[JURIST] Five more people have been sentenced to death by a Chinese court in connection with the July Xinjiang riots [JURIST news archive], state media reported [Xinhua report] Thursday. The sentencing came in connection to the killing of a police officer with a rock and the killing of bystanders during the riots. The Intermediate People's Court of Urumqi sentenced two others to life imprisonment and handed down jail terms for six others. Last month, the Chinese government carried out the executions [JURIST report] of nine others convicted in connection with the riots for murder, assault, arson, and robbery, after a review by the Supreme People's Court [official website, in Chinese] upheld their sentences.

The actions of the Chinese government in the aftermath of the riots have been heavily criticized [JURIST report] by Human Rights Watch (HRW) [advocacy website]. HRW has stated that the trials of the suspected rioters have been marred by infringements on due process and political considerations. Additionally, HRW reported [JURIST report] that more than 40 Uighurs had disappeared while in the custody of Chinese authorities after large scale sweeps by police. Residents of the region claim that the majority of the deaths were at the hands of Chinese authorities, but Chinese state media has reported [Xinhua report] that most of the deaths were due to protesters. The Chinese government has admitted that police were responsible for 12 of the deaths [JURIST report]. The Muslim Uighur population is opposed [BBC backgrounder] to China's restrictive bans on religious practice and says that the recent influx of Han Chinese has disenfranchised non-Chinese-speaking Uighurs. Violence broke out July 5, after Uighurs attacked Han Chinese during protests ignited by an attack at a factory in southern China that left two Uighurs dead.

[JURIST] Two justices on Russia's Constitutional Court [official website, in Russian] renounced their positions Wednesday, on the recommendations of their fellow justices, after publicly criticizing the nation's lack of judicial independence. Senior justice Anatoly Kononov, whose term of office was to expire in 2017, will resign [Moscow Times report] from the Constitutional Court at the end of this month. Justice Vladimir Yaroslavtsev will remain on the court, but has stepped down from his position on the country’s Council of Judges. In August, Yaroslavtsev gave an interview [text, in Spanish] to Spanish newspaper El Pais, in which he criticized Russia's judicial system, citing its lack of independence and corruption. Yaroslavtsev claimed the legislative branch is "paralyzed" and called the government "authoritarian." Kononov, who has spoken-out about judiciary problems in the past, publicly defended Yaroslavtsev's comments. In October, both justices were accused of undermining judicial authority by breaching the Judges' Ethics Code and the Law on the Status of Judges.

Russia has long been plagued by criticism over a lack of judicial independence. In June, the Council of Europe (COE) [official website] urged substantial reforms to correct systemic problems [JURIST report] in the Russian legal system, including the lack of judicial independence. Russian President Dmitry Medvedev [official profile] acknowledged the need for judicial reform [JURIST report] last December, saying that transparent courts would restore faith in the justice system and prevent people from seeking redress in the European Court of Human Rights (ECHR) [official website].

[JURIST] The Canadian government on Wednesday released more than 40 redacted e-mails [text, PDF] sent by former diplomat Richard Colvin to then-foreign affairs minister Peter MacKay [official profile] raising concerns about the torture of detainees who were transferred to Afghan prisons by Canadian authorities. The e-mails, which Colvin alleges were sent in violation [Montreal Gazette report] of instructions to avoid written communication, were requested by the House of Commons Special Committee on the Canadian Mission in Afghanistan [official website] in order to corroborate testimony [JURIST report] Colvin gave to the committee last month. Throughout the spring of 2006, Colvin relayed allegations made by the International Committee of the Red Cross [official website] that Afghan authorities were routinely torturing detainees, and that by refusing information requests and failing to provide timely notice of transfer to Afghan custody, the Canadian military was hindering efforts to track Afghan detainees and monitor their treatment. Peter Tinsley, Chair of the Military Police Complaints Commission (MPCC) [official website], also released redacted copies of the e-mails Wednesday at the request of Amnesty International (AI) and the British Columbia Civil Liberties Association (BCCLA) [advocacy websites] after finding that the contents had already been selectively leaked [Toronto Star report] to media organizations.

Last week, former Chief of Defence Staff [official website] Rick Hillier [NSB profile] testified before the committee, rejecting [JURIST reports] Colvin's accusations and saying that, after reviewing the reports, he determined that they reports did not contain any information that would have required Canadian officials to bring them to his attention. AI and BLCCA filed complaints [JURIST report] in 2007 against the Canadian Forces Provost Marshal [official website], alleging complicity in torture by Canadian personnel serving in Afghanistan. AI accused Canada of violating the Charter of Rights and Freedoms [text] by turning Afghan detainees over to Afghan authorities without any protection against later cruel and unusual punishment. In March 2008, the MPCC decided to hold public hearings to investigate the country's detainee transfer process in Afghanistan, despite a move from the Canadian Department of Justice to block the inquiry [JURIST reports]. In September, the Canadian Federal Court ruled [JURIST report] that the MPCC's authority was limited to the investigation of military police, and it did not have the authority "to investigate government policy and to inquire as to the state of knowledge of the Government of Canada at large."

[JURIST] The Honduran National Congress [official website, in spanish] on Wednesday voted 111-14 not to reinstate ousted president Manuel Zelaya [BBC profile; JURIST news archive] who was removed by a military coup earlier this year. The vote was held [El Heraldo report, in Spanish] in accordance with the Tegucigalpa/San Jose accord [Honduras News materials], brokered [JURIST report] in October, which gave Congress the power to decide whether to allow Zelaya to serve out the remainder of his term ending January 27. Elections were held [NYT report] Sunday to determine who would succeed interim president Roberto Micheletti [CNN backgrounder], with conservative candidate Profirio Lobo Sosa [BBC profile] winning by a wide margin [La Prensa report, in Spanish]. The US has described [press release] Lobo's election as an important step in normalizing relations between the two countries, but emphasized that additional concerns about the country's political situation need to be addressed. Other members of the Organization of American States (OAS) [official website] have expressed differing opinions on the election results, with the presidents of Colombia, Costa Rica, Panama, and Peru having recognized the election results, and Brazil, Argentina, and Venezuela withholding support.

Last week, the Honduran Supreme Court [official website, in Spanish] issued a non-binding advisory opinion ruling that Zelaya could not legally return to office [JURIST report]. In July, the court refused [JURIST report] a petition by the OAS Secretary General calling for the reinstatement of Zelaya as the country's head of state. Zelaya was ousted [JURIST report] in June, following a judicial order [press release, in Spanish] asserting that he had broken Honduran law by attempting to conduct a controversial referendum on constitutional reform [JURIST report], contrary to a Supreme Court ruling. Zelaya has made several failed attempts to return to office, including attempting to fly into the country accompanied by international leaders.

[JURIST] The US Department of Justice (DOJ) [official website] announced Thursday that Deputy Attorney General David Ogden [official profile] will resign from his position [press release] to reenter the private sector. Ogden outlined his reasons for leaving, citing his original goal to assist in a smooth transition from the previous administration, and highlighted the changes that have occurred in the DOJ during his eight months as second-in-command. In a statement, Ogden expressed confidence in the DOJ to continue to perform its duties, saying:

we have put in place a terrific senior management team that under the Attorney General's leadership will build on this foundation. Through our work in each of these areas, the goals I hoped to achieve when I accepted this position either have been or soon will be fulfilled. The Department is in good hands, and I feel I can now return to the private practice I have missed these thirteen months.

[JURIST] The Quebec Superior Court [official website] began hearing arguments [CCIJ press release] Wednesday on the pivotal issue of Canadian torture victims' right to sue foreign governments and foreign officials on Canadian soil. The case was brought by Stephan Hashemi, son of slain Canadian-Iranian photojournalist Zahra Kazemi [CBC profile; JURIST news archive], against the Iranian government and three officials for their role in the 2003 death of his mother in a Tehran prison. Hashemi is seeking moral, physical, and punitive damages for the arrest, torture, sexual abuse, and death of his mother. Citing Canada's State Immunity Act [text], which strictly limits the circumstances under which a foreign government or its officials may be sued in Canada to commercial purposes only, the nation's courts have previously refused [CBC report] to hear civil suits brought against foreign countries. Matt Eisenbrandt, a human rights lawyer and legal coordinator for the Canadian Centre for International Justice (CCIJ) [advocacy website] who is working on the case, maintains that the immunity act violates other Canadian laws such as the Charter of Rights and Freedoms [text] and the Bill of Rights [text]. The CCIJ and the Amnesty International France [advocacy website, in French] have both applied for intervenor status [Toronto Star report].

Kazemi was arrested in June 2003 after photographing a demonstration outside Evin prison in Tehran. The Montreal resident was never formerly charged with a crime, but an examination [JURIST report] demonstrated physical signs of torture, severe beating, head trauma, and rape, which consequently led to her death in July of 2003. Iranian authorities originally stated that her death was accidental and caused by a stroke but later conceded that she was beaten while still maintaining that the death was accidental. In the original suit brought in Iran, the intelligence officer charged with Kazemi's death was acquitted [JURIST report]. On appeal a higher court upheld the acquittal but allowed the murder investigation to be reopened [JURIST report].

[JURIST] Albania is willing to accept [press release] additional Guantanamo Bay [JURIST news archive] detainees, Prime Minister Sali Berisha [official website] told reporters on Wednesday, calling closure of the prison a "human rights issue." Berisha said [Balkan Insight report] that he will not accept Chinese Uighurs [JURIST news archive] due to concerns for preserving positive relations with China:

Naturally, I have said that we can not accept Yughurs, because of already known reasons, I am transparent and open, relations with China are of special importance for Albania. China is a friendly country, and relations with it can not become complicated. In the first case, everything was cleared, and it will not be repeated.

[JURIST] The US House of Representatives Financial Services Committee [official website] on Wednesday approved [press release] the Financial Stability Improvement Act [HR 3996 materials; summary, PDF] to address various economic dangers posed by large financial institutions. The bill seeks to increase regulation and to allow government regulators to control the collapse of large financial firms to lessen any potential economic strains. This would allow for orderly and controlled dissolutions at the expense of only the shareholders and creditors. If passed, the legislation would require companies with assets of more than $50 billion and hedge funds with assets over $10 billion to pay into a "Systemic Dissolution Fund" that would bear the cost of winding down the affairs of failing companies. The creation of such a dissolution fund would shift the burden of future bailouts from taxpayers to the financial services industry itself.

The collapse of complex financial firms has recently spurred government action to increase regulation and oversight. In September, marking the one-year anniversary of the collapse of Lehman Brothers, President Barack Obama stressed the need [JURIST report] for stronger financial industry regulations. Last month, Senate Banking Committee [official website] chair Chris Dodd (D-CT) introduced financial regulatory legislation [JURIST report] designed to limit systemic risk to the country's economy. In April, the House approved [JURIST report] a bill [HR 1664 materials] that allows the Treasury Department to ban certain types of compensation at companies which receive federal bailout money from the Troubled Asset Relief Program (TARP).

[JURIST] Current US immigration detention and transfer policies unnecessarily interfere with individual detainees' rights to counsel and procedural fairness, according to two reports released Wednesday urging reforms to the system. According to a report [text, PDF; press release] by the Constitution Project [advocacy website], the government should:

improv[e] access to counsel for immigration detainees and, more generally, for all non-citizens in removal proceedings, including individuals who are not detained. ... Appointed counsel for detainees would benefit both non-citizens and the government. By focusing on the crucial issues in each case, attorneys could make the removal process more efficient and, as a result, less costly. Most importantly, the process would be more just.

erect often insurmountable obstacles to detainees' access to counsel, the merits of their cases notwithstanding. Transfers impede their rights to challenge their detention, lead to unfair midstream changes in the interpretation of laws applied to their cases, and can ultimately lead to wrongful deportations.

[JURIST] The Australian Senate [official website] on Wednesday voted against [daily summary, PDF] legislation aimed at reducing carbon pollution. The Senate voted 41-33 [official proceedings] against the Carbon Pollution Reduction Scheme Bill 2009 [No.2] [materials] and ten related bills that would have established a cap-and-trade system. The scheme, similar to the current European system, would have been implemented by July 2011 and aimed to increase emissions reductions from 5 percent to 15 percent by the year 2020. Detractors of the bills alleged that Australian consumers would face higher energy prices and that it would be meaningless for Australia to adopt a cap-and-trade system if the US does not also adopt one. Prime Minister Kevin Rudd [official website], backed by the Labor Party [party website], had intended to present the carbon reduction scheme to the UN Climate Change Conference (COP15) [official website] in Copenhagen, Denmark, next week. Deputy Prime Minister Julia Gillard [official profile] has said that government will not pursue early parliamentary elections under Section 57 of the Australian Constitution [text, PDF] and intends to re-submit the legislation [Reuters report] a third time in February. Australia derives most of its electricity from coal and accounts for 1.5 percent of the world's CO2 emissions, but has the highest emissions per capita [ABC report] among developed nations.

US President Barack Obama acknowledged [press release; JURIST report] in November that it is unlikely that the COP15 will produce a legally binding agreement addressing global climate change. Deputy National Security Adviser for International Economic Affairs Michael Froman said that it is impractical to expect that a final, legally binding agreement could be negotiated in time for the summit. In early November, UN Secretary-General Ban Ki-Moon [official website] attempted [remarks; JURIST report] to temper expectations for the climate change conference, saying that it might not result in a treaty. The meeting of world leaders is an effort to replace the controversial Kyoto Protocol [JURIST news archive] that several nations, including the US, did not sign.