[There are] questions concerning the independence and impartiality of some members of the commission, including the former Attorney General who served in that capacity in the 2006 Col and is now the chair of the new LLRC. His relationship to the government and his involvement in the failure of the previous commission, which also sought to investigate incidents of alleged government involvement in violations by security forces, could compromise the independence and impartiality of the LLRC.

International pressure on Sri Lanka to conduct a thorough investigation into the civil war continues to mount. In July, UN Secretary-General Ban Ki-moon [official profile] called on the Sri Lankan Government [press release; JURIST report] to improve conditions around UN offices in Colombo after a UN announcement [press release; JURIST report] of the formation of an international panel to investigate human rights abuses during the war resulted in days of pro-government protests [JURIST report] near UN offices. Sri Lanka has faced numerous allegations of human rights violations originating from incidents that took place during the final months of the 30-year civil war. In May, Human Rights Watch [advocacy website] announced it had acquired new evidence [JURIST report] supporting allegations of war crimes. Also in May, the International Crisis Group [official website] accused Sri Lankan security forces of war crimes [JURIST report], claiming that the violence of the war escalated in January 2009, leaving thousands more dead than projected by the UN.

In 2006, the Indonesian Supreme Court [official website, in Indonesian] overturned [JURIST report] Bashir's conviction by a lower court on conspiracy charges connecting him with the 2002 Bali bombings. He was released from prison [JURIST report] earlier in 2006 after spending 26 months in jail on different charges related to the bombings. His sentence was reduced [JURIST report] in 2005 pursuant to Indonesian custom in observance of the country's independence day.

The arrests came just one month after the High Court denied the bail request [JURIST report] of former Taiwanese president Chen Shui-bian [BBC profile; JURIST news archive], who is appealing a 20-year conviction for corruption and embezzlement. Chen was originally sentenced to life imprisonment, but the court reduced his sentence [JURIST reports] in June after finding that he had not embezzled as much money as previously thought. Chen was originally found guilty on corruption charges and sentenced to life in prison in September. His wife was also given a life sentence [CNA report] after the pair were convicted on charges of embezzlement, receiving bribes, forgery and money laundering. Chen has maintained his innocence against all charges, claiming that Ma is using Chen's trial to distance himself from Chen's anti-China views. Chen was also indicted in December for allegedly embezzling USD $20 million from banks [JURIST report] that sought to protect themselves during Chen's financial reform program.

In February, the head of the STL reassured [JURIST report] the Lebanese public that the investigation is on track. When asked about the progress of the investigation into the death of Hariri, the head of the STL "underlined the fact that the Tribunal already has in place all the legal and administrative instruments necessary for its work, and is fully operational so that justice may be dispensed with complete independence and impartiality in accordance with the highest international standards." The STL was established in 2005 at the request of the Lebanese government to try those alleged to be connected to the bombing in which Hariri was killed by explosions detonated near his motorcade in Beirut in February 2005.

The Maldives has faced ongoing political difficulties following the adoption of its constitution [JURIST report] in late 2008. Nasheed defeated longtime political opponent Maumoon Abdul Gayoom [BBC profile], who had jailed him numerous times during his 30-year rule. However, Nasheed's ruling Maldavian Democratic Party holds only 32 of 77 seats in the parliament, while the opposition Dhivehi Raithunge Party [party websites] holds 36. Opposition legislators have blocked the ruling party's legislative agenda, leaving certain crucial provisions of the new constitutional system unestablished. This resulted in the resignation of Nasheed's entire cabinet [BBC report] in June. Replacement appointments have been made, but have yet to be ratified by the Majlis. The Maldives Constitution [text, PDF] provides for multi-party elections, an independent judiciary and grants more authority to the legislature. It also enumerates fundamental rights of citizens and establishes several special commissions on issues relating to human rights and corruption. The new constitution was drafted in response to international criticism [AI report, PDF] of 2003 government actions against protesters of prison conditions in the country.

Also on Tuesday, the Supreme Court of Mexico [official website, in Spanish] ruled 9-2 that same-sex marriages performed in Mexico City must be recognized nationwide [JURIST report]. The court found that although Mexico's 31 states are not required to allow same-sex marriages to be performed in their jurisdictions, they must confer marital rights to same-sex couples married in Mexico City. The decision came one week after the court ruled 8-2 that the Mexico City's same-sex marriage law is constitutional [JURIST report]. Same-sex civil unions are currently recognized in the Mexican state of Chihuahua and Uruguay [JURIST report]. Last month, Argentine President Cristina Fernandez [official website, in Spanish] signed a same-sex marriage bill into law after the bill was approved by the legislature [JURIST reports], making Argentina the first Latin American country to legalize same-sex marriage nationwide. Last week, a US federal judge ruled that the California state ban on same-sex marriage violates the US Constitution [JURIST report]. Same-sex marriage is currently recognized in several US jurisdictions, and nationwide in Canada, Belgium, the Netherlands, Spain, Portugal, Sweden, Norway, Iceland and South Africa [JURIST reports].

Thaksin has been plagued by legal problems since the 2006 coup [JURIST report] that removed him from power. Last month, the criminal division of Supreme Court issued a new arrest warrant [JURIST report]against him at the request of the National Anti-Corruption Commission (NACC) [official website], which charges that Thaksin did not report all of his assets to the commission. Also last month, Thai police recommended terrorism charges [DPA report] against Thaksin and 24 others for their alleged involvement in the recent political violence [JURIST news archive] in Bangkok. Thaksin is considered the figurehead of the pro-democracy protesters known as the red shirts [BBC backgrounder] who protested against Thailand's current government and called for elections. The protests ended in May after protesters surrendered to police [JURIST report].

In December, Mexico City's legislative assembly [official website, in Spanish] approved the same-sex marriage law. The legislation allows for marriage, adoption, inheritance and other economic and social rights. The provision also seeks to end discrimination based on sexual orientation. The state of Chihuahua is currently the only state in Mexico that recognizes same-sex civil unions [JURIST news archive]. Last month, Argentine President Cristina Fernandez [official website, in Spanish] signed a same-sex marriage bill into law after the bill was approved by the legislature [JURIST reports], making Argentina the first Latin American country to legalize same-sex marriage nationwide. Last week, a US federal judge ruled that the California state ban on same-sex marriage violates the US Constitution [JURIST report]. Same-sex marriage is currently recognized in several US jurisdictions, and nationwide in Canada, Belgium, the Netherlands, Spain, Portugal, Sweden, Norway, Iceland and South Africa [JURIST reports].

Excluding same-sex couples from the right to marry has the practical impact of denying them and their children a host of rights and responsibilities that exist under both state and federal law. State protections automatically extended to married spouses include the ability to make health care decisions for one's spouse, the right to direct the remains of a deceased spouse and inherit from his or her estate absent a will, the security of being able to provide health insurance for one's spouse, and the peace of mind knowing that both adults' relationships with children born to the couple will be protected. ... In addition, the denial of these important protections harms the hundreds of thousands of children being raised by same-sex couples. The experiences of those states that have created legal relationships such as domestic partnerships that are intended to mirror the attributes of marriage, make plain that these separate and inferior systems perpetuate rather than cure the inequality that results from denying marital recognition to same-sex couples.

The resolution comes a week after a federal judge ruled that Proposition 8 [JURIST news archive], California's ban on same-sex marriage, violates the US Constitution [JURIST report] by undermining both the Due Process Clause and the Equal Protection Clause [Cornell LII backgrounders] of the Fourteenth Amendment. The ADF was a defender of the law and called the decision a "disappointing one" [press release], which "gut[s] the core of the American democratic system." The organization has stated that it will appeal the case to the Supreme Court if necessary. Several jurisdictions in the US have legalized same-sex marriage, including the District of Columbia, Vermont, New Hampshire, Iowa, Connecticut, Massachusetts [JURIST reports] and the Coquille Indian Tribe [OregonLive report].

When federal judges assume the bench, all take an oath to administer justice in a fair and impartial manner to all parties equally. That oath applies just as much to a multidistrict litigation involving hundreds (or thousands) of actions and scores of parties as it does to a single civil action between one plaintiff and one defendant. Our experience is that transferee judges impartially carry out their duties and make tough decisions time and time again, and that they uniformly do so without engaging in any location-specific favoritism.

Earlier this week, BP and the US Department of Justice (DOJ) [official website] announced the completion of negotiations over the implementation of a $20 billion fund [JURIST reports] to aid victims of the oil spill. Numerous lawsuits are pending against BP in connection with the spill. In July, a class-action lawsuit [complaint, PDF; JURIST report] was filed against the company in a Louisiana state court alleging that its negligent actions led to the spill and that BP was further negligent in its oversight of the cleanup effort, resulting in volunteers falling ill due to inadequate protective equipment. In June, two lawsuits were filed against BP [JURIST report] alleging violations of the Racketeer Influenced Corrupt Organizations (RICO) [18 USC § 1961 et seq.] statute. The lawsuits allege that BP purposefully defrauded the American public in order to increase company profits. Also in June, Attorney General Eric Holder [official website] announced that the DOJ is reviewing whether any civil or criminal laws were violated [JURIST report] by BP resulting in the oil spill. Holder cited several statutes being examined by government lawyers, including the Clean Water Act and the Oil Pollution Act of 1990 [materials].