[JURIST] A three-judge panel of the US Eleventh Circuit Court of Appeals [court website] on Friday granted [order, PDF] a provisional stay of the execution of Troy Anthony Davis [defense website], which had been scheduled [GA AG press release] for Monday, October 27. In granting the stay, the Eleventh Circuit directed the parties to address through briefs whether Davis can meet the stringent requirements of federal law that would permit him to file a second habeas corpus petition for federal review of his case. Davis was sentenced to death in 1991 for the killing of off-duty Savannah, Georgia police officer Mark MacPhail. In ordering the provisional stay of execution, the Eleventh Circuit wrote:

Upon our review of the record, we conclude that Davis has met the burden for a provisional stay of execution. [citation omitted] Therefore, we grant Davis a conditional stay of execution and direct the parties to address whether Davis can satisfy the stringent requirements enunciated in 28 U.S.C. [Section] 224(b)(2). Specifically, the parties shall address the questions whether Davis previously raised his claim of actual innocence, whether he could have previously discovered the factual predicate for the claim through the exercise of due diligence, 28 U.S.C. [Section] 2244(b)(2)(B)(i), and whether he can show that the facts underlying his claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for the constitutional error, no reasonable factfinder would have found (Davis) guilty of the underlying offense. ... Finally, the parties are directed to address whether Davis may be executed if he can establish actual innocence under 28 U.S.C. [Section] 2244(b)(2)(B)(ii), but cannot satisfy his burden under [Section] 2244(b)(2)(B)(i).

[JURIST] Chinese Prime Minister Wen Jiabao [JURIST news archive] called for greater regulation of global financial markets [speech, text] Saturday at the closing of the Seventh Asia-Europe Meeting (ASEM 7) [conference website] in Beijing, China. ASEM 7 is the seventh annual inter-regional meeting [ASEM backgrounder] between the heads of state of various Asian and European states, designed to encourage closer cooperation between Asian and European states concerning political, economic, and social issues. This year's meeting focused on sustainable development, culminating in the Beijing Declaration on Sustainable Development [text, PDF], which outlines approaches for sustainable development with respect to rising commodity prices, climate change, energy security, and social cohesion. In his speech, Wen called for increased financial regulation in order to protect development throughout the world in light of the recent global financial crisis, saying:

We should draw serious lessons from the financial crisis and properly handle three relationships. First, the relationship between financial innovation and regulation. We should advance financial innovation in a steady manner according to needs and possibilities and at the same time strengthen financial regulation. Second, the relationship between virtual and real economy. We should always place importance on the development of real economy and put the economy on a solid and reliable basis. In addition, we should coordinate virtual economy with real economy and enable the former to better serve the latter. Third, the relationship between savings and consumption. We should see to it that consumption and savings are well-coordinated.

[JURIST] A US military judge on Friday rescheduled the trial of Guantanamo detainee Omar Khadr [DOD materials; JURIST news archive] for January 26. US Army Col. Patrick Parrish granted the defense's motion for an independent psychological and psychiatric examination [Globe and Mail report], which may determine whether Khadr's prior statements to government investigators could be admitted as evidence in the trial. The delay also means that the trial will not resume until the next US president takes office. Both Republican Presidential candidate Sen. John McCain and Democratic Presidential candidate Sen. Barack Obama have indicated a desire to close detention facilities at Guantanamo Bay. CBC News has more.

Khadr faces possible life imprisonment if convicted of crimes allegedly committed while he was at the age of 15 while fighting with the Taliban in Afghanistan [JURIST news archive]. Khadr was charged [charge sheet, PDF; JURIST report] in April 2007 with murder, attempted murder, conspiracy, providing material support for terrorism, and spying.

[JURIST] Yemeni security officials have unlawfully and arbitrarily detained hundreds of individuals [press release] as part of its campaign against northern Yemeni rebels since 2004, according to a report [PDF text] released Friday by Human Rights Watch (HRW) [advocacy website]. The report found that government security forces sometimes unlawfully arrested individuals who have committed no crime to pressure a wanted family member to surrender, silence journalists, or to put pressure on human rights activists. According to the report:

Human Rights Watch investigated 62 cases of disappearance and arbitrary arrest linked to the Huthi rebellion.... In nearly all of the cases, arresting officials did not identify themselves or inform the detainee or his family why he was being arrested and where he was being taken. The families of persons forcibly disappeared did not know for weeks or months after their arrest whether their loved ones were alive or not, who their captors were, or where they were being held. Some still do not know.

Most detainees, when they reappeared, did so at the Political Security Organization, the security and intelligence agency directly linked to the office of President Saleh, after having been effectively “disappeared” for weeks or months without
acknowledgement of their location. Some remain missing—the earliest unresolved enforced disappearance investigated by Human Rights Watch dates back to June 2007.