[JURIST] French Immigration Minister Eric Besson [official profile, in French] on Friday presented a bill that would create "transit zones" allowing the French government to immediately detain undocumented immigrants wherever they are found. According to Besson, the draft law [Le Monde report, in French] will allow the government to hold either a single individual or a group if they arrive outside a specified checkpoint. The legislation would also change the amount of time an immigrant has to challenge deportation from 30 days to 48 hours. Additionally, the bill would allow for a three year ban on returning to the country for those that are expelled, it would repeal the authority of certain judges to intervene in the cases dealing with the detention of illegal immigrants, and it would institute harsher fines and restrictions for employers who hire illegal workers. The bill is to be put before the Council of Ministers [official website, in French] in March.

French immigration laws have been the subject of controversy in recent years. In November 2008, the Council of Europe Commissioner for Human Rights Thomas Hammarberg [official profile] released a report saying that "French detention and immigration policies risk reducing human rights protection." On overall immigration policy, Hammarberg said [press release] that a French quota on irregular migrant worker expulsion was improper and that a permanent solution needs to be reached regarding the situation of minority Roma [JURIST news archive]. In September 2007, France's National Assembly [official website, in French] passed an immigration bill [materials, in French; JURIST report] that drew criticism because it permitted officials to test the DNA of an applicant seeking to rejoin family in France if immigration officials doubted the veracity of the application. In June 2006, the French parliament passed a conservative immigration bill [JURIST report] that tightened restrictions on unskilled, non-EU immigrants and required immigrants to sign a pledge to learn French and to abide by French law

[JURIST] The head of the UK intelligence service MI5 [official website] on Friday denied [press release] accusations that it had collaborated with the US over the alleged torture of former Guantanamo Bay [JURIST news archive] detainee Binyam Mohamed [BBC profile; JURIST news archive]. Director General Jonathan Evans [official profile] made the comments in response to criticisms [Guardian report] by Lord David Neuberger that the organization did not respect human rights, that it misled parliament, and that is supported a culture of suppression. Evans admitted that MI5 had made mistakes in the past but emphasized that the organization does not condone torture:

One shortfall [the Intelligence and Security Committee] highlighted in 2005 and again in 2007 was that the British intelligence community was slow to detect the emerging pattern of US mistreatment of detainees after September 11, a criticism that I accept. But there wasn’t any similar change of practice by the British intelligence agencies. We did not practise mistreatment or torture then and do not do so now, nor do we collude in torture or encourage others to torture on our behalf.

[JURIST] Nigerian acting President Goodluck Jonathan [BBC profile] must take action to "tackle the culture of impunity" in Nigeria, Human Rights Watch (HRW) [advocacy website] said in a letter [text] dated Friday. HRW Executive Director Kenneth Roth called on Jonathan to address rights abuses left unaddressed during the two-and-a-half-year term of the Umaru Yar'Adua [BBC profile] presidency. Specifically, the letter highlighted "endemic corruption, inter-communal violence, abuses by state security forces, and the crisis in the Niger Delta." The letter stated in part:

The two and a half years of the Yar'Adua presidency have seen a disappointing rate of progress, if not significant setbacks, in addressing these concerns. You have the chance to do better. Not only has the Nigerian government undermined efforts to tackle widespread corruption, but government security forces continue to commit serious abuses, such as extrajudicial killings and torture, with impunity. Promising initiatives that were undertaken by the Yar'Adua administration, such as police and electoral reform, have yet to translate into any tangible policy changes. Meanwhile, the government's 2009 amnesty plan for the Niger Delta has failed to address the root causes of the violence and instability - corruption and mismanagement of oil wealth and the arming of criminal gangs by ruling-party politicians.

[JURIST] US Attorney General Eric Holder [official website] refused to rule out [WP report] a military commission for accused 9/11 co-conspirator Khalid Sheikh Mohammed [BBC profile; JURIST news archive], in an interview with the Washington Post published Friday. Holder said that more important than the location or forum is that the trial be transparent and adhere to the rules. Administration officials said President Barack Obama will take a greater role in deciding where and how the trial takes place, despite originally leaving the decision up to Holder. The possible civilian trial has received backlash from both New York City officials and members of Congress, including some who support closing Guantanamo Bay. Senator Lindsey Graham (R-SC) [official website] said [press release] the 9/11 terror suspects should not be granted the same constitutional rights as American citizens and should be tried by military commission, proposing legislation to cut off funding for a civilian trial.

On Sunday, Obama said that a civilian trial in New York City for Khalid Sheikh Mohammed is still a possibility, despite reports that the White House is considering other options [JURIST reports]. Obama said officials are looking into the logistical and security issues present before making the decision. The Obama administration has faced growing objections from New York City and state officials, and criticism over the planned trials since they were first announced [JURIST reports] in November. Last month, New York City Mayor Michael Bloomberg [official website] urged [JURIST report] the federal government not to hold the trial in the city citing costs and potential disruptions to the lives of New Yorkers. White House Press Secretary Robert Gibbs said last month that upon being tried and convicted, Khalid Sheikh Mohammed would likely be executed [JURIST report] because of the heinous nature of the crime.

[JURIST] The International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] on Friday dismissed [judgment, PDF] the appeal [text, PDF] against the imposition of a court-appointed lawyer by former Bosnian Serb leader Radovan Karadzic [case materials; JURIST news archive]. Last month, Karadzic appealed the imposition of a court-appointed lawyer [JURIST reports] claiming his right to "legal assistance of his own choosing" under Article 21(4)(d) of the Statute of the ICTY and the Appeals Chamber ruling [texts, PDF] in Prosecutor v. Seselj was being violated. Because Karadzic chose to represent himself, the Appeals Chamber found that he "does not enjoy any rights that are derived from choosing to be represented by legal counsel." They also stated that:

Karadzic's persistent obstructive behaviour has made it necessary, in the interests of justice, to limit his right to self-representation by assigning counsel to represent his interests,

[JURIST] Sri Lanka's Supreme Court agreed on Friday to consider a petition questioning the legality of the arrest of opposition presidential candidate and former general Sarath Fonseka [BBC profile]. The petition was filed [AFP report] by Fonseka's wife. Also Friday, street protests against Fonseka's arrest continued for a third day. Lawyers marched silently in Sri Lankan capital of Colombo, clad in black ceremonial robes. Eight people were reportedly injured [Reuters report] in a clash between the protesters and police, as the protesters exited the Supreme Court. The Sri Lankan Media Centre for National Security (MCNS) announced [press release] Monday that Fonseka was arrested [JURIST report] "in connection with certain fraudulent acts and other military offences." Incumbent President Mahinda Rajapaksa [official website, in Sinhala] alleges that Fonseka was planning a coup [BBC report]. Human Rights groups have expressed concern [JURIST report] that the decision to try Fonseka in a military court will deprive him of "due process."

On Tuesday, Rajapaksa dissolved [JURIST report] Parliament [official website] and called for early parliamentary elections. It is believed that Rajapaksa is trying to harness momentum from the presidential election in January, in which he was re-elected, to gain more seats in parliament for his political party, Freedom Alliance. Last week, 37 people, most of them military officers, were arrested in connection to an alleged assassination attempt against Rajapaksa. The Sri Lankan Supreme Court ruled last week that Rajapaksa's second term [JURIST report] will begin in November. The apparent victor in January's elections, Rajapaksa defeated Fonseka by an official margin of 18 points, winning re-election to a second term in office. Fonseka has disputed [Al Jazeera report] the results, saying violence and vote-counting irregularities invalidated the outcome.

[JURIST] The European Court of Human Rights (ECHR) [official website] ruled [press release] Friday that Russia breached the European Convention on Human Rights [text] in two cases concerning disappearances in Chechnya [JURIST news archive]. In the cases of Razman Guluyeva and Islam Dubayev [judgments], the ECHR held that Russia violated the right to life, the right to liberty and security, the right to an effective remedy, and prohibitions on inhuman or degrading treatment. Relatives of Guluyev brought the first case before the court, arguing that the Russian authorities had failed to properly investigate Guluyev's 2002 disappearance after he was taken from his home in Grozny by armed men in camouflage uniforms. Applicants in the second case are relatives of Dunbayev and Roman Bersnukayev, members of an armed militia in the Caucuses, who were abducted from the town of Urus-Martan in 2000 and 2001. Russia has been ordered to pay damages [RIA Novosti] in both instances.

The ECHR has repeatedly ruled against Russia in human rights cases involving Chechnya, and rights groups have urged Russia to enforce the judgments [JURIST report]. In September, the ECHR found Russia liable [JURIST report] for the disappearances of two civilians. In April, the ECHR ordered [JURIST report] Russia to pay a total of €282,000 to compensate the families of Chechen abduction victims. In March, the court ordered Russia [JURIST report] to pay €37,000 to a Russian national for the death of her husband, who was chopping wood when Russian troops killed him in 2000. In December 2008, the ECHR determined [JURIST report] Russia had violated the human rights of six other Chechens who disappeared between 2001 and 2003, and ordered Russia to pay the victims' families €320,000. Also last December, Russian President Dmitry Medvedev [official profile] proposed [transcript, in Russian] that Russian courts become more transparent [JURIST report] in order to restore faith in the justice system and prevent people from turning to the ECHR.

[JURIST] Israel has begun to reroute a segment of its West Bank security barrier [official website; JURIST news archive], said Ministry of Defense [official website, in Hebrew] spokesperson Shlomo Dror on Thursday. The modifications, which may not be completed until the end of the year, will shift the controversial barrier's path several hundred yards west [AFP report] of its current location near Bilin, and will return more than 800,000 square yards [JTA report] of land to Palestinian farmers. The move comes more than two years after the Israeli Supreme Court ruled [JURIST report] that the government must change the route because it excessively encroached on Palestinian territory and infringed on residents' rights to access fields and orchards blocked by the barrier.

The contested portion in Bilin is just 500 acres of a 410-mile wall along the West Bank border, which Israel began to construct in 2002 to keep suicide bombers from entering Israeli territory. The barrier has been denounced by Palestinians as a land grab that has broken up communities and families, but Israeli officials insist it is necessary to prevent terrorist attacks. In 2006, the Israeli Supreme Court ordered Israel to dismantle another section of the wall in the northern West Bank, but Israeli courts have also rejected [JURIST reports] petitions by Palestinians when security concerns outweighed the Palestinians' objections. In 2004, the International Court of Justice [official website] issued a non-binding advisory opinion [text; JURIST report] that parts of the wall should be torn down.

[JURIST] An Iraqi appeals panel ruled Thursday that 28 previously banned candidates can stand in the March 7 elections [JURIST news archive]. The ruling came after Prime Minister Nouri al-Maliki [official website, in Arabic] said Monday that the dispute over banned candidates would be resolved [JURIST report] within the week. The Responsibility and Justice Committee had initially ruled that some banned 500 candidates could stand for election, despite allegations of ties to Saddam Hussein's Baath Party [BBC backgrounder], a decision that the Iraqi government characterized as illegal, but that decision was reversed [JURIST reports] Sunday when the panel acknowledged that it did not have to rule on all 500 candidates at once. Some candidates had already been replaced, and of 177 disqualified candidates who appealed their decisions, all but 37 were disqualified [Reuters report] for improper filing.

Last week, US Secretary of State Hillary Clinton [official website] urged Iraq [AFP report] to allow the disqualified candidates to run. Iraqi leaders who opposed the original decision to exclude 500 candidates had called on [JURIST report] the Supreme Court to analyze whether the decision was legally binding. The Iraqi Parliament had been summoned to an emergency session on Sunday to debate whether to further postpone the scheduled March 7 elections, but the session was delayed when not enough lawmakers were present to achieve a quorum. The Independent High Electoral Commission (IHEC) [official website] previously postponed the parliamentary elections campaign, originally set to begin last Sunday, until Friday, when campaigning officially got underway [AFP report]. The election will determine the 325 members of the Council of Representatives of Iraq who will then elect the prime minister and president.

[JURIST] UN Independent Expert on the situation of human rights in Sudan Muhamed Chande Othman said Thursday that while Sudan has made progress [text] in protecting human rights, grave problems still exist. Othman praised [UN News Centre report] the "institutional and legislative reform" leading to the passage of several laws protecting children and the press and creating election and human rights commissions, but said that Sudan still faces a number of problems. Specifically, Othman expressed concern about the governments failure to appoint commissioners to the country's Human Rights Commission created eight months ago, criminal procedure laws that "infringe fundamental rights," and reports of threats and harassment directed against potential candidates for public office. On Darfur [JURIST news archive], Othman said many people lack access to justice, that the government often detains people for significant periods of time without bringing charges against them, and that the government has failed to bring to justice those suspected of committing war crimes.

On Wednesday, UN and Darfur government groups began work [JURIST report] on compensation for victims of the conflict in Darfur. On Monday, the African Union (AU) [official website] called for a hybrid court [JURIST report] of Sudanese and foreign judges to hear trials of individuals accused of war crimes in Darfur. Last week, the Appeals Chamber of the ICC reversed [JURIST report] a Pre-Trial Chamber decision that denied the application for an arrest warrant on genocide charges against Sudanese President Omar al-Bashir [BBC profile; JURIST news archive]. In December, Sudan lawmakers agreed on a law addressing the implementation of a 2011 referendum on southern independence agreed to earlier in the month [JURIST reports]. Under the 2005 Comprehensive Peace Agreement (CPA) [UN press release] that ended two decades of civil war, Sudan is expected to hold its first democratic multi-party elections in almost a quarter of a century in April.

[JURIST] The Paris District Court [official website, in French] on Thursday ordered Internet auction house eBay to pay LVMH Moet Hennessy Louis Vuitton (LVMH) [corporate website] €200,000 ($275,000) in damages for paying search engines to direct customers to counterfeit LVMH products. The court found that eBay registered names similar to Louis Vuitton [AP report] with search engines knowing that consumers looking for counterfeit products would search using those terms and be led to auctions on eBay selling those goods. The court also ordered eBay to pay LVMH €30,000 ($41,300) in attorney's fees and said that auction company will be fined €1,000 for any future violations of Thursday's judgment. A spokesperson for eBay said the company has not decided whether to appeal [WSJ report] the judgment.

In a separate case in September, the European Court of Justice (ECJ) [official website] issued an advisory opinion against LVMH [JURIST report] in its suit to collect damages from Google for Google's AdWords system, which allows companies and individuals to purchase advertising space when a user searches for a product or brand name. In 2008, the US District Court for the Southern District of New York ruled [JURIST report] that eBay has no duty to actively monitor its site for counterfeit goods. Earlier in 2008, however, a French court ordered eBay to pay LVMH $63 million [JURIST report] for failing to prevent the sale of counterfeit luxury goods.

[JURIST] US Director of National Intelligence Dennis Blair [official profile] on Wednesday condemned [press release, PDF] a UK Court of Appeal ruling [judgment text; JURIST report] that the British government must publish intelligence relating to the alleged torture of former Guantanamo Bay detainee Binyam Mohamed [JURIST news archives]. UK Foreign Secretary David Miliband [official profile] had expressed concern [press release] that releasing the information could harm US-UK cooperation, saying that it relies on the "principle that if a country shares intelligence with another, that country must agree before its intelligence is released." In his statement, Blair said that the ruling was a setback, but that the two countries would continue to share intelligence:

The protection of confidential information is essential to strong, effective security and intelligence cooperation among allies. The decision by a United Kingdom court to release classified information provided by the United States is not helpful, and we deeply regret it. The United States and the United Kingdom have a long history of close cooperation that relies on mutual respect for the handling of classified information. This court decision creates additional challenges, but our two countries will remain united in our efforts to fight against violent extremist groups.