[JURIST] Authorities in Myanmar on Wednesday granted 39 foreign diplomats and journalists limited access to the trial of pro-democracy advocate and Nobel Laureate Aung San Suu Kyi [BBC profile; JURIST news archive]. Suu Kyi met briefly with representatives of Thailand, the chair of the Association of Southeast Asian Nations (ASEAN); Russia, the current president of the UN Security Council [official websites]; and Singapore during the third day of her trial at Rangoon's Insein prison [BBC backgrounder]. British Ambassador to Myanmar Mark Canning [official profile], who did not meet privately with Suu Kyi, said in a BBC interview [transcript] that it was not clear whether Myanmar would continue to grant access to the trial:

this was billed as a concession and I think the view of it is it’s better to have access of the sort we had today than not to have it. But I don’t think anyone would be taken in by the fact that this does not change the fundamental realities of what is going on. But, that said it was good that we were allowed in. Whether ... there will be a repeat of that, I’m not so sure.

[JURIST] Spain's Congress of Deputies [official website], the lower house of the Spanish parliament, passed a non-binding resolution Tuesday aimed at limiting the exercise of universal jurisdiction [AI backgrounder] over foreign nations in Spanish courts to those cases in which there is no current domestic investigation underway and where there exists a clear connection to Spain. The requisite connection to the country would include cases against Spanish citizens or people physically in Spain or cases involving Spanish victims. The call for such a limit reflects pressure from some foreign governments [Reuters report] including Israel and the US whose officials have been targeted by Spanish investigations. The resolution was originally proposed by the opposition Popular Party (PP) but is also supported by the ruling Socialist Party (PSOE) [party websites, in Spanish] and is likely to result in legislation [NYT report]. Human rights groups have spoken out against the resolution [AFP report], maintaining that this will only result in more impunity.

Universal jurisdiction gives Spain jurisdiction over foreign torture, terrorism and war crimes if the case is not subject to the legal system of the country involved. Earlier this month, a Spanish judge said that he would ask the US [JURIST report] about possible plans to prosecute six former US government lawyers for their alleged contributions to acts of torture at Guantanamo Bay [JURIST news archive] before deciding whether to proceed with his own investigation. The judge had taken the case over [JURIST report] from Spanish judge Baltazar Garzon [BBC profile; JURIST news archive] who opened an additional investigation into alleged torture in Guantanamo based on complaints by four former detainees. Another Spanish judge recently ordered investigations to continue [JURIST report] into alleged crimes against humanity committed in a 2002 Israeli attack in the Gaza Strip that implicates former Israeli defense minister Benjamin Ben-Eliezer [official profile] and six soldiers. Israel responded [text, PDF] to the Spanish investigation, claiming that it was fully capable of conducting its own investigations into alleged violations of national and international law. The Spanish courts previously invoked the principle of universal jurisdiction to indict former Chilean dictator Augusto Pinochet [JURIST news archive].

[JURIST] A US military judge on Tuesday granted a government motion to postpone hearings [ruling, PDF] for Saudi Guantanamo Bay [JURIST news archive] detainee Ahmed Mohammed Ahmed Haza al-Darbi [DOD materials]. Chief judge for military commissions Colonel James Pohl granted the government's motion for a continuance until September 24, 2009, reasoning that such a delay will permit the government to implement changes, complete the Detention Policy Review, and finish reviewing individual cases in a way that will serve the interests of justice. The delayed hearing was originally scheduled for May 27, following a previously granted continuance [ruling, PDF] in February. The hearing will address al-Darbi's claims that statements he made while detained were elicited through torture and therefore should be excluded from the case against him. The hearing would be the first to be held since US President Barack Obama [official profile] suspended the commission system in January. Obama announced last week that he was reviving the military commission system [JURIST report] with some procedural changes to afford defendants more rights.

Earlier this month, Pohl rejected a motion [JURIST report] for continuance brought by al-Darbi's lawyers, stating that the defense had been given enough time to prepare and that the hearing was necessary in order for al-Darbi's trial to begin. Al-Darbi is the brother-in-law of Khalid al Mihdhar, one of the September 11 hijackers who crashed a jet into the Pentagon. In March 2008, the US Department of Defense confirmed [press release; JURIST report] that al-Darbi had been charged [JURIST report] for his alleged role in a plan to bomb a ship off the coast of Yemen or in the Strait of Hormuz. He is accused of conspiracy and providing material support for terrorism under Sections 950v(b)(28) and (25) of the Military Commissions Act of 2006 [text, PDF]. Al-Darbi faces a maximum sentence of life in prison and has attempted to boycott his trial [JURIST report].

[JURIST] Members of the US Senate [official website] on Tuesday voted 90-6 [roll call] to approve an amendment [S AMDT 1133 materials] eliminating $80 million from pending legislation intended to fund the closure of the Guantanamo Bay [JURIST news archive] detention facility. Introduced by Senate Appropriations Committee chairman Daniel Inouye (D-HI) [official websites] and co-sponsored by five Republican senators, the measure prohibits using any funding provided by the Supplemental Appropriations Act of 2009 [HR 2346 materials] to "transfer, relocate, or incarcerate Guantanamo Bay detainees to or within the United States." Senate Majority Leader Harry Reid (D-NV) said during a press conference [transcript] that release of the funding would depend on the availability of a detailed plan from President Barack Obama [official profile], and does not need to be considered with the supplemental appropriations bill:

This is neither the time nor the bill to deal with this. Democrats under no circumstances will move forward without a comprehensive, responsible plan from the president. We will never allow terrorists to be released into the United States.

[JURIST] A council for the European Union (EU) [official website] on Tuesday said that Turkey should do more [press release, PDF] in terms of judicial reform, protection of citizens' rights, and various other efforts in order to further their request to be granted accession to the EU [criteria materials]. The 47th meeting of the EC-Turkey Association Council was held in Brussels on Tuesday to review relations between Turkey and the EU. The EU acknowledged the Turkish government's progress and commitment to reaching the accession requirements but maintained that reforms and substantial efforts are still needed in the areas of:

judicial reform, anti-corruption strategy, effective protection of citizens' rights, full implementation of the policy of zero tolerance of torture and ill-treatment, ensuring freedom of expression and of religion in law and in practice for all religious communities, respect for property rights, respect for and protection of minorities and strengthening of cultural rights, women's rights, children's rights and trade union rights, and the civilian authorities' control of the military.

[JURIST] A judge in the US District Court of New Jersey [official website] dismissed [opinion, PDF] a lawsuit Tuesday brought by the Constitutional Litigation Clinic at the Rutgers School of Law [academic website] alleging that former president George W. Bush [official profile] violated Congress's constitutional power [Article I § 8 text] to declare war by initiating a preemptive war against the nation of Iraq. Granting the government's motion to dismiss the suit for lack of jurisdiction, Judge Jose Linares found that the issue should be resolved by the government's political branches:

Rather than leaving to Congress the issue of whether to declare war and thereby invoke various corresponding obligations, Plaintiff's would have this Court second-guess Congress's decision to authorize something short of "war." This is plainly not the judiciary's role. ... Congress is fully-equipped to analyze the treaties, policy considerations, and accompanying obligations that would follow from a declaration of war and to choose a separate path accordingly. The fact that the United States is engaged in military action absent a declaration of war does not automatically invite the judiciary's analysis as to whether that action is "constitutionally sanctioned."

[JURIST] Disgraced Democratic Party fundraiser Norman Hsu [JURIST news archive] was convicted Tuesday in the US District Court for the Southern District of New York [official website] on charges of violating the Federal Elections Campaign Act (FECA) [text]. Hsu was accused of making illegal campaign contributions in other peoples' names in violation of the FECA. According to the indictment [text; JURIST report], Hsu also allegedly pressured clients to donate to his preferred democratic candidates and threatened to cut them off if they did not comply with his wishes. Sentencing was scheduled [Los Angeles Times report] for August 19.

In September 2007, New York prosecutors charged [JURIST report] Hsu with orchestrating a $60 million Ponzi scheme in connection with the same events. Hsu pleaded guilty [NYT report] to those fraud charges last week. The FBI arrested [press release] Hsu in Colorado on federal charges of unlawful flight to avoid prosecution after Hsu failed to appear for a bail hearing in California on unrelated fraud charges on September 5, 2007. Hsu formerly raised funds for political candidates, including Sen. Hillary Clinton. Clinton agreed to return $850,000 she received from Hsu when news of the charges became public.

[JURIST] The Colombian Senate [official website] on Tuesday approved [press release, in Spanish] a proposal to hold a referendum on amending the country's constitution [text, in Spanish] to allow for a third presidential term. Passed by a vote of 62-5, the measure would allow current two-term Colombian President Alvaro Uribe [official profile; JURIST news archive] to seek a third presidential term in 2010, although a similar proposal passed [Colombia Reports report] in the House of Representatives [official website, in Spanish] last year would require Uribe to postpone a third term until 2014. The two proposals must be reconciled in a conference committee and be approved by the Constitutional Court [official website] before the referendum can take place.

Uribe was elected to a second term in 2006 after a similar referendum, approved by Congress in December 2004 [NYT report] and the Constitutional Court in October 2005 [JURIST report], lifted the original one-term limit. Last June, the Colombian High Court [official backgrounder] ruled [AP report] that a legal inquiry should be held into the election after it found that a legislator had been bribed to help push through the constitutional changes. In response, Uribe called for a referendum [JURIST report] on the election.

[JURIST] Judge John Bates of the US District Court for the District of Columbia [official website] ruled [opinion, PDF] Tuesday on the limits of detaining terrorism suspects at Guantanamo Bay [JURIST news archive] who are not actual members of terrorist groups under the 2001 Authorization for Use of Military Force (AUMF) [text, PDF], rejecting the Obama administration's "substantial support" standard. The opinion rejected the government's argument that an individual who "substantially supports" a terrorist organization such as the "Taliban, al Qaeda or an associated force" but is not a member can be detained pursuant to the AUMF. The court also found that the government's detention authority does not extend to individuals who have only "directly supported hostilities," holding that such a detention power would be inconsistent with the law of war although evidence of such support could be used to determine whether an individual had "committed a belligerent act." Bates limited the scope of the government's detention authority over individuals who merely support terrorism groups, stating:

the Court rejects the concept of "substantial support" as an independent basis for detention. Likewise, the Court finds that "directly support[ing] hostilities" is not a proper basis for detention. In short, the Court can find no authority in domestic law or the law of war, nor can the government point to any, to justify the concept of "support" as a valid ground for detention.

Detention based on substantial or direct support of the Taliban, al Qaeda or associated forces, without more, is simply not warranted by domestic law or the law of war.

[JURIST] The Israeli High Court of Justice [official website] on Tuesday ordered the government to fund non-Orthodox conversion institutions. The decision, handed down by a three-judge panel, breaks the monopoly [Jerusalem Post report] that Orthodox conversion institutions hold over public conversion funding. The Religious Action Center of Reform Judaism [advocacy website] applauded the decision [press release], with Associate Director Mark Pelavin saying is, "ends one of the longstanding manifestations of government discrimination against non-Orthodox Judaism." The Israeli Religious Action Center [advocacy website] also expressed hope [press release] that the verdict would, "lead to a change in government policy and put an end to the exclusion of the Reform movement by the State."

While Tuesday's decision allots equal funding for orthodox and non-Orthodox conversion institutes, non-Orthodox converts still face difficulties [ADL backgrounder] integrating into Israeli society. In Israel, Orthodox conversion is the officially recognized conversion of the government [official website], and it is believed that many non-Orthodox converts to Judaism are not recognized as Jewish by religious law [Haaretz report].

[JURIST] The US Senate [official website] on Tuesday voted 90-5 [roll call] to pass the Credit Card Holders' Bill of Rights [text, PDF]. Among the provisions included in the bill are restrictions on retroactive interest rate increases, a mandatory 45-day notice for all proposed interest rate increases, and a requirement that credit card companies mail a billing statement to the consumer 21 days before the bill due date. Senate Majority Leader Harry Reid (D-NV) lauded [press release] the bill's passage, saying that the Senate, "stood up for consumers and stood up to abusive credit card companies." The House and Senate versions of the bill must be reconciled before the bill can be submitted to President Barack Obama.

It is expected that the president will quickly sign the bill, as credit card reform has been one of the administration's priorities since the presidential campaign [campaign website]. Last week, at a town hall meeting [transcript] in New Mexico, Obama called for, "strong, reliable protection for our consumers." The bill, sponsored by Congresswoman Carolyn Maloney (D-NY) [official website], passed the House of Representatives in April, 357-70 [roll call].