[JURIST] US Attorney General Eric Holder [official profile] Tuesday expressed his commitment to restoring a tradition of fairness and political neutrality [prepared remarks] to the Department of Justice (DOJ) [official website]. In video remarks to DOJ employees delivered after he was sworn in [WH press release] by Vice President Joe Biden [official profile], Holder said:

there shall be no place for political favoritism, no reason to be timid in enforcing the laws that protect our rights, our environment and our principles as long as I have the opportunity to lead this great Department. This may be a break from the immediate past but it is consistent with the long history of the Department of Justice. I call on every employee of this Department - from this moment on - to return to the practices that are the foundation of this entity. It is time once again to base our actions on policies that are rooted in fairness and in a desire to ensure a more just America

[JURIST] The Australian Federal Court [official website] Tuesday dismissed [judgment text] the application of former Serbian paramilitary commander Dragan Vasiljkovic [Trial Watch backgrounder] for review of a 2007 extradition order [JURIST report] that he be handed over to Croatian authorities. Vasiljkovic, also known as Daniel Snedden, is accused of war crimes in connection with his treatment of Croatian prisoners during the 1991-1995 War of Independence [GlobalSecurity backgrounder]. Justice Dennis Cowdroy [official profile] rejected Vasiljkovic's arguments that he would not be afforded a fair trial in Croatia:

The Court ... finds that there is no specific evidence of pre-trial bias against the applicant, nor is there a nexus established between the applicant’s apprehension and the question of whether he would be prejudiced at his trial. Further, the evidence before the Court establishes that the Croatian judiciary is capable of providing a fair trial to the applicant.

[JURIST] The International Court of Justice (ICJ) [official website; JURIST news archive] resolved a long-standing dispute [ICJ materials] between Ukraine and Romania Tuesday by drawing a new maritime border [judgment, PDF] between the countries, giving Romania four-fifths of waters believed to sit atop a sizable crude oil reserve. At issue was whether Ukraine's claim to Serpent Island - a small, X-shaped limestone formation - gave it territorial rights over the surrounding waters. The court's 15 judges unanimously approved the new boundaries. Romanian President Traian Basescu praised [HotNews report] the court's ruling, calling it a victory for Romania's Foreign Affairs Ministry. The Ukrainian presidential secretariat said the decision was a positive step [Kyiv Post report] toward cooperation between the two states. The decision is final and cannot be appealed.

Romania initially filed suit in the ICJ [JURIST report] in 2004 after years of unsuccessful attempts to resolve the matter diplomatically. The ICJ began hearing the case [JURIST report] in September 2008, in which Romania argued Ukraine's claims to Serpent Island were illegitimate, as it inherited the territory from the Soviet Union, which annexed it illegally. Ukraine contended the island is currently occupied by military personnel and scientists, although Romania claimed the activity recent and an attempt to influence the court's decision. Tuesday's decision may be seen as a step toward energy independence for Ukraine, which has recently been in a dispute [BBC profile] with Russia over gas supplies.

[JURIST] Australia's Supreme Court of Victoria [official website] Tuesday sentenced Algerian cleric [sentencing remarks] Abdul Nacer Benbrika [BBC profile], also known as Abu Bakr, to at least 12 years in prison for his role in plotting large-scale terror attacks aimed at sporting venues and railway stations in Australia. Benrika received a prison sentence of 12 to 15 years after being convicted [JURIST report] on charges [charge list] of directing the activities of a terrorist organization, being a member of a terrorist organization, and possessing a compact disc connected with the preparation of a terrorist attack. In dismissing defense counsel's argument that Benbrika's leadership was tenuous, Justice Bernard Bongiorno wrote:

His leadership may have been less than what would have been expected had he been a trained soldier or even a trained terrorist, and his and his followers’ capacity to carry out a terrorist act may have been less than professional. They may never have got to the point of carrying out a terrorist act. But all of these considerations are of little moment. By its existence, its nature and its activities the organisation fostered and encouraged its members to engage in violent jihad — to perform a terrorist act. By its collection and circulation of terrorist material it prepared, however indirectly, the doing of a terrorist act. These constitute the substance of the criminality in this case.

[JURIST] Six detainees from the Guantanamo Bay [JURIST news archive] military prison, including three Uighurs, are seeking refugee status in Canada with the support of Canadian sponsors. The Uighurs were last year deemed [Kiyemba v. Bush backgrounder; JURIST report] not to be unlawful enemy combatants [10 U.S.C. § 948a text; JURIST news archive]. Lawyers for the men have said that US authorities have admitted the men were mistakenly picked up, and are ideal candidates for refugee status in Canada. They also have said that the men will face torture or even death if they are allowed to return to China.

The three Uighur detainees are part of a group of 17 whom the US government have determined are not unlawful enemy combatants. They had initially been linked with the East Turkestan Islamic Movement (ETIM) [GlobalSecurity backgrounder], a militant group that seeks to secede from China, and has been designated a terrorist group by the US since 2002. In October, a judge for the US District Court for the District of Columbia [official website] ordered the release of the detainees [opinion and order, PDF], writing that the Constitution prohibits detention without cause and that the individual right to freedom outweighs the other governmental branches' right to deny entry to aliens. Judges for the DC circuit court stayed the order [order, PDF; JURIST report] later that month pending appeal. In November, the US Court of Appeals for the DC Circuit [official website] heard oral arguments [JURIST report] on whether the Uighur detainees can be released into the US. China has renewed its demand [JURIST report] for the Uighurs to be repatriated to face charges there.

[JURIST] Special Court for Sierra Leone (SCSL) [official website; JURIST news archive] prosecutor Stephen Rapp [official profile] said Monday that a verdict in the war crimes case against former Liberian President Charles Taylor [case materials; JURIST news archive] is expected in early 2010. Rapp said that the last of the prosecution's 91 witnesses was called last Friday and that the trial will likely remain in recess until April, when the defense will begin calling witnesses. Taylor has pleaded not guilty to all 11 counts [indictment, PDF] of crimes against humanity, violations of the Geneva Conventions [materials], and other violations of international humanitarian law.

Taylor is generally deemed responsible for leading and funding civil wars in Liberia and neighboring Sierra Leone. He has previously complained that his single court-appointed defense lawyer was unfairly outnumbered [JURIST report] by the prosecution team. The criticism prompted the SCSL to add four people to Taylor's defense team and increase funding available to Taylor [JURIST report] to approximately $100,000 per month, despite a UN report that concluded Taylor may control millions of dollars [JURIST report] held in bank accounts worldwide. It was later determined that Taylor held $5 billion in two US banks [JURIST report] during his presidency. His trial began in Sierra Leone, but has been moved to The Hague [JURIST report] for security reasons. Last month, Taylor's son was sentenced to 97 years [JURIST report] in a US prison for committing torture in Liberia.

[JURIST] The number of political prisoners in Cuba [JURIST news archive] has declined from 234 in January 2008 to 205, while the number of brief detentions has increased, according to the Cuban Commission on Human Rights and National Reconciliation (CCDHRN) [El Pais backgrounder, in Spanish] Monday. The CCDHRN report attributed the decline in the number of political prisoners [AP report] to the lack of extended prison terms for those arrested, which was the custom until 2003. Despite the decrease in political prisoners, the country has experienced a significant rise in the number activists that are briefly detained by the government. In 2008, more than 1,500 activists were arbitrarily detained for a short period of time. The CCDHRN, led by Cuban human rights activist Elizardo Sanchez, is the only independent source of information regarding political arrests in Cuba. The group is considered illegal by the Cuban government, but its existence and operation is tolerated by the regime. The Cuban government officially denies the existence of political prisoners.

Last month, Human Rights Watch (HRW) [advocacy website] released its 2009 report [report, text] on Cuba. The report acknowledged some attempts in 2008 by the country to improve its position on human rights, but overall the Cuban government continues to deny its citizens their fundamental rights. In October, Cuba was ranked 169th in the seventh annual Worldwide Index of Freedom [JURIST report] issued by Reporters Without Borders (RWB) [advocacy website; JURIST news archive]. In December 2007, Cuba agreed to sign an international human rights pact [JURIST report] and to allow UN human rights of observers into the country beginning this year. The government signed the treaties [JURIST report] in February of 2008. Last year, the CCDHRN reported that the number of political prisoners in Cuba had decreased [JURIST report] from 283 at the end of 2006 to to 234 at the end of 2007, but human rights abuses continued in the communist Caribbean state.

[JURIST] The African Union (AU) [official website] agreed Monday to seek a postponement of the pending International Criminal Court (ICC) [official website] indictment against Sudan President Omar al-Bashir [BBC profile; JURIST news archive], citing concerns over a possible threat to the peace process in Sudan. Meeting at the 12th African Union Summit [official website] in Addis Ababa, Ethiopa, the AU's Peace and Security Council [official website] agreed to lobby the ICC for a one-year suspension of the case [AFP report]. AU Commission Chairman Jean Ping expressed concern over the fact that ICC cases have been confined to the adjudication of war crimes and crimes against humanity only in African conflicts [Sudan Tribune report].

ICC Chief Prosecutor Luis Moreno-Ocampo [offical profile] applied for an arrest warrant for Bashir [JURIST report] in July, charging him with genocide, crimes against humanity, and war crimes. The warrant was condemned [JURIST report] by the Arab League [official website, in Arabic] and criticized [JURIST report] by South African President Thabo Mbeki [official profile]. In December, ICC judges gave Moreno-Ocampo until January 26 to provide supplemental information [JURIST report] about a September 2007 attack [BBC report] on an African Union [official website] base in Haskanita. The events at the ICC were preceded by a Security Council statement in June urging Sudan to work with the ICC [JURIST report] to "put an end to impunity for the crimes committed in Darfur." Sudan is not a party to the ICC, but must cooperate to fulfill its obligations under Council Resolution 1593 [text], which established jurisdiction over the Darfur situation. Hundreds of thousands of people have allegedly been killed in Darfur by Sudanese military and janjaweed [Slate backgrounder] militia forces.

[JURIST] Canadian meat producer Maple Leaf Foods [corporate website] announced Monday that it had reached a proposed settlement agreement [notice of proposed settlement, PDF] with class action plaintiffs who brought suit against the company [class action website] in connection with sales of meat tainted with listeria monocytogenes [CDC backgrounder], which sickened 56 Canadians and caused 20 deaths across the country in 2008. Under the proposed settlement, Maple Leaf Foods will pay between $25-$27 million to settle the claims of class members who submit to the settlement agreement:

The Settlement provides for the creation of a $25 million (CDN) settlement fund (Settlement Fund) from which eligible consumers and/or their family members may receive varying levels of compensation. Notice costs, administration costs, and class counsel fees and disbursements as more particularly described below will also be paid out of the Settlement Fund. The Defendants will also pay up to a further $2 million (CDN) if the Settlement Fund is insufficient to fully compensate all eligible claims. The amount each claimant will receive depends upon the severity of their illness. For claimants who sustained physical symptoms consistent with Listeriosis, the compensation ranges from $750 (for physical symptoms lasting between 24-48 hours) up to $125,000 (for serious and long lasting physical injuries). The estates of Class Members who died as a result of symptoms consistent with Listeriosis will be paid $120,000, plus additional substantial amounts to immediate family members.