting lawyers from other jurisdictions to provide pro bono services in areas affected by emergencies. Additional policies were adopted regarding the conditions of youth resident treatment facilities, legal assistance for low-income military personnel, and the resources available to those facing trial in the criminal justice system. ABA News has more.

[JURIST] The South Dakota House State Affairs committee [official website] has approved a new bill [House Bill 1293 materials] that would criminalize abortions in the state, but grant exceptions for rape, aggravated incest and to prevent the death of the mother. According to the bill, "the state has a right and duty to protect the life of the unborn child, and to protect the life, health, and well-being of any pregnant woman within its jurisdiction, and it is therefore necessary to reasonably balance these interests to allow abortions only in [these] certain circumstances." Last year, the South Dakota legislature passed [JURIST report] a law banning most abortions [text, PDF] in the state, but voters rejected it [JURIST report] at the polls in November. If the latest measure is approved by the state legislature, South Dakotans will vote on it during the next state general election.

Last month, the US Court of Appeals for the Eighth Circuit [official website] announced that it will rehear arguments on a preliminary injunction imposed last year [JURIST report] which prevented the enforcement of a similar 2005 South Dakota abortion law [text]. The Argus Leader has more.

[JURIST] The International Commission of Jurists (ICJ) [advocacy website] has urged Nepal [JURIST news archive] to adopt an amendment in its interim constitution creating a fully independent judiciary. In a letter to Subhash Nemwang, the speaker of the Parliament, ICJ General Secretary Nicholas Howen [official profile] recommended amending the interim constitution to clearly state that the judiciary is to be independent. The ICJ letter also recommended including provisions about discrimination, fundamental rights, rights against enforced disappearances, freedom of expression and emergency powers. Legal News from Nepal has more.

The House of Representatives in Nepal adopted [JURIST report] the country's draft interim constitution [eKantipur highlights; JURIST news archive] last month, following its approval by the Nepalese cabinet [JURIST report]. The interim constitution simultaneously provides for the dissolution of the current House of Representatives and the creation of an interim parliament with 25 percent of seats to be held by former Maoist insurgents. The new representative body will have to draft a permanent constitution as well as resolve the status of King Gyanendra [official profile] and the Nepalese monarchy.

[JURIST] A British judge issued a ruling Tuesday in the case of seven British soldiers facing court-martial [MOD press release; JURIST report] for charges relating to the abuse of Iraqi detainees. Justice Stuart McKinnon ordered the ruling to remain private, however, until it is read to a military board of officers acting as a jury. Since the courts-martial against the soldiers are ongoing, it is believed parts of McKinnon's ruling could be prejudicial to some of the defendants. One of the seven soldiers, Corporal David Payne, pleaded guilty in September 2006 to a charge of inhumane treatment [JURIST report], becoming the first British soldier to admit committing a war crime in Iraq. Two other soldiers are also charged with inhumane treatment; both pleaded not guilty under the International Criminal Court Act 2001 (ICCA) [text]. The remaining soldiers face prosecution for duty contrary to the British Army Act 1955 [text], including negligent performance of duty and assault.

In September 2006, a prosecutor in the case told a British court-martial that senior UK military officers should be held responsible for the abuse of Iraqi detainees [JURIST report] in UK custody because they failed to develop adequate checking procedures on junior personnel. A British Army major testified in November 2006 that a military legal adviser approved techniques for preparing Iraqi detainees [JURIST report] for interrogation with techniques that allegedly violated the Geneva Conventions [ICRC materials]. The charges stem from a 2003 raid on a hotel in Basra in which British military confiscated weapons and explosives contraband, and detained several Iraqi civilians, including hotel receptionist Baha Mousa [BBC report; JURIST report], who died while in custody. The soldiers allegedly took the Iraqis to a detention facility where they were held for 36 hours and subjected to physical abuse, causing Mousa's death, according to prosecutors. AP has more.

NEW ON JURIST  Op-ed: The Legal Case Against War With Iran

[JURIST] Draft legislation [HR 328 materials] granting the District of Columbia a vote in the US House of Representatives is most likely unconstitutional, according to a report [text, PDF] by the Congressional Research Service (CRS) [LOC backgrounder] made public Monday. Article I, Section 2, Clause 1 of the US Constitution says: "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature." The CRS report concludes that "not only is the District of Columbia not a 'state' for purposes of representation, but ...congressional power over the District of Columbia does not represent a sufficient power to grant congressional representation." Although the CRS report is not binding, it is regarded as likely to discourage members of Congress from voting in favor of granting DC a House vote, even though there have been strong voices raised in support of the proposal [DCVote advocacy materials].

Last month, the House of Representatives passed a resolution [H.Res. 78 materials] amending House rules and granting limited voting rights to federal lawmakers from five US nonstate territories, including the District of Columbia, in the Committee of the Whole. In contrast to granting a full House vote to DC, CRS stated that such a procedural change "would be largely symbolic, [and as such] these amendments to the House Rules are likely to pass constitutional muster." The Washington Post has more.

[JURIST] A top legal advisor to the European Court of Justice (ECJ) [official website; JURIST news archive] reported Tuesday that a German law protecting Volkswagen [official website], Europe's largest carmaker, from takeovers is protectionist and should be repealed. Advocate General Damaso Ruiz-Jarabo said a law that prevents any shareholder from exercising more than 20 percent of the carmaker's voting rights, no matter how large their stake is, restricts the free movement of capital [press release, PDF] and "strengthens the position of the Federal Government and the Land, preventing any intervention in the management of the company." The European Commission [official website] initially challenged the German law in March 2005.

Although an Advocate General's opinion is not binding, the ECJ has followed it in more than half the times it has been offered. ECJ judges will now begin deliberations. There are eight Advocate Generals in the ECJ, who work to present impartially reasoned opinions [ECJ backgrounder] on cases brought before the Court. France and Germany, Italy, Spain and the United Kingdom each appoint one, while the others are appointed on a rotating basis by other member states. Reuters has more.

[JURIST] The Mexican Senate [official website] will vote Wednesday on a bill to reduce the punishment for possessing "personal use" amounts of certain drugs for first-time offenders, Mexican lawmakers announced Monday. The bill imposes only a fine on first-time offenders found in possession of 1 gram or less of drugs like marijuana. According to Mexican Senator and Senate Judiciary president Alejandro Gonzalez Alcocer [official profile], a clause legalizing small amounts for all drug "consumers" that was mistakenly present in the House version of the bill will be eliminated from the Senate version. Additionally, the new measure allows the use of traditional hallucinogens in Indian rituals, and exempts addicts who are undergoing drug treatment. AP has more.

Last April, the Mexican Congress approved a more liberal bill [AP report] that legalized the possession of small amounts of some drugs for personal use across the board. Mexican President Vicente Fox [official website, in Spanish] originally planned to approve the bill, but then reversed his position [JURIST reports] following criticism from the US State Department that it would promote "drug tourism" by prompting masses of young Americans to travel to Mexico to buy illegal drugs. The Mexican Congress began work in June to revise the bill [JURIST report], hoping to override the potential veto by Fox.

[JURIST] Republic of Guinea [official website, in French; US Department of State backgrounder] President Lansana Conte [BBC profile] declared martial law Monday after several days of violence left at least 27 dead. The rioting began Saturday after Conte appointed a close ally from the Guinea cabinet, Eugene Camara, as prime minister. Opposition leaders said the appointment violated an agreement struck with trade unions last month to share ruling power with the prime minister, accusing Conte of cronyism and alleging that Camara's close allegiance to Conte renders the agreement meaningless [IOL report].

The emergency declaration institutes a strict curfew and authorizes the military to monitor phone calls and to put under house arrest anyone who engages in activities against the state. According to the annual Transparency International Corruption Perceptions Index [text] released in November, Guinea ranked as one of the world's most corrupt nations [JURIST report] in 2006. Conte said martial law will continue in the country through February 23. AP has more.

[JURIST] Russian military prosecutors said Monday that they plan to launch a probe into allegations that young men serving their mandatory military conscription [HRW backgrounder] period are being forced into prostitution by fellow soldiers. The Union of Soldiers' Mothers Committees [advocacy website], a soldiers' rights group, brought the allegations to light by telling the story of an anonymous soldier from interior troops unit No. 3727 who was beaten by his comrades and told he must earn money for them. Similar claims were made against soldiers in unit 3727 a few years ago, but prosecutors did not investigate the complaints.

Stories of abuse by seasoned Russian soldiers against younger conscripts have made going into service unpopular. Last year, a Russian military court found an army sergeant guilty of abuse of power [JURIST report] and sentenced him to four years in jail for beating and torturing a conscript soldier [JURIST report]. Many Russian men ages 18 to 27 avoid mandated military service by going to college, paying bribes, or revealing disqualifying health reasons, which are often fabricated. In the face of accumulating problems with conscription, Russian President Vladimir Putin signed a law last July that shortens the conscription term [JURIST report] and wipes out five accepted reasons for military draft deferments. AP has more.

[JURIST] Chicago Sun-Times columnist Robert Novak [CST website] testified Monday that former vice-presidential aide I. Lewis "Scooter" Libby [defense website] did not leak to him the identity of former undercover CIA operative Valerie Plame [Wikipedia backgrounder]. Both Novak and Washington Post reporter Bob Woodward testified that it was former Deputy Secretary of State Richard Armitage [official profile] who had told them about Plame's identity. Plame and her husband, former Ambassador Joseph Wilson, sued Armitage [JURIST report] in September for serving as the primary source responsible for disclosing Plame's CIA affiliation after he admitted [JURIST report] to unintentionally leaking her identity.

In July 2006, Novak revealed [JURIST report] that Karl Rove [official profile], President Bush's top political advisor, was one of two secondary sources who confirmed that Plame was employed by the CIA and helped initiate the ambassador's 2002 mission to Niger. It was Novak's July 2003 column that publicly outed Plame, thus igniting the CIA leak scandal [JURIST news archive]. Libby is not charged with leaking Plame's identity, but instead faces perjury and obstruction of justice charges [indictment, PDF; JURIST report] in connection with the investigation into the leak. The prosecution rested [JURIST report] its case in the trial late last week. Reuters has more.

[JURIST] The Taipei High Prosecutors Office [official website, English version] in Taiwan indicted Nationalist Party (KMT) [party website, in Chinese] leader Ma Ying-jeou [official website, in Chinese; Wikipedia profile] Tuesday on corruption charges. The allegations against Ma, who had been considered a top contender in the 2008 presidential elections, involve $333,000 taken from a city expense fund during his term as mayor of Taipei [official website, English version] during 2002 to 2006. Ma has denied that any of the funds were removed for his personal use and members of his opposition party have pointed out that such monies are often taken and used for legitimate reasons including paying bonuses to municipal workers.

The Harvard-trained lawyer resigned as KMT party chair after being indicted Tuesday, but said he would still run in the 2008 presidential elections if selected as the KMT candidate. The Chinese government in Beijing is believed to have supported Ma's potential candidacy as his party is in favor of unifying Taiwan and China [JURIST report]. Ma has been an outspoken opponent of current Taiwanese President Chen Shui-bian [official website, English version; BBC profile], who, along with his family, has also been implicated in several corruption scandals [JURIST report]. AP has more. The Taipei Times has local coverage.

[JURIST] The Brussels Court of First Instance ruled Tuesday that Google [corporate website; JURIST news archive] violated copyright law by linking to Belgian newspapers without receiving permission to do so. The Internet company was ordered to pay $32,500 (25,000 euros) per day until all of the content is removed, retroactive to 139 days ago when Google was first asked to take the headlines, photos, text fragments, and links down from all Google sites, including its news service. The company said it has already cleared its website of such content and plans to appeal the ruling, arguing that its use of headlines with links to the original Belgian news websites is legal.

Google has also been sued by Copiepresse, which represents 17 German and French language newspapers, for copyright infringement. The media outlets are pushing to have Internet engines like Google pay for links to the European news and many of the newspapers are in negotiations with Google to reach such agreements. Two of the five Copiepresse groups that sued have already settled with Google. Bloomberg has more.

[JURIST] North Korea [JURIST news archive] agreed Tuesday that it would end its nuclear weapons program in exchange for aid as part of a multi-stage initiative with partners in the so-called Six-Party Talks [US State Dept. briefing; Wikipedia backgrounder]. In the initial stage, North Korea promised to shut down and seal its main nuclear reactor and in exchange for 50,000 tons of heavy fuel. North Korea will eventually receive an additional 950,000 tons in aid if it declares all of its nuclear programs and irreversibly disables the main reactor. The country was sanctioned [JURIST report] by the UN Security Council [official website] last October after it exploded several test nuclear weapons underground [JURIST report]. John Bolton [JURIST news archive], former US Ambassador to the UN, has voiced strong opposition to the agreement and encouraged President Bush to reject it, contending that it sends a dangerous message to countries pursuing nuclear weapons that if they just hold out long enough, they will get "rewarded" for ending their programs.

After main reactor shutdown is confirmed by international inspectors, the foreign ministers of the six nations [JURIST report] - North Korea, South Korea, US, Russia, Japan, and China - will meet again to talk about normalizing US relations with North Korea, relations between Japan and North Korea [JURIST news archive], peace and security in northeast Asia, energy and the economy, and the status of the country's denuclearization. An interim meeting has been called for March 19 to assess North Korea's progress in disabling the main reactor. AP has more.