We are talking about a funeral. If context is ever going to matter, it has to matter in the context of a funeral. Mr. Snyder simply wanted to bury his son in a private, dignified manner. When the Respondent's behavior made that impossible, Mr. Snyder was entitled to turn to the tort law of the State of Maryland.

In Connick v. Thompson [oral arguments transcript, PDF; JURIST report], the court heard arguments on whether imposing failure-to-train liability on a district attorney's office for a single Brady violation contravenes the rigorous culpability and causation standards or undermines prosecutors' absolute immunity. Prosecutors hid exculpatory evidence in violation of defendant John Thompson's rights under Brady v. Maryland [opinion text]. The US District Court for the Eastern District of Louisiana entered a judgment [text, PDF] in favor of Thompson, and the US Court of Appeals for the Fifth Circuit denied the motion for a new trial. Counsel for the petitioners argued that the district court misapplied the Supreme Court's rule, ignoring the "distinction between a single incident and pattern liability." Counsel for Thompson argued that court should not "write into section 1983 a per se rule that the only way ... a civil rights victim can ever establish the deliberate indifference of a district attorney is if he can prove a prior significant history of assistant prosecutors violating other citizens' constitutional rights."

In July, Kaplan refused to dismiss charges [JURIST report] against Ghailani ruling that his Sixth Amendment [text] right to a speedy trial was not violated. Ghailani's lawyers had sought a dismissal of charges, arguing that he was denied the right to a speedy trial [JURIST reports] while being detained for nearly five years in CIA secret prisons and later at Guantanamo Bay. Earlier that month, Kaplan ruled that Ghailani is not suffering from post-traumatic stress disorder (PTSD), and is therefore fit to stand trial [JURIST report]. The issue of Ghailani's psychological state arose after he requested to be exempt [JURIST report] from prison strip searches because it triggers his PTSD, which he allegedly acquired while being interrogated at an overseas CIA detention camp. In May, Kaplan refused to dismiss criminal charges [JURIST report] against Ghailani, despite his lawyer's claims that he had been tortured in prison. Ghailani was the first Guantanamo detainee to be brought to the US for prosecution. Having been held at the Guantanamo facility since 2006, Ghailani was transferred [JURIST report] to the SDNY in June to face 286 separate counts, including involvement in the bombings and conspiring with Osama bin Laden and other members of al Qaeda to kill Americans worldwide. He pleaded not guilty [JURIST report] at his initial appearance.

In March, the NLD announced that it would not take part in the nation's first elections in 20 years after the Myanmar Supreme Court rejected [JURIST reports] a lawsuit brought by the NLD to repeal the election laws preventing Suu Kyi from participating. Myanmar also faced a bevy of criticism that month, with the UN Human Rights Council [official website] adopting a resolution [A/HRC/13/L.15 materials] condemning the country for rights violations and urging [JURIST report] the ruling junta to conduct fair and free elections. UN Secretary-General Ban Ki-moon [official website] said that Myanmar's election laws do not meet international standards [JURIST report], and Human Rights Watch [advocacy website] has said [press release] "[the new law] continues the sham political process that is aimed at creating the appearance of civilian rule with a military spine."

Both the US and EU criticized the results following Zenawi's election in May. The US State Department (DOS) [official website] noted that Ethiopian election laws heavily favor the party in power [press briefing] and that Ethiopia must take direct, concrete steps to further democracy if its relationship with the US is to progress. An EU spokesman stated that the election process failed to meet international standards [BBC report] and that the ruling party clearly had an advantage in the election process. The 2005 Ethiopian elections were also marred by allegations of fraud, which led to violent demonstrations [JURIST reports]. The National Electoral Board (NEB) [official website] ordered new elections [JURIST report] in 20 districts after an investigation into the fraud allegations found evidence of abuse at more than 100 polling stations. Several Ethiopian opposition members were convicted and sentenced for their roles in the protests, although many asked for and eventually received pardons [JURIST reports].

This is very good news for the people of the Democratic Republic of Congo. It is a victory for justice, especially for the many women who have suffered rapes and other forms of sexual violence. The numerous criminal acts committed under 'Lt. Col' Mayele's command cannot be undone, but let his apprehension be a signal to all perpetrators of sexual violence that impunity for these types of crimes is not accepted and that justice will prevail.

Last week, the UN released a report on war crimes [text, PDF; JURIST report] and human rights abuses in the DRC. The report, originally expected to be released in September [JURIST report], lists 617 of the most serious violations of human rights, including violence against children, genocide and mass rape, committed between 1993 and 2003. Last month, the UN Security Council [official website] issued a statement condemning the recent mass rapes [text; JURIST report] and calling for justice for the victims. Also last month, the UN Special Representative for Sexual Violence in Conflict called for perpetrators of mass rapes, including heads of DRC militias, to face war crimes charges [JURIST report]. In August, members of the Security Council expressed "outrage" [JURIST report] over the recent mass rapes calling for justice for the victims. In December, HRW urged the UN Organization Mission in DR Congo (MUNOC) [official website] to stop funding military groups [JURIST report] in the country that are committing human rights abuses. In December 2008, AI reported that rape and sexual warfare have been employed [JURIST report] by both the DRC military and by rebel forces.

Timor-Leste was doing far better than average in a number of human rights areas and that continues to be the case. For example, we recorded no cases of torture or enforced or involuntary disappearances during this reporting period. This is something that all citizens, including members of the security forces and the national human rights institution, ... can be proud of. ... The challenge remains of ensuring effective accountability for the small percentage of police officers and military personnel who continue to use excessive force against their fellow citizens.

In March, a Timorese court sentenced 24 individuals [JURIST report] for the attempted assassination of the country's president and prime minister in 2008. The individuals, former government and military officials displaced after civil unrest resulted in a change in government in 2006, had been accused of attacking President Jose Ramos-Horta and Prime Minister Xanana Gusmao [BBC profiles]. The attempted assassinations led to the declaration of a state of emergency [JURIST report] in the country, in an attempt to quell the long-standing tension between the government and former members of the military. Much of the conflict within East Timor stems from the country's attempts to gain independence from Indonesia in 1999, following a 25-year occupation. In August 2009, Horta, who won the 1996 Nobel Peace Prize for his work in attempting to resolve the Timor-Indonesian conflict, rejected a call for a criminal tribunal [JURIST report] to investigate abuses during the Timorese bid for independence, saying that such a tribunal would harm reconciliation between the two nations.

In January, the Canadian Forces National Investigation Service (CFNIS) [official backgrounder] charged Semrau with second-degree murder [JURIST report], of which he was acquitted in July. Semrau was stationed with the Operational Mentor and Liaison Team, which works with and trains the Afghan Army. The facts of the case raise questions concerning the timeliness of the charges. Human rights advocates have cited the delay between the alleged incident and the charges as a significant concern.