[JURIST] The military government of Myanmar [JURIST news archive] Saturday lifted a curfew in the capital Yangon and ended a ban on assembly imposed during the junta's deadly crackdown on pro-democracy protests. The decision is the latest sign that Myanmar military leaders are confident they have quashed the largest pro-democracy uprising in two decades. In Washington, White House Press Secretary Dana Perino dismissed the actions of the regime as 'cosmetic' and stressed the need for "serious intent to move toward democratic transition." Perino's comments follow new sanctions [press release] against members of the regime announced by President Bush on Friday.

In August, the Myanmar government began a crackdown against protesters, arresting hundreds of Buddhist monks demonstrating against human rights abuses by the military government. At least 10 people were killed by government soldiers shooting into crowds [JURIST report]; protests only subsided when junta troops effectively locked down Myanmar's major cities. Though the junta reports only 10 deaths, dissident groups claim that 200 people have been executed and 6,000 detained. AP has more.

[JURIST] US District Judge Benjamin Settle Friday extended until November 9 a stay of court-martial proceedings against US Army Iraq war objector 1st Lt. Ehren Watada [JURIST news archive]. Settle had temporarily blocked the court-martial, the second filed for the same charges, to consider whether the proceedings would violate Watada's Fifth Amendment rights [JURIST report]. The stay was originally set to expire October 26. The Seattle Times has more.

Watada, a 28-year-old Honolulu native, publicly refused deployment to Iraq [JURIST report] in July 2006, and was charged by the Army with with four counts of conduct unbecoming an officer and one count of missing movements. His first court-martial was declared a mistrial [JURIST report], but the Army refiled charges [JURIST report]. The case is before the US Court of Appeals for the Armed Forces, but that court has not yet issued a decision, which prompted Watada to ask the federal district court for relief.

[JURIST] US Supreme Court Justice Samuel Alito [JURIST news archive; OYEZ profile] on Friday became the latest high court member to publicly criticize the possibility of televising the court's proceedings. Speaking at the University of Virginia, Alito joked that televising the proceedings would be a mistake since it would directly compete with cable public affairs broadcaster C-SPAN for the lowest Nielsen ratings. Last July US Supreme Court Chief Justice John Roberts [OYEZ profile] similarly expressed skepticism at the idea of allowing television cameras into the Supreme Court, saying that the justices were concerned that cameras could have an "adverse impact" on the Court's functioning. All the other justices, including Justices Anthony M. Kennedy, Stephen Breyer and David Souter have already spoken publicly against allowing cameras [AP report] in the Supreme Court, pointing out that the Court's decisional process is on paper and suggesting that court proceedings should not be considered "entertainment."

In March of last year the US Senate Judiciary Committee under the leadership of Sen. Arlen Specter (R-PA) [official websites] approved by a 12-6 vote an amendment [S. 1768 text, PDF] to 28 USC 45 [text] that would permit Supreme Court proceedings to be televised, "unless the Court decides by a vote of the majority of justices, that allowing such coverage in a particular case would constitute a violation of the due process rights of 1 or more of the parties before the Court." The bill failed to pass the Senate itself, however. San Luis Obispo has more.

[JURIST] US Army Sergeant 1st Class Trey A. Corrales, charged [JURIST report; press release] in July with the premeditated murder of an unarmed Iraqi civilian, waived his right to an Article 32 [JAG backgrounder] pretrial hearing Saturday. The decision came following the Friday Article 32 hearing of Corrales co-defendant Specialist Christopher P. Shore, in which Shore's lawyer painted Corrales as sadistic and out of control. Several soldiers testified [San Antonio Express-News report] at the hearing that during a June 23 raid in the northern Iraqi city of Kirkuk [GlobalSecurity backgrounder] they refused to follow an order from Corrales to kill every man of military age. Shore testified that when ordered by Corrales to shoot an unarmed Iraqi civilian, he intentionally missed. Corrales lawyer Frank A. Spinner [profile] said there was no need to call all the same witnesses for another hearing on Monday.

If convicted, Corrales and Shore could both face the death penalty. The Atlanta Journal-Constitution has more.

[JURIST] Venezuelan human rights activists and church leaders Friday criticized new constitutional reforms [JURIST report] proposed by President Hugo Chavez [BBC profile; JURIST news archive] that they say would suspend legal due process and centralize power in an authoritarian presidency. The Venezuelan National Assembly [official website, in Spanish] is currently considering amendments to 25 different constitutional articles over and above changes already made to 33. One generally pro-government party, Podemos [party website], has characterized the latest reforms as unconstitutional because of the suspension of due process during state of emergencies. Rights activists claim that the due process restrictions violate the American Convention on Human Rights [text] and threaten the freedom of all Venezuelans.

Chavez has touted the proposed changes as necessary to advance the socialist revolution in Venezuela [JURIST news archive]. Human Rights Watch [advocacy website] has warned that the proposed due process amendments would violate international law [press release]. Members of the opposition have accused Chavez [JURIST report] of using the constitutional reforms to consolidate his power over Venezuela. The National Assembly is overwhelmingly comprised of Chavez supporters, as opposition parties boycotted elections in 2005. AFP has more.

[JURIST] A federal district judge Friday dismissed a breach of privacy lawsuit against the Society for Worldwide Interbank Financial Telecommunication (SWIFT) [organization website]. The Belgium-based international banking cooperative disclosed personal information [JURIST report] about its customers to third parties, including the CIA and US Treasury Department. Ian Walker and Stephen Kruse said their privacy rights were violated because each had engaged in wire transactions that might have been processed by SWIFT, although neither disclosed his bank name. Judge T. S. Ellis III of the US District Court for the Eastern District of Virginia [official website] wrote:

There is no allegation that plaintiffs' bank or banks are members of SWIFT, nor is there any information indicating that plaintiffs' financial information was disclosed by SWIFT...Plaintiffs rely on their own belief that their financial information has been disclosed, but such a belief, without more, cannot support standing.

[JURIST] The US Court of Appeals for the Second Circuit ruled [opinion, PDF] Friday that an Egyptian student wrongly detained in the wake of the 9/11 attacks may sue the FBI agent who interrogated him. Abdallah Higazy appealed a ruling [PDF text] by the US District Court for the Southern District of New York which granted summary judgment to the federal agent, Michael Templeton, on the basis of qualified immunity which generally shields government officials from lawsuits for actions occurring during the performance of their duties. Higazy argued that Templeton violated his Fifth Amendment right against compulsory self-incrimination by threatening Higazy, as well as members of his family, and as such was not protected by qualified immunity. The Second Circuit agreed, ruling that Higazy's coerced confession was used in a January 2002 bail hearing and as such, constitutes a Fifth Amendment violation.

The ruling echoed a similar Second Circuit opinion from June, in which the court found that Attorney General John Ashcroft and FBI Director Robert Mueller were not protected from litigation by qualified immunity [JURIST report] as their actions in the wake of 9/11 could not be considered reasonable. AP has more.

[JURIST] The former chief military prosecutor at Guantanamo Bay [JURIST news archive], Col. Morris D. Davis [official profile, PDF], told the New York Times Friday that he was pressured to use classified evidence against defendants in closed war crimes trials for detainees. In the interview, Davis said the push to use classified evidence stems from an internal military disagreement over whether the trials should be keep closed or open to the public. Davis said that Brig. Gen. Thomas W. Hartmann [official profile], legal advisor to the Convening Authority [official backgrounder] responsible for running the trials, questioned the need for open trials and was upset with the slow pace of the proceedings begun by Davis. Davis felt that by using classified evidence the details of the trials would remain closed; he said he believed the only way to ease criticism of the US military trial system at Guantanamo was by keeping the process as open as possible.

Davis, a career Air Force lawyer, resigned his post [JURIST report] on October 5, after complaining that Hartmann should not be supervising his work. Davis filed the formal complaint with the Pentagon back in August. When Pentagon officials said they supported Hartmann, Davis requested to be reassigned. The New York Times has more.

[JURIST] US President George W. Bush imposed new sanctions on 12 Myanmar businesses and individuals in an executive order [text; fact sheet] issued Friday. Included in the order freezing US-held assets and blocking certain property transactions were designations by the Treasury department of an additional 11 leaders of the Myanmar military junta who were subject to existing sanctions [PDF text] and instructions for the Commerce Department to increase regulation of the country's exports. In White House remarks [text] Bush said that the order was specifically aimed at those who are "responsible for human rights abuses as well as public corruption, and those who provide material and financial backing to these individuals or to the government of Burma."

The sanctions follow the Myanmar government's crackdown on protesters [JURIST report] which began last month after Buddhist monks demonstrated against human rights abuses by the military government. The government has thusfar refused the Red Cross access [JURIST report] to thousands of political prisoners in the wake of reports that hundreds, and perhaps thousands, of dissidents have been killed while in custody. The New York Times has more.

[JURIST] Two US Marines were ordered Friday to face court-martial hearings for their actions in connection with the killings of 24 Iraqi citizens in Haditha [USMC timeline; JURIST news archive] in November 2005. Lt. Col. Jeffrey R. Chessani [JURIST news archive] is charged with dereliction of duty and violation of a lawful order based on the allegations that he failed to properly investigate shootings. He is said to be highest-ranking US officer to be court-martialed for a combat-related action since the Vietnam War. One of Chessani's men, Lance Cpl. Stephen B. Tatum [advocacy profile] is charged with involuntary manslaughter, reckless endangerment, and aggravated assault. Lt. Gen. James Mattis decided not charge Tatum with murder following a recommendation [JURIST report] by investigating officer Lt. Col. Paul Ware.

Chessani, the former commander of the Third Battalion, 1st Marine Regiment [official website] did not order an immediate investigation into the deaths because he did not suspect any wrongdoing. In a sworn statement made to military investigators, Chessani said that he did not see any cause for alarm and that he believed at the time that killings followed a complex attack by insurgents involving a roadside bomb and an attempt to lure Marines to shoot into homes where civilians were located. Instead, it has been alleged that the civilians were murdered in cold blood [JURIST report], but Chessani said that when he first learned of allegations that the civilians were killed intentionally he thought that the claims were baseless. AP has more.