Last week in the district court in Arizona the Center for Reproductive Rights and the American Civil Liberties Union of Arizona [advocacy websites] filed a similar lawsuit [JURIST report] challenging an Arizona law [HB 2036 materials; JURIST report] that prohibits abortions after 20 weeks into a pregnancy unless there is a medical emergency. That lawsuit also seeks an injunction to block the law from taking effect, arguing that Arizona's ban on abortions after 20 weeks violates women's constitutional rights. These are only two the latest developments in the ongoing reproductive rights controversy [JURIST backgrounder].

The DC District Court has been the venue for many habeas challenges during the course of the war on terror. In April 2010 Judge Thomas Hogan dismissed as moot [JURIST report] 105 habeas corpus petitions of former Guantanamo Bay [JURIST news archive] detainees no longer in US custody, a result of the DC Circuit's decision to overturn Bates and deny habeas relief in May 2010. Hogan wrote that in deciding the case, the court was answering one of the questions left open by the Supreme Court's decision in Boumediene, "what happens to a Guantanamo detainee's habeas claim once he is transferred or released." In June 2009 Bates granted a government motion [JURIST reports] to certify and suspend several defendants' habeas petitions, pending appeal to the Circuit Court. The certification allowed the US Department of Justice (DOJ) [official website] to seek interlocutory appeal from the DC Circuit. The DC Circuit's 2010 decision to deny habeas relief drew criticism from commentators [JURIST op-ed] who stated that the decision provided the Executive Branch with virtually unlimited cover to deny human rights. Last week it was reported that the US would retain control over all non-Afghan detainees at Bagram [JURIST report], despite plans to transfer control of all Afghanistan prisons to the Afghan government within two months.

Chebeya was found dead in his own car in June 2010 outside of Kinshasa. In June of last year, a military court sentenced [JURIST report] four policemen to death for killing Chebeya. A total of eight men, all DRC policemen, were accused of being involved in the murder and were subsequently arrested. The trial of five of the eight men started [JURIST report] in November 2010 while three remain at large. They faced charges of abduction, assassination, terrorism and conspiracy. One of the eight was sentenced to life in prison, three were acquitted and the three remaining at large were sentenced to death. The former Chief of Police Intelligence Colonel Daniel Mukalay was also sentenced to death for planning the assassination. Within less than a week after the killing of the human rights defender, national police chief John Numbi was suspended [JURIST report] following the investigation into the murder. The investigation was initiated after senior UN officials urged [JURIST report] the country to do so.

Windsor's Supreme Court petition is the fourth in recent weeks to challenge the constitutionality of DOMA. Last week a lesbian couple filed a lawsuit in the US District Court for the Central District of California [official website] in a DOMA challenge that seeks to achieve for gay and lesbian couples the same federal immigration rights afforded to heterosexual couples [JURIST report] under the Immigration and Nationality Act [materials]. Also last week 132 members of the US House of Representatives [official website] filed an amicus brief [JURIST report] arguing that statutory classifications based on sexual orientation should be subject to heightened judicial scrutiny, and that DOMA should be overturned as unconstitutional under any level of judicial scrutiny. The brief was filed in the appeal of Karen Golinski v. Office of Personnel Management, the landmark case in which the US District Court for the Northern District of California [official website] ruled that DOMA is unconstitutional [JURIST report]. Last month 10 US senators filed their own amicus brief in the case, arguing in the opposite [JURIST report] that the federal government had a legitimate interest in creating a uniform federal definition of marriage to "[avoid] massive legal uncertainty."

The perpetrators of the 2008 Mumbai attacks killed 166 people. Pakistan and India are currently hearing cases against them in their own courts. Last month, India's Foreign Minister SM Krishna [official profile] announced [JURIST report] that the New Delhi police have arrested a key suspect in the 2008 attacks. Abu Hamza, an alleged member of LeT, is believed [Reuters report] to be a previously unidentified man who was talking on the phone from Pakistan to militants involved in the 2008 attacks. His voice was recorded when he was talking to the gunmen who attacked a Jewish center in south Mumbai during the attacks. Mohammad Ajmal Amir Kasab [BBC profile; JURIST news archive], a Pakistani gunman who was captured, convicted and sentenced [JURIST reports] to death told investigators that an Indian man had taught the perpetrators Hindi and the layout of streets in Mumbai. Police and other officials did not further comment on how they will proceed against Hamza. In February a New Delhi court confirmed charges [JURIST report] against US citizens and a Canadian citizen who have been accused of being involved in the 2008 attacks. The Indian National Investigation Agency (NIA) [official website] had accused the LeT and Harkat-ul-Jihad-al-Islami (HUJI) [SATP backgrounder] of using David Headley for gathering information on potential Indian terror attack sites.

Transnational organized crime has been a problem affecting countries around the world. In February, UN Secretary-General Ban Ki-moon [official profile] called [JURIST report] for an increase in efforts to address transnational organized crime, drug trafficking and piracy in West Africa. Ban expressed his concern to the UN Security Council [official website] amid reports stating that terrorist groups, such as al Qaeda [JURIST news archive], formed alliances with drug traffickers. In May of last year, the Bulgarian government had passed [JURIST report] a bill allowing the Commission for Establishing of Property Acquired from Criminal Activity [official website] to use "civil confiscation" of assets before conviction in an attempt to target organized crime. Bulgaria had been urged [JURIST report] by the European Commission (EC) [official website] to increase its effort to deal with the problem of corruption and organized crime. In June 2010, the UNODC released a report [JURIST report] revealing the globalization of organized crime and its threat to international security. According to the report, Afghanistan and Colombia supply the majority of the world's illegal drugs but most of the profits are found in places where the drugs are actually sold. During the same month, the US State Department (DOS) [official website] stated [JURIST report] that US complies with international regulations but still faces serious problem with human trafficking.

The incremental growth of the treaty body system over the past few years, with the adoption by States of new human rights instruments and the creation of new treaty bodies, is testimony to its global standing. All parties benefit from their work. Victims reach out to treaty bodies for redress and reparation through the individual complaints system. States depend on them for expert advice on treaty implementation and a greater understanding of their obligations under international human rights law. And the involvement of experts, civil society groups and State representatives in reporting and other processes generates a genuine dialogue at the national level that empowers individuals and improves laws, policies, programmes and institutions.

Pillay had previously called [JURIST report] on the international community to strengthen the treaty body system amid a crisis it is facing. She revealed that the human rights treaty body system has doubled in size since 2004 while the resources needed to maintain the system stayed the same. New treaty bodies such as the Committee of Migrant Workers (CMW), Convention on the Rights of Persons with Disabilities (CRPD), Subcommittee on Prevention of Torture (SPT) and Conference on Environment and Development (CED) [official websites] and other bodies addressing individual complaints have increased the complexity of the system and the need for resources. Pillay provided several measures to face the challenges and strengthen the complex system including the creation of a reporting calendar. She also noted that one of the main key factors is the increase of visibility and accessibility to these treaty bodies. In March, while addressing [JURIST report] the enforced disappearances' effect on women and children, Pillay stated that the system has a significant influence on the enjoyment of human rights across the globe, but while the system has grown exponentially, human and financial resources have failed to match up with the growth. The total number of treaty body experts have grown to 172 in 2012 compared to 97 in 2000 while tates have increased ratification under international human rights treaties from 927 to 1,586.

Last week EC President Jose Manuel Barroso [official website] summoned Ponta to Brussels to discuss concerns over some of the prime minister's policies, urging Ponta to respect the full independence of the Romanian judiciary and expressing the EC's desire that Romania maintain a democratic system of checks and balances. Earlier this month the Constitutional Court accused Ponta of overstepping his authority [JURIST report] by attempting to seize control over the judiciary system. Ponta also ignored a decision by the court finding Basescu should be the representative of the country at the European Council meeting in Brussels. In 2009 the Constitutional Court declared incumbent President Basescu winner of the country's disputed presidential election [JURIST report]. Basescu, who has been president of Romania since 2004, has survived impeachment once before. In 2007 Basescu was reinstated after the high court certified the results of a referendum in which 74 percent of voters rejected Basescu's impeachment [JURIST report].

The Omani government has been cracking down on pro-reform and human rights activists as well as political opponents. In June, an Omani court began a hearing [JURIST report] against protesters who have been accused of defamation and illegal assembly by opening with hearing the case against 15 protesters, four of whom have been charged with defamation and incitement to further protests and strikes in an oil factory and the remainder of whom have been charged with illegal assembly. The Omani authorities have detained more than 30 individuals who have been protesting against the government demanding political reform, promoting human rights and calling for the release of human rights defenders whom Omani authorities have detained. During the same month, the Gulf Center for Human Rights (GCHR) [advocacy website] urged [JURIST report] the government of Oman to release all human rights defenders who have been detained solely because of their legitimate human rights work, drop all charges against them, ensure security of the protesters in detention and take measures to protect human rights defenders when pursuing legitimate human rights activities from any harassment. Last year Oman's Misdemeanour Court of First Instance in Muscat sentenced [JURIST report] 13 protesters with to five years in prison for shutting down a government organization, blocking roads and assaulting government employees.

Hungary has been facing much criticism related to its passing of new controversial laws. In January, tens of thousands of protesters assembled [JURIST report] outside of the country's State Opera to express their opposition of the new constitution [text, PDF, in Hungarian], which took effect beginning of this year. They argued the constitution gives the government too much power over the media, economy and religion in violation of international human rights laws. In addition, they claimed that the new constitution passed by two-thirds of the Parliament [official website] had nullified the principle of checks and balances. The government responded that the new constitution was overdue and complies with national and European values. A month earlier, the country's Constitutional Court struck down certain provisions of the country's new media law, which created the National Media and Communications Authority (NMHH) [official website, in Hungarian], as an unconstitutional restraint on press freedom amid demands [JURIST reports] by rights groups including Amnesty International [advocacy website]. In August, the court struck down [JURIST report] a law regulating religious organizations after 16 Hungarian churches have appealed seeking to block it. The constitution was signed by the country's President Pal Schmitt in April despite concerns from civil society leaders and opposition politicians. Human Rights Watch [advocacy website] had alleged [press release] that the new constitution "enshrines discrimination" and jeopardizes the rights of people with disabilities, women and LGBT people.

Mohammed faces charges of of conspiracy, murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, hijacking aircraft and terrorism. The US Department of Defense (DOD) referred charges [JURIST report] to a military commission against Mohammed and four other alleged conspirators in April. In April 2011 US Attorney General Eric Holder announced the five defendants would be tried by a military commission [JURIST report] after the Obama administration abandoned attempts to have the 9/11 suspects tried in federal court. Holder had wanted the accused be tried before a federal civilian court but referred the cases to the DOD after Congress imposed a series of restrictions [JURIST report] barring the transfer of Guantanamo detainees to the US.

The SWC had already called on [JURIST report] the Hungarian government to prosecute the Nazi war criminal when it issued its annual report [text, PDF; press release] in April. Nazi prosecution continues regardless of the ages of the criminals. In January, the Ingolstadt Prosecutor's Office [official website, in German] filed a motion [JURIST report] to jail Klaas Faber, a Dutch native who fled to Germany after being convicted in the Netherlands in 1947 of Nazi war crimes. Faber, 90, was accused of having participated in 22 murders and aiding the Nazis during their occupation of the Netherlands. Germany reopened investigations into former Nazi death camp guards in October, which stemmed from the conviction of John Demjanjuk [JURIST reports], a former guard at a camp in Poland who was deported to Germany to stand trial for his alleged Nazi crimes. Last September, alleged Nazi Sandor Kepiro died while he awaited an appeal [JURIST report] on his acquittal on war crimes charges. Another convicted Nazi commander, Josef Scheungraber, is likely not able to serve [JURIST report] his life sentence due to his mental health issues.

Russia has been criticized recently for controversial legislation. Last Wednesday, the Duma approved a bill [JURIST report] giving the Russian government complete ability to block certain Internet websites. The Russian version of the online encyclopedia Wikipedia [website] on Tuesday shut down its site [JURIST report] in a one-day protest of the legislation. In June, Russian President Vladimir Putin signed into law [JURIST report] a controversial bill which greatly increases penalties for protestors who violate demonstration regulations.

The US Supreme Court [official website] ruled in Atkins v. Virginia [opinion; Cornell LII backgrounder] that the execution of mentally retarded individuals is cruel and unusual punishment prohibited by the Eighth Amendment [text]. However, in 29 states, including Texas, Tennessee and New Jersey [JURIST reports], the defendant still carries the burden of proving mental retardation in death-penalty [JURIST news archive] cases to receive a lesser sentence. Guest columnist Olga Vlasova argues [JURIST op-ed] that the Supreme Court should prohibit the death penalty for severely mentally ill offenders. Internationally, UN Secretary General Ban Ki-Moon [official profile] has called on all member states to abolish capital punishment entirely [JURIST report].