[JURIST] Mexico and Cuba on Monday signed a memorandum of understanding [text, in Spanish] aimed at combating the rising number of Cuban illegal immigrants [JURIST news archive] attempting to reach the US through Mexico. The agreement requires Mexican authorities to deport any illegal Cuban immigrants taken into custody by Mexican authorities, including immigrants who have illegally entered Mexico directly or through Central American countries. The agreement also establishes greater cooperation between Mexico and Cuba in the areas of human trafficking and smuggling. In a speech [text, in Spanish] following the signing of the agreement, Mexican Interior Secretary Juan Camilo Mourino Terrazo [official profile, in Spanish] said:

Without a doubt one of the fruits of our renewed bilateral relationship is the signing of this Memorandum of Understanding between the Government of the Republic of Cuba and the Government of the United Mexican States to ensure a legal, orderly, and safe flow between both countries. This agreement also strengthens mechanisms to prevent and combat illegal migration, smuggling, and human trafficking, among other crimes.

[JURIST] Indonesia's Constitutional Court on Tuesday ruled [AP report] that the country's constitution [text] allows the firing-squad execution of three men sentenced to death for their roles in the 2002 Bali nightclub bombings [BBC backgrounder]. The three members of the southeast Asian terror group Jemaah Islamiyah (JI) [CFR backgrounder; JURIST news archive], Mukhlas, Imam Samudra and Amrozi Nurhasyim [BBC profiles], had argued that death by firing squad amounts to "torture" and is contrary to Islamic law [VOA report]. The court rejected the men's request that they be executed by beheading [BBC report] rather than firing squad, ruling that any differences between the methods were immaterial. Although a lawyer for the men has said he might seek to appeal the sentence again, government officials plan to announce an execution date Friday. The Times of London has more.

In August, Indonesia's attorney general postponed the execution [JURIST report] of the three men during the Islamic holy month of Ramadan, saying the legal challenge alone was insufficient to stay the sentences. A lawyer for the men had promised to bring their constitutional challenge after the Indonesian Supreme Court rejected the third appeal [JURIST reports] in July. Their first appeal had been rejected late last year, prompting an unusual second appeal, which was later withdrawn [JURIST reports]. In May, Indonesian police arrested [JURIST report] another JI member, Faiz Fauzan, in connection with a second set of Bali bombings [BBC report] in 2005. In March, an Indonesian judge handed down 15-year sentences [JURIST report] to two JI leaders, Zarkasih and Abu Dujana [BBC profiles], after convicting them of other terrorism charges.

[JURIST] The Bolivian National Congress [official website, in Spanish] Tuesday ratified proposed reforms [PDF text, in Spanish] to the country's constitution, paving the way for a national referendum on the changes on January 25, 2009. Bolivian President Evo Morales [official website; BBC profile] engineered the endorsement Monday by agreeing not to seek reelection in 2014 [La Razon report, in Spanish]. Morales' conservative opponents had sought such an assurance before approving the constitutional referendum, which required support from two-thirds of the congress. The current constitution [text, in Spanish] limits the president to two terms, and Morales conceded that his present term, which began in 2006, would count towards that limit. Morales announced that the constitutional referendum will be followed by presidential and congressional elections [La Razon report, in Spanish] in December 2009. Should Morales win in 2009, that five-year term would be considered his second and final as president. AP has more.

The controversial proposed reforms [JURIST news archive] would distribute more of Bolivia's land and energy resource income to the country's indigenous population. In August 2008, Morales won a referendum to continue his presidency, which he personally proposed in a bid to legitimize his campaign [JURIST reports] for the constitutional changes.

[JURIST] Human Rights Watch [advocacy website] on Monday accused [press release] the Sudanese government of using a special prosecutor [JURIST report] as "window dressing" to thwart an International Criminal Court (ICC) investigation of war crimes in Sudan's Darfur region [JURIST news archive]. ICC Chief Prosecutor Luis Moreno-Ocampo applied for an arrest warrant [JURIST report] in July for Sudanese President Omar al-Bashir [BBC profile; JURIST news archive] alleging genocide, crimes against humanity and war crimes, but such ICC prosecution is permitted [Rome Statute Article 17 text] only when a national court is "unwilling or unable genuinely to carry out the investigation or prosecution." In a move seen largely as a reaction to a potential ICC investigation, Sudan appointed its own special prosecutor in August to investigate and try war crimes suspects, including militia commander Ali Kushayb [TrialWatch profile; ICC arrest warrant, PDF]. HRW said that Sudanese prosecution "hold[s] little promise of bringing justice to victims" and argued that an ICC investigation is precluded under Article 17 only when national courts "charge the same person with the same crimes as those brought before the ICC," which is impossible given the limitations of Sudanese law. The Sudanese criminal code does not address crimes against humanity and genocide, does not recognize command responsibility for military officer prosecutions, contains many obstacles to sex crime prosecution, and provides immunity for members of the armed forces, militias and the police. AFP has more.

An ICC pretrial chamber is considering whether to grant the controversial arrest warrant [JURIST report] for al-Bashir and has requested [court order, PDF; JURIST report] that Moreno-Ocampo submit additional materials in support of the application. Earlier this month, Sudan Justice Minister Abdel-Basit Sabdarat said the Sudanese special prosecutor has almost completed reports [JURIST report] on some crimes in the region, though a time frame for trials has not been established. HRW has previously accused Sudan of failing to adequately combat war crimes [JURIST report], stating in 2006 that the Special Criminal Court on the Events in Darfur prosecuted petty offenses while neglecting to address the widespread and ongoing human rights abuses.

[JURIST] Amnesty International and the Nigerian Legal Defense and Assistance Project (LEDAP) [advocacy websites] condemned Nigeria's capital punishment practices in a joint report [PDF text; press release] released Tuesday, claiming that death row inmates are being denied their rights to proper representation and appeal and calling for a moratorium on executions. According to the report,

capital punishment can only be used after the most exacting due process of law. However, as this report shows, the failures in the Nigerian criminal justice system breach international human rights law and standards. Suspects in capital offences and death row prisoners are denied their right to a fair trial and appeal process. The violation of an individual's legal rights often starts at the point of arrest. Police routinely use torture to extract confessions as a substitute for thorough and impartial investigation of the crime. As a result the majority of death row prisoners were sentenced to death based on confessions.

[JURIST] The Supreme Court of Thailand on Monday convicted [Bangkok Post report] ousted prime minister Thaksin Shinawatra [BBC profile; JURIST news archive] of corruption charges [JURIST report] related to a 2003 purchase of land by his wife Pojamarn Shinawatra [JURIST news archive] from the government-controlled Financial Institutions Development Fund [official website]. Thaksin was sentenced to two years in prison for abuse of power for using his position to secure a reduced price for the land, and violating a Thai law prohibiting political leaders from engaging in business dealings with government-directed organizations. Pojamarn, also charged in the case [JURIST report], was cleared of charges because she was not a government official. The two were tried in absentia [JURIST report] after failing to return from an August trip to the UK [JURIST report] because of what they said was judicial bias [JURIST report] by Thai courts. Thailand's Office of the Attorney General on Monday said it would seek Thaksin's extradition [Bangkok Post report] in light of the conviction. Thaksin took refuge in the UK after being overthrown by the Thai military while travelling abroad in 2006, but he later returned [JURIST reports] to the country to dispute the charges. AP has more.

Thaksin's conviction is the latest in a long series of corruption actions brought against Thaksin and Pojamarn. In August, Thai prosecutors asked the Supreme Court to seize over $2 billion [JURIST report] from the Shinawatras' frozen accounts and holdings in relation to the charges. In July, the Thai Attorney General's Office filed corruption charges [JURIST report] against Thaksin for his role in a 2003 resolution reducing fees paid by mobile phone companies to state telecommunications agencies. Later that month, Pojmarn, as well as her step brother and secretary, were convicted of tax evasion [JURIST report] for transferring $16.3 million worth of stock she transferred to the two. Also that month, the Supreme Court agreed to hear additional charges against Thaksin and 47 other for alleged misconduct [JURIST reports] related to the country's lottery system.

[JURIST] UN Secretary-General Ban Ki-moon [official website] wrote in a report [text, PDF] issued Monday that the Iranian government has made limited progress in some areas of human rights but that other areas such as basic freedoms, minority rights and the justice system still need to be improved. The report noted that there have been marked improvements in per capita income, children's nutrition, education, life expectancy, and technical aspects of the justice system, including legislation that bolsters constitutional protections. These improvements, though, vary drastically by region. Additionally, Ban noted that many areas of human rights are still a cause for concern, such as in amputations and corporal punishment, the death penalty for both adults and juveniles, and the lack of women's rights, minority rights, freedoms of expression, association and assembly, and due process rights. He wrote:

Some negative trends have also been reported, including an increase in rights violations targeting women, university students, teachers, workers and other activist groups. Ongoing harassment against human rights defenders, including women’s rights activists, has been reported. The independent media have also experienced tightened restrictions, with numerous publications suspended. While two Iranian- American dual nationals detained in 2007 have been released on bail, there were further high-profile arrests of members of the Baha’i community.

[JURIST] The US Court of Appeals for the DC Circuit [official website] on Monday issued an order [PDF text] further delaying the release of 17 Uighur detainees from the military prison at Guantanamo Bay [JURIST news archives] as it set an expedited schedule for hearing an appeal by the US Department of Justice (DOJ) [official website]. A three-judge panel voted 2-1 to stay this month's order by the US District Court for the District of Columbia [official website] requiring the federal government to release the Chinese Muslim detainees into the United States, finding that the DOJ had "satisfied the stringent standards required for a stay pending appeal." The panel did not elaborate on its reasoning. Circuit Judge Judith Rogers [official profile] dissented from the order on the grounds that the court had "no basis" for granting a stay pending appeal. She wrote, in part:

The court's release order was based on findings that are either uncontested by the government or clearly supported by the record. The government had filed no returns to the writs filed by ten of the petitioners, and the returns in response to the remainder consisted only of the hearing records from Combatant Status Review Tribunals ("CSRTs").... Although expressly offered the opportunity by the district court, the government presented no evidence that the petitioners pose a threat to the national security of the United States or the safety of the community or any person.

[JURIST] Outgoing UK Director of Public Prosecutions Ken Macdonald warned [Times report] Monday against the expansion of government power in gathering intelligence and prosecuting suspected terrorists. In a speech [text] delivered in London Macdonald speculated that present decisions about how the government should use technology are likely to be permanent -- an apparent reference to the proposed Communications Data Bill [official description], which would establish a massive database of all phone and e-mail traffic [AP report] in the country. Claiming a conviction rate of over 90 percent in terror cases, Macdonald said the UK was nonetheless right to resist "special courts, vetted judges and all the other paraphernalia of paranoia." He continued:

Of course, you can have the Guantanamo model. You can have the model which says that we cannot afford to give people their rights, that rights are too expensive because of the nature of the threats we are facing. Or you can say, as I prefer to, that our rights are priceless. That the best way to face down those threats is to strengthen our institutions rather than to degrade them.

[JURIST] US Office of Special Counsel (OSC) [official website] head Scott J. Bloch [official profile] announced in a letter [text, PDF] to President George W. Bush Monday that he will resign when his five-year term ends in January. Bloch could remain head of the OSC for one year after his term expires or until the Senate confirms his replacement, but the letter indicates he will end his term in January. Bloch's announcement comes after increased calls for his resignation following a 2005 complaint [text, PDF] accusing him of retaliatory acts against OSC employees, violations of free-speech rights, unwarranted case closures and unethical hiring practices. In his letter to Bush, Bloch wrote:

As you well know, doing the right thing can result in much criticism and controversy from every side. I am proud to have enforced your stated policy goal of upholding the rule of law, enforcing the law as it is written, not according to fads or special interest pressure.

[JURIST] The German cabinet [official website, in German] on Monday approved legal conditions [text, PDF, in German] that the government will impose on banks that receive financial assistance through the German financial rescue bill [Financial Stabilization Fund Regulation text, PDF, in German; press release, in German]. The rescue bill [BBC backgrounder], signed into law on October 17, will provide up to 400 billion euros to stabilize and revive the market through loan guarantees, up to 80 billion euros to buy problem assets, and up to 20 billion euros to cover any loan losses. The cabinet had proposed plans to impose a pay cap of 500,000 euros and bonus freezes on the CEOs of all banks that requested help under the bill, but under Monday's regulations, higher pay rates are only deemed "inappropriate." The government is permitted, though, to analyze all risks in the banks' business that could be excessive and to limit their implementation. In addition, any bonuses paid to employees must be "appropriate," and each institution may receive only 10 billion euros for assistance and 5 billion euros to cover risks. Bloomberg has more. The New York Times has additional coverage.

The passage of the German bill follows the passage [JURIST report] earlier this month of a US financial rescue bill [HR 1424 text, PDF]. The final bill authorizes the Department of the Treasury [official website] to establish a Troubled Assets Relief Program (TARP) to purchase troubled assets from financial institutions and to provide insurance and guarantees for any troubled asset originated before to March 14, 2008. It also establishes a Financial Stability Oversight Board to review Treasury actions taken under the legislation.