[JURIST] A Chinese land rights activist arrested for circulating a petition declaring "we want human rights, not the Olympics" will be tried next week, according to Thursday media reports. Yang Chunlin [Amnesty profile] was arrested in July 2007 and charged with "inciting subversion of state power" after obtaining over 10,000 signatures on a petition that said improving human rights is more important than hosting the Beijing Olympics [official website; JURIST news archive]. The former factory worker had also been active in supporting a legal action brought by more than 40,000 local farmers who say that their land was taken by the government without compensation. The Washington Post has more. Radio Australia has additional coverage.

In August 2007, Human Rights Watch reported that China, fearing that activists will embarrass the ruling Communist party by highlighting political and social problems during the Games, is clamping down on human rights activists [press release; JURIST report] and other political dissidents as well as silencing independent media coverage.

[JURIST] Chadian President Idriss Deby [official website, in French; BBC profile] Thursday declared a state of emergency [transcript, in French] throughout Chad [government website; JURIST news archive], citing increased violence between government forces and rebels in the capital city of N'Djamena. The order bans most public meetings, imposes a curfew, authorizes government censorship of the press, and allows regional governments to regulate travel. Under Article 87 of Chad's constitution [text, in French], Deby may institute any measures that he deems necessary to re-establish order for a period of 15 days. Extending the state of emergency beyond that time frame would require the approval of the Chadian National Assembly.

The current fighting in Chad is the most recent eruption of longstanding hostilities between the Chadian government and several rebel groups seeking to depose Deby. An estimated 20,000 civilians have fled the capital [New York Times report] since violence escalated earlier this month. The UN Security Council has condemned the fighting [press release; JURIST report] and urged neighboring countries to help stop the rebel forces. AP has more.

[JURIST] US District Judge Richard W. Roberts Thursday extended the deadline [order, PDF] for the government to comply with an order [PDF text, JURIST report] issued last month requiring it to submit a report to the court by February 14 detailing why the CIA destroyed videotapes showing the interrogation of terror suspects [JURIST news archive], whether other evidence connected to a lawsuit filed by Yemeni Guantanamo Bay detainee Hani Abdullah was destroyed, and what steps the government has taken to preserve relevant evidence. Roberts issued the order, extending the deadline to March 17, in response to government arguments that compliance could interfere with a US Justice Department criminal probe [JURIST report] into the destruction of the tapes. Thursday's order also narrowed the scope of the original order, requiring only that the government detail evidence relevant to the Abdullah's case rather than all evidence relevant to any detainee. AP has more. SCOTUSblog has additional coverage.

Existence of the videotapes was verified in November after the CIA admitted it had mistakenly denied [JURIST report] that it had recorded interrogations in a court declaration during the trial of 9/11 conspirator Zacarias Moussaoui. CIA Director Michael Hayden acknowledged [JURIST report] in December that the CIA had videotaped the interrogation of two al Qaeda suspects in 2002, but said that the tapes had been destroyed in 2005 amid concerns that they could be leaked to the public and compromise the identities of the interrogators.

[JURIST] Kenyan President Mwai Kibaki [official profile] and opposition candidate Raila Odinga [campaign profile] Thursday agreed to write a new constitution, an agreement that could put an end to the violence that erupted in the wake of January's disputed presidential election [JURIST report]. A spokesman for former UN Secretary-General Kofi Annan [official profile], who is currently in the country to help mediate the conflict [JURIST report], confirmed that the parties signed off on a deal Thursday but did not offer any further details. A new constitution could allow for power-sharing or a prime minister's post, which have both been floated as possible compromises to end the conflict. AP has more.

Kenya's controversial presidential vote has sparked simmering ethnic tensions in the country, where Kibaki has long been accused of using his position to favor members of the Kikuyu tribe. Fueling accusations of malfeasance, Kibaki won the December 27 election despite early opinion polls that placed rival candidate Odinga in the lead. Thousands of opposition supporters took to the streets following the election, which prompted the government to temporarily ban public rallies and institute a curfew in Nairobi, the capital city. In all, almost 1,000 people have been killed and 250,000 displaced since protests began. Thirteen nations, including several European Union members and the United States, have threatened to cut off aid [JURIST report] to Kenya's government until the crisis is resolved and democracy is restored. Odinga's opposition party, the Orange Democratic Movement filed a formal complaint [JURIST report] in January with the International Criminal Court [official website], alleging that Kibaki's administration has committed crimes against humanity while using force against demonstrators. The Kenyan National Commission on Human Rights [official site] has also launched an official investigation [KNCHR brief; Standard report] into the alleged human rights violations.

[JURIST] The US House of Representatives voted Thursday to hold former White House legal counsel Harriet Miers and White House Chief of Staff Joshua Bolten [official profiles] in contempt [H Res 979 materials] for failing to cooperate with an inquiry into the US Attorneys firing scandal [JURIST news archive]. Members of the House voted 223-32 [roll call] to issue contempt citations for Miers for failing to testify and citations for both Miers and Bolten for refusing to produce documents related to the 2006-2007 firings. The White House has said that the information sought in the inquiry is protected by executive privilege [press briefing transcript] and that both Miers and Bolten are immune from prosecution.

In July 2007, the US House Judiciary Committee voted [JURIST report] to issue contempt of Congress citations [Cornell Law backgrounder; 2 USC Sec. 192] against Bolten and Miers. House Judiciary Committee Chairman John Conyers (D-MI) has said that an investigation [report, PDF] has "uncovered serious evidence of wrongdoing by the department and White House staff" in connection to the firings and the administration's handling of the ensuing investigation. Contempt of Congress is a federal misdemeanor that carries a fine of up to $100,000 and one-year imprisonment. It is the first time in 25 years that a full chamber of Congress has voted on a contempt of Congress citation. AP has more.

[JURIST] Mexico's National Human Rights Commission (CNDH) [official website, in Spanish] is not doing enough to promote remedies and reforms needed to end abuses, Human Rights Watch (HRW) [advocacy website] said in a report [text; press release] released Wednesday. After examining the commission's work on more than 40 human rights cases, HRW said that CNDH often fails to push for accountability for human rights abuses by the military and other law enforcement institutions, effectively publicize cases of human rights abuse, or challenge laws and policies that violate international human rights standards. CNDH responded that many of HRW's accusations fell outside the scope of the agency's mandate.

Human rights groups have criticized Mexico's human rights record, especially in light of recent moves by Mexican President Felipe Calderon [official website; BBC profile] to use the nation's military in a crackdown on drug trafficking. Last month, in a report to the Mexican National Congress, CNDH accused the military of committing grave human rights abuses [JURIST report], including the torture, rape and murder of civilians. Last week, Amnesty International [advocacy website] also sent a letter [PDF text] to Calderon raising concerns about human rights violations committed by military personnel. The Washington Post has more.

[JURIST] Acting head of the US Department of Justice (DOJ) Office of Legal Counsel [official website] Steven G. Bradbury testified at a US House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties hearing [subcommittee materials] Thursday that the use of waterboarding [JURIST news archive] has been barred by measures enacted since it the interrogation technique was used on three terror detainees in 2002 and 2003. Bradbury testified [statement, PDF] that there has been no finding that waterboarding would be permitted under current law, saying that:

As noted, the specifics of the program authorized today are not the same as they were in the initial years. The set of interrogation methods authorized for current use is narrower than before, and it does not today include waterboarding. As the Attorney General has made clear, before any additional interrogation method could be authorized for use in the program, three things would have to happen:

First, the Director of the CIA, together with the Director of National Intelligence, would have to determine that the new method is necessary to obtain information on terrorist attack planning or the location of senior al Qaeda leadership; second, the Attorney General would have to conclude that the use of the method, subject to all conditions, limitations, and safeguards proposed for its use, would be lawful under current law (and that includes the requirements of the Detainee Treatment Act, the Military Commissions Act, and Common Article 3); and, three, even if the Attorney General concludes that the method's use is lawful, the President would have to personally authorize its use. In addition, Congress would be appropriately notified—including, per the commitment from the Attorney General, specific notification to the Judiciary Committees if there were a plan to add waterboarding to the program.

Let me be clear, though: There has been no determination by the Justice Department that the use of waterboarding, under any circumstances, would be lawful under current law.

[JURIST] Argentinean police Wednesday arrested retired naval officer Luis Emilio Sosa in Buenos Aires in connection with the August 1972 massacre of 16 leftist guerrillas on a military base in the southern city of Trelew [government website]. Two other former officers, Paccagnini Ruben and Emilio Del Real, were also arrested [JURIST report] over the weekend for their alleged roles in the so-called "Trelew Massacre." All three men face charges of torture, homicide, attempted homicide and illegal detentions. In all, 19 guerrillas were captured after 23 escaped from prison and seized the Trelew airport. Three of the guerillas survived, only to "disappear" during Venezuela's military dictatorship of the late 1970s, while the remaining 16 were found gunned down in their cells. The arrests are part of a larger investigation; federal police are still searching for former Lt. Roberto Guillermo Bravo and Carlos Marandino to charge them in connection with the massacre.

Last week, the trial [JURIST report] of retired Argentinean General Cristino Nicolaides and five other former officers began for their alleged role in the abduction and torture of five political dissidents during the country's military dictatorship of the late 1970s and 80s. It is estimated that between 20,000 and 30,000 people were forcibly kidnapped or "disappeared" during the so-called "Dirty War" [GlobalSecurity backgrounder; JURIST news archive], a 1976-1983 Argentinean government campaign against suspected dissidents. In 2005, Argentina's Supreme Court struck down amnesty laws [JURIST report] adopted in the 1980s, prompting the government to reopen hundreds of human rights cases. AP has more.

[JURIST] US Rep. Edward Markey (D-MA) [official website] said Wednesday that he has introduced a bill [press release; Markey summary, PDF] in Congress aimed at guaranteeing unfettered access to the Internet and limiting the ability of Internet providers to restrict users' access. Markey said that the Internet Freedom Preservation Act [HR 5353 materials] would ensure so-called "net neutrality:"

The open architecture nature of the Internet is baked into its "technological DNA" - it is what has ensured the Internet's place as the greatest "level playing field" ever created. At its core, the debate over Internet freedom is a battle about innovation and voices. For innovation, the Internet has no peer its ability to foster innovation and provide low barriers to entry for new ideas and businesses. As for voices, the Internet today is a wonderfully chaotic medium where voices both powerful and less powerful can be heard through the media mix. Individual citizens, civic groups, religious organizations, sporting clubs, trade associations, small business owners and others all have a stake in ensuring that broadband network providers keep their hands off the Internet and not degrade the ability of anybody to reach other citizens, to experiment and innovate, or to engage in free enterprise.

The goal of this bipartisan legislation is to assure consumers, content providers, and high tech innovators that the historic, open architecture nature of the Internet will be preserved and fostered. H.R. 5353 is designed to assess and promote Internet freedom for consumers and content providers. Internet freedom generally embodies the notion that consumers and content providers should be free to send, receive, access and use the lawful applications, content, and services of their choice on broadband networks, possess the effective right to attach and use non-harmful devices to use in conjunction with their broadband services, and that content providers not be subjected to unreasonably discriminatory practices by broadband network providers.

[JURIST] The US Marine Corps has ordered Lance Cpl. Stephen Tatum [advocacy profile] to testify against Staff Sgt. Frank Wuterich [advocacy website] about the killing of 24 Iraqi civilians at Haditha [USMC timeline; JURIST news archive] in November 2005, according to Wednesday media reports. Both men currently face court-martial for their alleged roles in the incident. Tatum's lawyer said that Tatum has received an immunity order barring his testimony against Wuterich from being used against him at his own trial, but that the order was not part of a deal with the government and that Tatum still planned to plead not guilty to the charges against him. Wuterich's court-martial is scheduled to begin on March 3, while Tatum's court-martial is set for March 28. Wuterich is the leader of the squad implicated in the killings.

In January, 1st Lt. Andrew Grayson [defense website] was arraigned on charges [JURIST reports] of making false official statements and obstruction of justice in connection to the killings at Haditha. Eight marines were initially charged in connection to the Haditha incident, though charges have since been dropped against four. Wuterich was initially charged with unpremeditated murder, but the investigating officer in Wuterich's case recommended [JURIST report] last year that the more serious charge be dropped. An official report on the Haditha incident by US Army Major General Eldon Bargewell found "serious misconduct" [JURIST report] on all levels of the US Marine Corps chain of command. The North County Times has more.

[JURIST] The US District Court for the Northern District of California dismissed a lawsuit [complaint, PDF; case materials] against Jeppesen Dataplan [corporate website] Wednesday, ruling in favor of the US government's motion to dismiss on state secret grounds. The US Department of Justice had argued that the lawsuit, brought by the American Civil Liberties Union over Jeppesen's alleged role in the CIA's extraordinary rendition [JURIST news archive] program, poses a risk to national security. The ACLU argued against the motion [press release], saying that since the rendition program has already been made public, national security concerns are outweighed. The court held that because the lawsuit was based on alleged covert operations by the government, the subject matter itself is state secret and must be dismissed.

The ACLU filed the lawsuit [JURIST report] last May, alleging that Jeppesen, a subsidiary of Boeing, knowingly supported direct flights to secret CIA prisons, facilitating the torture and mistreatment of US detainees. The ACLU alleges that Jeppesen played a key role in the extraordinary rendition flights by providing a number of vital services including itinerary, route, weather, and fuel planning, as well as obtaining over-flight and landing permits from foreign governments. The ACLU was originally representing three of the five plaintiffs: Muhammad, currently being detained at Guantanamo Bay [JURIST news archive], Elkassim Britel, currently in a Moroccan prison, and Agiza, currently in an Egyptian prison. The two additional plaintiffs, who have alleged they were kidnapped by the CIA and tortured in Afghanistan, joined the lawsuit [JURIST report] in August. Reuters has more.

[JURIST] Prisons and courts in Iraq [JURIST news archive] have been overwhelmed with an influx of detainees corresponding to the surge in American troops in Iraq over the last year, American advisers visiting Iraq said on Wednesday. Iraq's prison system does not have nearly enough beds to house all of the detainees in custody, nor does the court system have the ability to try all of the detainees in an orderly fashion. With 26,000 Iraqi detainees in custody, more than half are still awaiting trial. The Iraqi Council of Representatives [official website, in Arabic] on Wednesday approved an amnesty [JURIST report] that could free thousands of detainees, despite warnings from the Iraqi Justice Ministry that Iraqi prisons will still need over 10,000 additional prison beds. In addition to the 26,000 detainees held by Iraqi prisons, the Justice Ministry expects to receive a majority of the 24,000 Iraqi detainees held in American military prisons throughout the country.

Gen. David Petraeus, Ambassador Ryan C. Crocker, Iraqi Chief Justice Medhat al-Mahmoud and members of the Baghdad Provincial Reconstruction Team (PRT) [US Embassy backgrounder] briefed US Attorney General Michael Mukasey Wednesday during a surprise visit [JURIST report] to Baghdad. Gregory Shogren of the PRT said that Iraqi courthouses lack many basic necessities to run the justice system, including computers, telephones, law books and heaters. Shogren also said that Iraqi police officers routinely ignore court orders to release prisoners, adding to the already overwhelming burden placed on the Iraqi justice system. Last year, representatives of the International Committee of the Red Cross [official website] visited with Iraqi detainees held at Fort Suse, marking the first time the ICRC has been able to visit with detainees held at Iraqi facilities. The ICRC routinely visits with detainees held by US forces. The New York Times has more.

[JURIST] The Iranian Guardian Council [official website], the upper parliamentary chamber composed of twelve members, on Wednesday reinstated more than 280 parliamentary candidates in preparation for next month's parliamentary elections. Last month, Iran's Interior Ministry banned over 2,000 moderates and reformists from running in the March parliamentary election. Among those banned were 190 of 200 candidates from the main reformist group in Iran, the Islamic Participation Front [Wikipedia backgrounder], 230 of approximately 300 candidates by the National Trust Party established by ex-parliamentary speaker Mehdi Karroubi and all candidates affiliated with the Islamic Revolution Mujahedin Organization. Ali Eshraghi, the grandson of Ayatollah Ruhollah Khomeini [TIME profile] who founded Iran's Islamic republic, was among the candidates reinstated Wednesday.

Last month, former Iranian presidents Mohammad Khatami [BBC profile] and Akbar Hashemi Rafsanjani [official website] and ex-parliamentary speaker Karroubi spoke [JURIST report] to Supreme Leader Ayatollah Ali Khamenei [official website] about overturning the ban. Khamenei has historically been unsympathetic to the reformists' cause and refused to reverse similar disqualifications before the 2004 parliamentary election [JURIST op-ed]. While the Guardian Council reinstated 280 candidates Wednesday, reformists say that only 25 of the reinstated candidates were considered reformers and that the small number of reformist candidates will not be enough for them to make a change in the election. AP has more.

[JURIST] The US Senate Judiciary Committee held a hearing [committee materials] Wednesday on the state secrets privilege in preparation for debate on the State Secrets Protection Act [S 2533 summary], a bill introduced by committee leaders "to enact a safe, fair, and responsible state secrets privilege." The bill, introduced by Sen. Edward Kennedy (D-MA) and co-sponsored by Sen. Patrick Leahy (D-VT) and Sen. Arlen Specter (R-PA), is meant to curb the use of the state secrets privilege in lawsuits involving the federal government that may reveal government misconduct. The federal government has often tried to invoke the state secrets privilege, a Constitutional protection, in cases accusing the US government of extraordinary rendition, torture in interrogation of terrorists, and the NSA domestic surveillance program [JURIST news archives]. In his opening statement [text] during Wednesday's hearing, Leahy said that the federal government has been using the state secrets privilege to "evade accountability," but Deputy Assistant Attorney General Carl J. Nichols testified [text] that the lawsuits may risk disclosing sensitive intelligence information to terrorist groups.

The State Secrets Protection Act would prohibit courts from dismissing a lawsuit until the interested parties have allowed the court to review the evidence, including evidence the government wants to protect with the state secrets privilege. The government would have to present the evidence to the court with an affidavit signed by the head of the agency stating that the information contained therein is a state secret, and allow the court to make a ruling on each piece of evidence. Last fall, the government tried to invoke the state secrets privilege [JURIST report] in a lawsuit against the Society for Worldwide Interbank Financial Communication (SWIFT) [organization website], which had disclosed personal information about its customers to third parties including the CIA and US Treasury. Also last fall, the US Supreme Court denied the petition [JURIST report] for certiorari filed by Khaled el-Masri [JURIST news archive] against the US government, ostensibly supporting the Bush administration's contention that allowing el-Masri's rendition-related lawsuit [complaint, PDF; ACLU materials] to proceed would require the revelation of state secrets. AP has more.

[JURIST] A European Commission [official website] official on Wednesday sharply criticized as "unacceptable" American attempts to negotiate with newer EU member states, reportedly offering to allow visa-free travel in exchange for extra air passenger data. Directorate-General for Justice, Freedom and Security Jonathan Faull [official profile, PDF] said American negotiations with individual EU member states were disrespectful to the EU system. While it was unclear what demands the US had made in its negotiations, Faull suggested the US might have asked EU countries to surrender the data of people who fly over US territory. The United States already has a data-sharing agreement [text, PDF; JURIST report] with the EU, and most EU passengers do not need a visa to travel into the United States. The US government's refusal to allow all EU citizens visa-free travel into the United States, though, coupled with the new bilateral negotiation attempts, could put US citizens' visa-free travel to EU member states in jeopardy, Faull said.

Under the existing agreement, air carriers transmit passenger data directly to the Department of Homeland Security within 15 minutes of a flight's departure for the United States, and DHS collects 19 pieces of data. Additionally, EU citizens are allowed to seek compensation and redress pursuant to the US Privacy Act [text; JURIST report]. AFP has more.

[JURIST] World Trade Organization (WTO) [official website] judges ruled against China Wednesday in a case brought by the US, EU, and Canada [WTO dispute summaries] over China's taxation scheme for imported car parts. The complaint alleged that China was taxing auto parts imported from those countries at the same rate that it taxed foreign-made finished cars in violation of promises made upon accession to the WTO. The three countries argued that China's taxation scheme forced auto part manufacturers to move operations to China at the expense of workers in the US, EU and Canada. The official ruling will not be released until March.

Since its accession to the WTO in December 2001, China has been the subject of a number of complaints, most prominently disputes with the US regarding the protection of US intellectual property from piracy in China. China has also initiated two disputes with the US in the WTO, over anti-dumping laws and steel tariffs in the US. In April 2007, China denounced a US decision to file a copyright enforcement case against China in the WTO. [JURIST report]. In August 2007, the US requested WTO mediation [JURIST report] in the same copyright dispute. Wednesday's decision marks the first WTO ruling against China since it joined the organization. Bloomberg has more.

[JURIST] The US government plans to approve the first stretch of "virtual fencing" for border control, which will run for 28 miles along the US-Mexico border [GlobalSecurity backgrounder] southwest of Tucson, Arizona, Homeland Security Secretary Michael Chertoff [official profile] said Wednesday during a congressional hearing [CSH materials]. The virtual fence, part of the Secure Border Initiative [DHS fact sheet] developed to control illegal immigration and drug smuggling, includes 98-foot unmanned towers equipped with radar, sensors and cameras. Normal border patrol fences now stretch over 294 miles of the border, and Chertoff said that some of the technology used in Arizona's virtual fence may be used elsewhere along the border. Computer software glitches have delayed the testing and use of the fence [AP report] until Boeing, the technology's creator, largely fixed the problems [DHS press release] in early December 2007. Rep. Bennie Thompson (D-MS), who chairs the House committee that oversees DHS, said that the system is at best marginally functional.

DHS laid out its plans to put up a virtual fence [JURIST report] along the US borders with Canada and Mexico in September 2006 and announced that Boeing had been awarded a $67 million contract [Boeing press release] to begin the project. The same month, the US House passed a bill providing for the construction of 700 miles of physical fencing along part of the US-Mexico border and also calling for a study [JURIST reports] to determine whether a fence should be constructed along the Canadian border. AP has more.