[JURIST] US Environmental Protection Agency (EPA) Administrator Stephen L. Johnson [official profile] defended last month's EPA proposal [JURIST report] to toughen standards for US air quality during testimony at a Wednesday Senate Committee on Environment and Public Works subcommittee hearing [meeting materials; recorded video]. Johnson testified that the current standard does not adequately protect public health. While many Democrats, including chair of Wednesday's hearing Sen. Tom Carper (D-Del.) [official website], say the proposed limits should be more rigid [press release], many Republicans have charged that the plan is too strict.

The proposals recommend reducing the amount of ground-level ozone [press release; advisory committee report, PDF] from 0.08 parts per million (ppm) to between 0.07 and 0.075 ppm. The EPA is also seeking comments about the possibility of leaving the level at 0.08 ppm, or reducing it to as low as 0.06 ppm. Ground level ozone, which is harmful to the lungs and aggravates asthma, is the primary component of smog. The planned reductions in ground-level ozone are the first new limits proposed since 1997. AP has more.

[JURIST] Amnesty International [advocacy website] Wednesday called for the European Court of Human Rights (ECHR) [official website] to dismiss a UK request for a reconsideration of the absolute ban on torture and coercion in ECHR case law. The court is currently holding hearings [press release] in the case of Saadi v. Italy, where Nassim Saadi, a Tunisian national lawfully residing in Italy [JURIST news archive], was ordered deported to Tunisia [JURIST news archive] while appealing an Italian conviction on charges of criminal conspiracy and forgery. Saadi says his return to Tunisia would result in torture and mistreatment, violations of the European Convention on Human Rights [text]. The UK and several other nations have intervened in the case, arguing that the prohibition on torture and ill-treatment should not prevent a country from deporting a foreign national whom a state considers a threat to national security.

Amnesty says the prohibition of torture and mistreatment "is absolute for good reason," calling it "fundamental, peremptory, and intransgressible." Amnesty also dismissed an Italian "diplomatic assurance" with Tunisia that Saadi would not be harmed as unenforceable. Amnesty International has more.

[JURIST] A military investigating officer in the case against Lance Cpl. Justin L. Sharratt [advocacy website], accused in the killings of 24 Iraqi civilians at Haditha [USMC timeline; JURIST news archive] in November 2005, has recommended dropping all charges against Sharratt according to Wednesday reports. In his Investigating Officer's Report [PDF text], released by Sharratt's lawyers Tuesday, Ware described the government's allegations that Sharratt was responsible for several of the deaths as unsupported, saying that witness testimony was unreliable and that forensic evidence tended to support Sharratt's version of the events rather than the government's. Ware concluded that Sharratt acted consistent with the rules of engagement, and recommended that the charge and specifications be dismissed without prejudice and that Sharratt be given testimonial immunity with orders to cooperate with the ongoing investigation into the Haditha incident.

The Haditha investigation has culminated in the largest US military prosecution involving civilian deaths during the war in Iraq. Four officers have been charged with dereliction of duty offenses and an additional three Marines have been charged with unpremeditated murder. Iraqi witnesses say that Marines led by Staff Sgt. Frank D. Wuterich [advocacy website] shot into the homes of civilians after a fellow Marine was killed by a roadside bomb. Wuterich, who faces 13 charges of unpremeditated murder, has maintained that his unit followed the rules of engagement [JURIST report] and did not purposefully attack civilians. The Washington Post has more.

[JURIST] A Chilean judge rejected a request by Peru [press release, in Spanish] Wednesday seeking the extradition [JURIST report] of former Peruvian president Alberto Fujimori [personal website; JURIST news archive], who has been charged in his former country with corruption and human rights violations. In the 122-point rejection, Judge Orlando Alvarez said flimsy evidence led him to reject the grounds for extradition. Alvarez also said the Peruvian charges against Fujimori had no equivalent in the Chilean justice system. The decision will be reviewed by the Chilean Supreme Court [official website, in Spanish], and Peru has promised to appeal. Wednesday's opinion ignored the recommendation of Chile's chief prosecutor, who urged that Fujimori be extradited [JURIST report].

Fujimori, who was president of Peru from 1990 until 2000, was arrested in Chile [JURIST report] in December 2005 after flying in to that country to campaign for the Peruvian presidency, despite having been officially banned from holding public office [JURIST report] until 2010. He remains under house arrest, and is currently running for Japan's parliament [JURIST reports]. AFP has more. AP has additional coverage.

[JURIST] The European Court of First Instance [official website] Wednesday overturned [judgment] the European Union's freezing of assets [Council Decision 2006/379/EC text, PDF] against Communist Party of the Philippines (CPP) chairman Jose Maria Sison [MIPT profile] and the Hamas-affiliated al-Aqsa Foundation [Wikipedia backgrounder; judgment], finding that the Council did not give its reasons or provide an opportunity for plaintiffs to challenge the legal basis or evidence used to justify the seizure.

Sison, who currently resides in the Netherlands as a political refugee, was placed on the EU terror watch list in October of 2002. The al-Aqsa Foundation, which was placed on the list in June 2003, has been designated by the US as financier of terror [press release]. Last December, the same court annulled a freeze on an Iranian terrorist group [JURIST report] on the grounds that the decision to freeze the groups assets was made without giving the group a fair hearing and was reached without a "sufficient statement of reason." EUobserver has more.

[JURIST] Iran has opened an investigation into the judge who ordered the stoning execution of a man convicted of adultery [BBC report], the Iranian Students News Agency (ISNA) [media website, in Farsi] reported Wednesday. According to ISNA, an unnamed judicial official said the action was in violation of the 2002 directive of judiciary chief Ayatollah Mahmoud Hashemi Shahrudi [BBC profile] and would be investigated by the judges' disciplinary court. ISNA also said numerous judiciary officials have taken steps to ensure that the moratorium on stoning executions is upheld and that the man's companion, who was also sentenced to death by stoning, is protected.

The international community has broadly criticized the execution. UN Human Rights Commissioner Louise Arbour criticized both the death sentence and the chosen method of execution [JURIST report] Tuesday, saying Iran is bound by international law [treaty text] to ensure the death penalty be only imposed for "the most serious, violent crimes" and that stoning clearly violates laws against cruel and inhumane punishments. Amnesty International [advocacy website] called for the Iranian judiciary to intervene [press release] and prevent the executed man's companion from meeting the same fate. AFP has more.

[JURIST] The Council of Europe's European Commission for Democracy through Law [official website] issued an opinion [text] Wednesday finding that the use of public video surveillance [JURIST news archive] constitutes "an undeniable threat to fundamental rights such as the right to privacy and the right of respect for his or her private life." The commission urged European governments to enact specific regulations at the national and international level to ensure that the surveillance conforms with the Article 8 of the European Convention on Human Rights [text].

The commission also urged the implementation of guidelines to protect personal data collected by both public and private video surveillance in accordance with EU Directive 95/46/EC [text]. In addition, the commission recommended establishing independent authorities to conduct effective oversight and said that government authorities should be allowed to supervise equipment used by those that engage in private surveillance. The advisory body, also know as the Venice Commission, issued its non-binding opinion at the request of Council of Europe parliamentarian Dick Marty [JURIST news archive]. The COE Press Service has more.

[JURIST] The Rwandan senate has approved a bill to abolish the death penalty [JURIST news archive], according to Wednesday reports by Radio Rwanda. The bill, proposed last year by Rwandan President Paul Kagame [official website; BBC profile] with the support of his party [JURIST report] and passed by the lower house of parliament [JURIST report] last month, is expected to come into force by the end of July. The abolition of the death penalty may encourage other countries to extradite defendants facing trial for the 1994 Rwandan genocide [BBC backgrounder; JURIST news archive] back to Rwanda. The measure was unanimously approved by all members present.

The Rwandan genocide saw almost a million people murdered over a time span of 100 days. Many countries, including Tanzania, the current site of the International Criminal Tribunal for Rwanda (ICTR) [official website], have refused to extradite suspects while Rwanda's death penalty remains in effect. Following last month's action by the lower house of parliament, ICTR began the process of transferring one such genocide case [JURIST report] to Rwanda. AFP has more.

[JURIST] The United Kingdom and the Special Court for Sierra Leone (SCSL) [official website; JURIST news archive] signed an agreement Tuesday formalizing a British commitment [JURIST report] to imprison former Liberian President Charles Taylor [BBC profile; JURIST news archive] in Britain if Taylor is convicted by the SCSL. In June, the UK House of Commons passed the International Tribunals (Sierra Leone) Act 2007 [PDF text], establishing a legal basis for the SCSL to sentence Taylor to prison time in the UK.

Taylor, who made his first court appearance last Tuesday after boycotting proceedings [JURIST reports], is facing charges [indictment, PDF] for murder, rape, and the recruitment and use of child solders during a bloody civil war in Sierra Leone [JURIST news archive]. Taylor's trial, which was expected to last 18 months and was relocated to The Hague from Sierra Leone [JURIST report] for security reasons in 2006, is presently suspended until August 20 [JURIST report] to give Taylor's legal team more time to prepare his defense. The UK Foreign Office has more.

[JURIST] Former White House Political Director Sara M. Taylor [SourceWatch profile] refused to answer questions from the the US Senate Judiciary Committee [official website] in connection with the US Attorney firings controversy [JURIST news archive] Wednesday, saying that she did not have the ability to independently "assess or question" President George W. Bush's assertion of executive privilege [JURIST report]. Taylor said she will answer questions in the future [opening statement] if the committee's subpoena [JURIST report] is backed by a judicial determination that the congressional need for information outweighs the executive's interest to receive candid advice without fear of public dissemination. Senate Judiciary Committee Chairman Patrick Leahy [D-VT] [official website] said in his opening statement [text] that

Congress will continue to pursue the truth behind this matter because it is our constitutional responsibility - and it is the right thing to do. I hope Ms. Taylor chooses to reject the White House’s insistence that she abet their stonewalling and, instead, works with us so that we can get to the bottom of what has gone on and gone wrong.

[JURIST] A British judge sentenced four men convicted of conspiracy to murder [JURIST report] for the failed bomb attacks on London's subway and bus systems [JURIST news archive] on July 21, 2005 to life in prison Wednesday, saying that Muktar Said Ibrahim, Yassin Omar, Ramzi Mohammed, and Hussain Osman must serve at least 40 years before they are eligible for parole. Also on Wednesday, Crown prosecutors formally indicated they will seek to retry co-defendants Manfo Kwaku Asiedu and Adel Yahya, whose first trial ended earlier this week after the jury became deadlocked during deliberations [JURIST report].

The defendants had argued that the bombs, which the four attempted to detonate just two weeks after a similar attack that killed 52 people [JURIST news archive], were not real and were merely intended as a protest against the Iraq war. AP has more.

[JURIST] French magistrates are expected to file preliminary charges against former French Prime Minister Dominique de Villepin [official profile, in French] for allegedly ordering a smear campaign against former political rival and current French President Nicolas Sarkozy [official profile; BBC profile], Villepin's office said Tuesday. Villepin is accused of being responsible for anonymous letters sent to a magistrate accusing Sarkozy of owning secret bank accounts used to receive kickbacks from a 1991 frigates sale to Taiwan [Wikipedia backgrounder]. Villepin, who has denied the allegations [JURIST report], is expected to be questioned on July 27.

Last Friday, investigators searched Villepin's offices [JURIST report], only a day after searching his home. In December 2006, Villepin was questioned by judges for more than 17 hours in connection with an investigation into the smear. Villepin has denied any wrongdoing. AP has more.

[JURIST] A US military judge Tuesday refused to dismiss charges stemming from the Abu Ghraib abuse scandal against US Army Lt. Col. Steven Lee Jordan [CBS profile; JURIST news archive], rejecting a defense motion that the superior officer who ordered Jordan's court-martial had committed unlawful command influence [Army backgrounder, PDF]. Jordan, the only commissioned officer charged in connection with the Abu Ghraib prison scandal [JURIST news archive], faces six charges including disobeying a superior commissioned officer, dereliction of duty, failure to obey a general order, false swearing, cruelty and maltreatment, and making with a false official statement. Jordan's court-martial is expected to begin August 20, and if convicted, he faces a maximum sentence of 16.5 years in prison.

In May, a military judge dismissed a single charge against Jordan and postponed his court-martial until August 20 [JURIST report] because the judge found merit in the defense's argument that Jordan was never properly informed of his rights. Jordan's superior officer at the prison, Col. Thomas Pappas [official profile], was granted immunity in exchange for testifying against Jordan. Jordan was the second highest intelligence officer at the prison and supervised the interrogation task force. AP has more.

[JURIST] The Libyan Supreme Court on Wednesday upheld the death sentences [JURIST report] of six foreign medics [JURIST news archive] accused of knowingly infecting over 400 Libyan patients with the HIV virus. The court's decision will now be considered by the executive-controlled High Judicial Council, which will meet next week to discuss the case. The council can uphold, overrule or modify the verdicts in the case. Observers have said that the Libyan government is likely to overturn the convictions if western states agree to its demands to provide medical expenses and financial compensation for the patients. On Tuesday the Gaddafi International Foundation for Charity Association [official website] said that a settlement [JURIST report] had been reached between the families of the victims and the medics, though details about the reported deal are still vague. Libya has previously demanded up to €10 million euros [JURIST report] (approximately $13 million) for each infected patient. Analysts say the ruling will placate Libyan public opinion, which has been heavily shaped by politicized media reports of the first high-profile HIV case in Libya [JURIST news archive], while a financial payment will be consistent with the Shari'a preference for compensatory "blood money," called diyah [backgrounder], over retribution.

The six medics, including five Bulgarian nurses and one Palestinian doctor, have remained imprisoned since 1999 and have consistently maintained their innocence, saying that they were being scapegoated for unsanitary conditions in the Libyan hospitals where they worked. The medics were sentenced to death in late 2006 in a second trial after the initial guilty verdict was overturned by the Libyan Supreme Court in 2005 and a retrial ordered [JURIST reports]. In announcing Wednesday's decision, Judge Fathi Dahan said that "the court has accepted the appeal in principal but rejects its content, therefore the court decided to uphold the verdict" against the medics.

Bulgaria and its allies, including the US [JURIST report] and the European Union, contend that the medics are innocent and have been tortured into admitting guilt [HRW report]. European leaders expressed regret [Reuters report] over Wednesday's ruling, but said that there was still hope for a positive solution that would free the medics. AP has more. BBC News has additional coverage.

[JURIST] Iranian judiciary spokesperson Alireza Jamshidi said Tuesday that government prosecutors have expanded their investigations against Iranian-American scholars Dr. Haleh Esfandiari [WWC profile], director of the Middle East Program at the DC-based Woodrow Wilson International Center for Scholars, and Dr. Kian Tajbakhsh [OSI press release], a consultant with the Open Society Institute, after obtaining new evidence supporting charges of endangering national security. Esfandiari, accused of being involved in an alleged plot "against the sovereignty of the country" [JURIST report], has been in solitary confinement for over 60 days. The Wilson Center rejected the allegations that Iran has discovered new evidence as "totally without merit" [press release, DOC], and urged the Iranian government to release Esfandiari. The Open Society Institute said it was "dismayed by the Iranian government's announcement of new allegations," adding that the Iranian government has provided no evidence to "substantiate any allegations of wrongdoing" [press release] since Tajbakhsh's arrest on May 11 [JURIST report].

In June, Iranian 2003 Nobel Peace Prize laureate and human rights lawyer Shirin Ebadi [advocacy website, in Persian; JURIST news archive] accused the Iranian government of interfering in judicial affairs to prevent Esfandiari's release [JURIST report]. Ebadi has also accused the Iranian government of denying lawyers' access to Esfandiari [JURIST report]. AP has more.