Author: JURIST – Paper Chase

[JURIST] A spokesperson for the US State Department said Friday that the Obama administration opposes a vote before the full House of Representatives on a resolution branding the World War I-era killings of Armenians by Turkish forces as genocide. Assistant Secretary of State Philip Crowley said, “that any further congressional action will impede the normalization process between Turkey and Armenia.” Even though Turkey has recalled its ambassador to the US, Crowley said that the State Department believes:
that the best way for Turkey and Armenia to address their shared past is through their ongoing effort to normalize relations. We have been in contact with Turkish and Armenian officials at the highest levels to urge timely ratification of the protocols, and we look forward to continuing dialogue with them.Crowley noted that the State Department doesn’t “think any further congressional action is appropriate.”The US House of Representatives Committee on Foreign Affairs passed the resolution Thursday by a vote of 23-22, even after Obama administration officials had urged the committee not to hold the vote, fearing that such a resolution could damage relations with Turkey. Turkish Prime Minister Recep Teyyip Erdogan condemned the resolution, and the Turkish government pulled its ambassador to the US. A similar resolution was passed by the committee in 2007, but it never reached the House floor.

[JURIST] The Fiji High Court sentenced eight men to prison terms ranging from three to seven years for plotting the assassination of the leader of the country’s military government on Friday. The sentencing judge, Justice Paul Madigan chastised the men for their greed and racial motivations in the plot to assassinate Prime Minister Commodore Josaia Voreqe Frank Bainimarama, in 2007. The court described the plot as involving the assassination of Bainimarama, the removal of the president and the Indo-Fijians, and the declaration of martial law, during which the plot leaders would request assistance from New Zealand and Australia. The two longest sentences were given to Chief Ratu Inoke Takiveikata, a leader of Naitasiri province, and former Pacific Connex employee Sivaniolo Naulago, who both received seven years. The others convicted were former soldiers Barbados Mills, who received six-and-a-half years, Feoko Gadikibau, who was sentenced to five-and-a-half years, Kaminieli Vosavere, who was sentenced to four years, Eparama Waqatairewa and Pauliasi Ramulo, who were each sentenced to three years, and former head of Fiji Military Intelligence Metuisela Mua, who was sentenced to three-and-a-half years. The men were initially arrested and charged with the plot in 2007, eleven months after the 2006 military coup. Five of those sentenced Friday were part of a military unit that had mutinied against Bainimarama in 2000.
The Commonwealth of Nations suspended Fiji from its organization in September because it failed to meet the September 1 deadline for reinstating a constitutional democracy and opening a national dialogue. The Pacific Islands Forum suspended Fiji’s membership in the 16-nation bloc in May after Fiji’s current military government failed to meet a May 1 deadline to schedule elections. Bainimarama announced plans in July to establish a new constitution by September 2013. Bainimarama said that the new constitution would be in place at least one year prior to the elections planned for September 2014. In April, former president Ratu Josefa Iloilo suspended the constitution and revoked the appointment of all judicial officers after a ruling from the Fiji Court of Appeal declaring the appointment of the military government following the 2006 coup unconstitutional. Bainimarama took control in the wake of the coup, which ousted former Fijian prime minister Laisenia Qarase.

[JURIST] US lawmakers introduced a bill Thursday that would require the military interrogation and trial of those taken into US custody who are suspected of links to terrorism. The Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 was introduced by Senators John McCain (R-AZ) and Joe Lieberman (I-CT) and would require that all people detained by US authorities, both domestically and internationally, who are suspected of engaging in hostilities against the US or its coalition partners or of providing material support for those who do, would be placed in military custody for interrogation and a final status determination made by the president, attorney general, and defense secretary. Under the bill, before a final status determination is made, the suspect cannot be Mirandized or “otherwise … informed of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona.” If the detainee were then determined to be an “unprivileged enemy belligerent,” the bill would mandate detention until the end of the hostilities against the US by the group with which the suspect was involved or supporting. In a press release, McCain explained: sets forth a clear, comprehensive policy for the detention, interrogation and trial of enemy belligerents who are suspected of engaging in hostilities against the United States. This legislation seeks to ensure that the mistakes made during the apprehension of the Christmas Day bomber, such as reading him a Miranda warning, will never happen again and put Americans’ security at risk.The American Civil Liberties Union (ACLU) criticized the legislation, describing it as “a direct attack on the Constitution.” Senator Lindsey Graham (R-SC), who is currently working with the Obama administration to create a comprehensive system to deal with detainees that would include civilian trials, also expressed reservations about the legislation.It was reported on Friday that White House advisers are considering recommending that accused 9/11 co-conspirator Khalid Sheikh Mohammed be tried in a military court rather than through the civilian criminal justice system. Attorney General Eric Holder announced in November that Mohammed would be tried in a civilian court in Manhattan, drawing intense criticism. Last month, Holder defended his decision to charge suspected terrorist Umar Farouk Abdulmutallab, the so-called Christmas Day bomber, in US federal court. Holder, who has resisted calls from high-level Republicans to try Abdulmutallab in front of a military tribunal, said that the civilian criminal justice system was capable of handling his trial. Abdulmutallab was indicted in January on six counts for allegedly attempting to set off an explosive device on Northwest Airlines Flight 253 bound from Amsterdam to Detroit. A plea of not guilty was entered on his behalf.

[JURIST] Canadian Justice Minister Rob Nicholson announced Friday that a former Supreme Court of Canada judge will review documents detailing Canadian forces’ treatment of Afghan detainees before the documents are released to Parliament. Nicholson appointed former judge Frank Iacobucci to review the documents and report back to Nicholson, who will determine the conditions of disclosure. The announcement comes amidst mounting pressure from Parliament for the release of the documents. In December, Parliament passed an order to compel Prime Minister Stephen Harper to release the documents, and earlier this week, some MPs considered a vote to sanction high-level cabinet ministers for refusing to disclose them. MP Derek Lee (Liberal) has criticized the refusal to disclose the documents, which may contain evidence that detainees were tortured.
In December, the Canadian government released more than 40 redacted e-mails sent by Canadian diplomat Richard Colvin to then-foreign minister Peter MacKay raising concerns about the torture of transferred detainees. The release of the e-mails came after Colvin testified before a Commons committee in November that all enemy combatants captured in 2006 and 2007 by Canadian forces were likely tortured upon their transfer to Afghan authorities. Throughout the spring of 2006, Colvin relayed allegations made by the International Committee of the Red Cross 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.

[JURIST] White House advisers are considering recommending that accused 9/11 co-conspirator Khalid Sheikh Mohammed be tried in a military court rather than through the civilian criminal justice system, according to Friday reports. The Washington Post reported that Obama’s legal advisers are finishing their review of the Mohammed file, and CNN confirmed that a military tribunal is still an option. Authorities have been unable to decide where to try Mohammed, with many Republicans and New York City Mayor Michael Bloomberg opposed to holding the trial in a civilian court in Manhattan. Many groups also oppose trying the suspects in military tribunals, with the American Civil Liberties Union (ACLU) saying that despite recent improvements:
the military commissions system is incapable of handling complicated terrorism cases and achieving reliable results. President Obama must not cave in to political pressure and fear-mongering. He should hold firm and keep these prosecutions in federal court, where they belong.While no official recommendation has been given to Obama, administration officials hope a decision will be made by March 18. Just last month, US Attorney General Eric Holder praised the role of the civilian criminal justice system in obtaining a guilty plea from suspected terrorist Najibullah Zazi. Holder also said last month that he is flexible on whether Mohammed will be tried in a military commission or the civilian criminal system. The possibility of a civilian trial, first announced in November, has received backlash from both New York City officials and members of Congress, including some who support closing Guantanamo Bay.

[JURIST] The UN Committee on the Rights of Persons with Disabilities (CRPD) announced on Friday the creation of a working group of rights experts to monitor the support offered to disabled Haitians as they attempt to recover from the damage caused by the January earthquake. The group will focus on ensuring that rights of disabled people receive attention as the country moves forward. The CRPD emphasized the importance of the Convention on the Rights of Persons with Disabilities in creating the group. The CRPD said, “states are to take all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, and natural disaster like the occurrence of this earthquake.” The working group will also address rights of disabled persons in other countries that have suffered the effects of natural disasters, including individuals in Chile. The CRPD offered a statement last month urging that the Haitian government, as well as other organizations assisting in the relief effort, provide the disabled, elderly and other vulnerable groups with preferential treatment in obtaining certain necessities.
Following the Haiti earthquake, observers have stressed the importance of promoting human rights during the rebuilding process. In January, the UN High Commissioner for Human Rights said that strengthening human rights is an integral part of the rebuilding process in Haiti. Earlier in January, US President Barack Obama signed a bill that will allow US citizens to claim donations to Haitian relief efforts as a deduction on their 2009 tax returns. Secretary of Homeland Security Janet Napolitano announced that Haitian nationals present in the US before the earthquake will be given temporary protected status and will not be deported for the next 18 months, but Haitian refugees who arrive in the US illegally will be sent back to their home country.

[JURIST] French prosecutors on Friday filed preliminary terrorism charges against the suspected leader of the Basque separatist group ETA, along with two other people who are believed to be senior members of the group. A judicial source said that the charges against the alleged ETA members stem from preparations to commit a terrorist act, including theft, forgery, and illegal arms charges. The three men, Ibon Gogeascoechea Arronategui, Beinat Aguinalde Ugartemendia, and Gergorio Jimenez Moralesare, were arrested on Sunday in the French village Cahan in a joint Spain-France operation. Gogeascoechea is thought to be ETA’s military leader. He has been sought since 1997 for his role in planting explosives around the Guggenheim museum in Bilbao, which was believed to be an assassination attempt on King Juan Carlos. The two other men – Beinat Aguinalde Ugartemendia, and Gergorio Jimenez Morales – are wanted for separate assassinations that took place in 2008.
Spain has made great strides recently in its attempts to limit ETA influence. Earlier this week, the Spanish National Court sentenced former Basque separatist party leader Arnaldo Otegi to two years in prison for promoting terrorism in a speech he gave. In January Spanish Judge Fernando Grande-Marlaska ruled that ETA had tried three times to assassinate former Spanish prime minister Jose Maria Aznar in 2001 but had failed. Grande-Marlaska detailed the three assassination attempts as part of a description of the alleged crimes of ETA leader Pedro Maria Olano Zabala, who was arrested in the Basque region earlier that month. In June, the European Court of Human Rights (ECHR) upheld Spain’s ban of Basque political groups Batasuna and Herri Batasuna for their alleged ties to ETA. In April, alleged ETA leader Jurdan Martitegi Lizaso was arrested in France, and a Spanish judge charged him with murder for a May 2008 car bombing that killed a Spanish policeman.

[JURIST] The president of the International Criminal Court (ICC) said Thursday that Sudanese President Omar al-Bashir will eventually face justice in The Hague. Speaking in London before the British House of Commons, Judge Sang-Hyun Song addressed controversy surrounding the ICC arrest warrant issued one year ago:
The Rome Statute created the possibility for a political body – the Security Council – to refer situations to the Court. In the case of Darfur, this is what happened in March 2005. Once a situation comes before the Court, we must let justice follow its course. States must accept that judges cannot and will not take political considerations into account.Responding to questions, Song went on to compare the al-Bashir warrant with the successful surrender of Slobodan Milosevic and Charles Taylor to the international criminal tribunals. Addressing supporters, al-Bashir said that he would continue to travel despite the warrant, though he declined an invitation to attend extraordinary summit of the Inter-Governmental Authority on Development (IGAD) in Nairobi next week.In February, the ICC Appeals Chamber ordered the Trial Chamber to reconsider adding an additional charge of genocide to the al-Bashir warrant. ICC prosecutors appealed the decision not to charge al-Bashir with genocide in July. The warrant, which charges al-Bashir with seven counts of war crimes and crimes against humanity, has been a source of tension, with Egypt, Sudan, the African Union, and others calling for the proceedings against al-Bashir to be delayed, and African Union leaders agreeing not to cooperate with the ruling. Al-Bashir is accused of systematically targeting and purging the Fur, Masalit, and Zaghawa, three Arabic-speaking ethnic groups, under the pretext of counterinsurgency since 2003.

[JURIST] Lawyers for seven Chinese Muslim Uighurs detained at Guantanamo Bay filed a motion Thursday to remand proceedings from the US Court of Appeals for the District of Columbia Circuit to the US District Court for the District of Columbia. The motion comes just days after the US Supreme Court ordered the appeals court to reconsider the case of Kiyemba v. Obama in light of the fact that each of the remaining Uighurs has received an offer of resettlement by another country. The detainees’ counsel argues that additional fact-finding at the district court level is necessary in light of the resettlement offers. The circuit court has yet to take any action on the case.
Of the 22 Uighurs originally detained at Guantanamo Bay, 17 have accepted offers of relocation to other countries. Six Uighurs were transferred to Palau, four to Bermuda, five to Albania, and two, still in US custody, have accepted offers of resettlement to Switzerland. Palau announced it would accept the remaining five Uighurs, but the detainees subsequently rejected the offers. China considers the Uighurs to be terrorists, raising concerns in the Obama administration that the prisoners will be tortured if repatriated.

[JURIST] UK Prime Minister Gordon Brown testified to the Iraq Inquiry on Friday that he remains convinced that the decision to participate in the 2003 Iraq invasion was the appropriate course of action. Brown discussed his approval of military funding while serving as head of the Treasury during the invasion as well as his later actions as prime minister. He stated that in the former capacity, he received information from intelligence agents that he deemed credible and “led to believe that Iraq was a threat that had to be dealt with.” Brown explained that Saddam Hussein’s refusal to comply with UN directives necessitated a response from the international community:
I believe we made the right decision for the right reasons, because the international community had for years asked Saddam Hussein to abide by international law and the international obligations that he had accepted. Fourteen resolutions were passed by the United Nations, and at the end of the day, it was impossible to persuade him that he should abide by international law. Now my feeling is and still is that we cannot have an international community that works if we have either terrorists who are breaking these rules or, in this case, aggressor states that refuse to obey the laws of the international community.Brown also outlined three primary “lessons” from the invasion, stressing the importance of “proper structures of decision making,” securing a “just peace,” and increasing international cooperation in any future interventions. Last month, former UK Foreign Ministry secretary Jack Straw testified that he did not ignore legal advice that the invasion of Iraq lacked basis in international law. Former chief legal adviser to the UK’s Foreign and Commonwealth Office (FCO) Sir Michael Wood told the Iraq Inquiry in January that he had advised the Foreign Ministry that the invasion was illegal. Wood testified that the invasion was “contrary to international law” because it was never authorized by the UN Security Council, and that Straw had rejected his advice at the time. Earlier in January, the Iraq Inquiry released a 2002 letter from Goldsmith to former secretary of defense Geoffrey Hoon in which he warned the Cabinet that the Iraq invasion was not supported by international law. Former UK prime minister Tony Blair is also facing criticism over the legality of the Iraq War. In testimony to the Iraq Inquiry, former UK international development secretary Clare Short said that Blair was “misleading” and “deceitful” with the Cabinet and parliament regarding the Iraq invasion.

[JURIST] The US House of Representatives Committee on Foreign Affairs voted 23-22 Tuesday to adopt a resolution that recognizes the Ottoman Empire’s treatment of Armenians between 1915 and 1923 as genocide. In his opening remarks, committee chairman Howard Berman (D-CA), noted that every country must face uncomfortable issues its past, and continued, “t is now time for Turkey to accept the reality of the Armenian Genocide.” The non-binding resolution:
calls upon the President in the President’s annual message commemorating the Armenian Genocide issued on or about April 24, to accurately characterize the systematic and deliberate annihilation of 1,500,000 Armenians as genocide and to recall the proud history of United States intervention in opposition to the Armenian Genocide.Obama administration officials had urged the committee not to hold the vote, fearing that such a resolution could damage relations with Turkey. Turkish Prime Minister Recep Teyyip Erdogan condemned the resolution, denying the charges and warning the resolution could harm Turkey’s relationship with the US and Armenia. Turkey also recalled its ambassador to the US Thursday. It is not known whether the full House of Representatives will vote on the resolution. A similar resolution was passed by the committee in 2007, but it never reached the House floor.In October, Armenia and Turkey signed an accord normalizing relations and opening the border between the two countries. Despite the apparent appeal of the agreement, there is opposition by factions in both countries. Many Armenian nationalists want Turkey to acknowledge the killings of 1.5 million Armenian citizens during World War I, which many refer to as the “Armenian Genocide”. Turkey has long disputed the numbers, and has said the killings were a result of a civil war that took place after the collapse of the Ottoman empire. Turkey has expressed concern over its ally Azerbaijan, which has been fighting with Armenia over the breakaway region of Nagorno-Karabakh in Azerbaijan. Turkey closed its border to Armenia in 1993 after Armenian separatists began fighting with Azerbaijani military to show its support for the preservation of Azerbaijan’s territorial integrity.

[JURIST] The European Court of Human Rights (ECHR) on Thursday heard an unlawful prosecution case brought by bankrupt oil company Yukos against the Russian government for allegedly illegally prosecuting the company for tax violations. Representatives of Yukos said they brought the case in the ECHR because they believed that would not recieve a fair hearing in a Russian court. They are seeking USD $98 billion in damages, the value of a subsidiary that a Russian court ordered Yukos to sell to in order to pay the liabilities. Yukos filed the claim with the ECHR in August 2004, alleging that tax assessments between 2002-03 “had been arbitrary, unlawful and disproportionate” and that the assessments “had not been based on any reasonable and foreseeable interpretation of the domestic law.”
On Wednesday, Yukos founder Mikhail Khodorkovsky, criticized the Russian justice system as an “assembly line” that inevitably finds the government’s political enemies to be guilty. Both he and former business partner Platon Lebedev are serving time on tax evasion and fraud charges, but Lebedev successfully challenged the legality of his arrest and was awarded USD $14,300 in damages and legal fees by the EHCR. The two are currently on trial on additional related charges of money laundering and embezzlement, to which they have pleaded not guilty. Some critics of the Russian government have argued that the charges against Khodorkovsky and Lebedev are politically motivated due to Khodorkovsky’s opposition to former Russian president and current Prime Minister Vladimir Putin.

[JURIST] Imam Ahmad Afzali pleaded guilty Thursday in the US District Court for the Eastern District of New York to charges of lying to FBI agents in connection with a plot to detonate explosives in the New York City subway system. Afzali faces up to six months in prison and must leave the country within 90 days after being released from prison. Afzali, a New York City cleric, was arrested in September for tipping off terror suspects that the FBI was gathering intelligence on them. Sentencing is set for April 8.
Last month, the US Department of Justice (DOJ) announced superseding indictments against Adis Mendunjanin and Zaerein Ahmedzay, two men accused of planning to bomb subways in New York City. Mendunjanin previously pleaded not guilty on similar charges. Ahmedzay and Mendunjanin are accused of operating alongside Najibullah Zazi, who pleaded guilty last month to terrorism charges for planning the subway attacks. Afzali, while working as an informant for the FBI, told Zazi agents were asking about him. Afzali claims that he did not realize that the extent or nature of Zazi’s involvement.

[JURIST] A German court in Dusseldorf on Thursday convicted four Islamists of conspiracy to murder and belonging to a foreign terrorist group for plotting to destroy US facilities within Germany. The four men, members of the radical Islamic Jihad Union, were apprehended in September 2007 while developing a plan to use three car bombs and 250kg of explosives on US targets. The attacks were planned to coincide with a vote in parliament on whether Germany should extend its military presence in Afghanistan. Fritz Gelowicz and Daniel Schneider, both German-born converts to Islam, were sentenced to 12 years in prison. The court also sentenced Adem Yilmaz, a Turkish citizen, to 11 years and Atilla Selek, a German citizen of Turkish origin, to five years. Although there are no formal pleas in German trials, all four mean submitted confessions in exchange for reduced sentencing.
The 2007 arrest led to several additions to Germany’s anti-terror laws, which were strengthened by Chancellor Angela Merkel’s government following 9/11. Earlier this week, Germany’s high court overturned an anti-terror law that allowed German authorities access to phone and e-mail data. The data would be stored for six months to be used by police agencies in criminal investigations. The court held that the law was unconstitutional and violated the privacy rights of German citizens. Merkel’s government has recently received criticism for the effect anti-terror laws are having on the citizen’s privacy rights, claiming a better balance needs to be established between privacy and security.

[JURIST] The Supreme Court of Oklahoma ruled Tuesday that a state law imposing broad restrictions on abortion violates the state constitution. The law required women seeking an abortion to have an ultrasound within an hour of the procedure and contained sections on requirements for abortion clinic signs, the administration of an early-term abortion pill, and rules on lawsuits relating to abortions. The court held that the legislation “facially, patently, and obviously contained multiple subjects,” and therefore violates the Oklahoma constitution, which requires legislation to be limited to one subject. The Oklahoma legislature is currently considering other bills that separately contain much of same substance as the overturned law. The Center for Reproductive Rights, which brought the suit on behalf of a medical clinic, praised the court’s decision, but expressed concern about the new bills being considered by the legislature.
The court’s decision affirmed a lower court ruling issued last August. In February, Oklahoma state court judge Daniel Owens ruled that a different state law, making it illegal for a doctor to perform an abortion based on the gender of a fetus and requiring numerous reporting requirements, also violated the state constitution’s single subject requirement.

[JURIST] UN High Commissioner for Human Rights Navi Pillay on Thursday criticized the state of human rights in Sri Lanka, Iran, and several other countries, while presenting her annual report to the 13th Session of the Human Rights Council. Pillay described mistreatment of the government’s critics as a threat to peace in Sri Lanka, and strongly encouraged a full investigation into accusations of rights violations during the country’s civil war. Additionally, she condemned Iran for the “arbitrary arrest” of, and and “harsh sentences, including capital punishment” given to, individuals involved in protests following the 2009 presidential elections. The report details her office’s response to numerous human rights situations and emphasized the critical role of cooperation with the council’s initiatives.
Sri Lanka has faced numerous allegations of human rights violations originating from incidents that took place during the final months of the civil war by both the government and the rebel Liberation Tigers of Tamil Eelam (LTTE). In October, the US State Department released a report on the conflict, urging Sri Lankan officials to investigate reports of human rights abuses and war crimes and to prosecute those responsible. While the government of Sri Lanka rejected the findings of the report, President Mahinda Rajapaksa decided in October to appoint an independent committee to investigate allegations of human rights violations. The Iranian government continues to prosecute its citizens for their alleged roles in protesting the 2009 presidential elections. In December, Amnesty International labeled human rights abuses committed by the Iranian government following the election among the worst of the past 20 years. Alleged human rights violations of detainees include sexual assault, beatings, and forced confessions.

[JURIST] UK Prime Minister Gordon Brown on Thursday proposed tighter restrictions on the use of politically motivated arrest warrants for foreign leaders accused of war crimes. Brown said that he would seek to make tougher “the evidential basis on which arrest warrants can be allowed” and to restrict the right to prosecute universal jurisdiction crimes to the Crown Prosecution Service (CPS). Writing about the UK’s policy of universal jurisdiction, Brown explained that he is seeking to introduce these changes because “there is now significant danger of such a provision being exploited by politically-motivated organisations or individuals.” Brown wrote:But by bringing the risk of arrest into closer alignment with the risk of prosecution, our system of universal jurisdiction can be stronger. For it would be clear that we only bring cases based on evidence of sufficient strength to convince the Director of Public Prosecutions that there is a credible case.
With this approach, I am confident that an amendment on better enforcement of existing legislation will serve to enhance Britain’s status in the eyes of international law, world opinion and history.Brown intends to propose these changes and have them in place as soon as possible. In January, Israeli officials abandoned a trip to the UK over fears that they would be arrested on war crimes charges for their involvement in last year’s Operation Cast Lead in the Gaza Strip. In December, former Israeli foreign minister Tzipi Livni canceled a trip to the UK, just two months after Vice Prime Minister Moshe Ya’alon called off a trip over fears of being arrested for war crimes. Other countries have also recently moved to limit the reach of their universal jurisdiction statutes. France, which in January proposed a new judicial unit for war crimes and genocide, requires that the crime have a connection to France, which runs counter to the principle of universal jurisdiction. Last year, in a move that drew criticism, Spain limited universal jurisdiction to crimes committed by or against Spaniards, or where the perpetrators are in Spain.

[JURIST] A bill was introduced Wednesday to the US Senate that would allow gay soldiers to serve openly in the US military. Senator Joe Lieberman (I-CT) introduced the Military Readiness Enhancement Act of 2010, which would repeal the military’s “Don’t Ask, Don’t Tell” policy. In a statement released Thursday, Senator Roland Burris (D-IL) hailed the proposed legislation:
For too long, gay and lesbian service members have been forced to conceal their sexual orientation in order to dutifully serve their country. With this bill, we will end this discriminatory policy that grossly undermines the strength of our fighting men and women at home and abroad. This legislation will ensure that all gay and lesbian soldiers, airmen, sailors and Marines can serve their country openly and proudly without the threat of prejudice or discharge.The American Civil Liberties Union (ACLU) praised the bill, encouraging Congress to act quickly to end the policy. Republican lawmakers and military leaders have urged Congress not to act until the Pentagon completes its study on the impact of repealing the policy.The repeal of the controversial “Don’t Ask, Don’t Tell” policy has been an important issue for US President Barack Obama since he took office, and its inclusion in the State of Union Address makes it clear that it remains a priority for the administration. In January, legal advisers for the US Chairman of the Joint Chiefs of Staff, Adm. Mike Mullen, suggested that he delay any internal efforts to repeal the policy until 2011. In October, Obama pledged to end the controversial policy. After the US Supreme Court denied certiorari to review the policy in June, the Senate Armed Services Committee (SASC) announced that it would hold hearings to review it. In 2008, more than 100 retired admirals and generals of the US military called for a repeal of the policy.

[JURIST] The Canadian government of Conservative Party Prime Minister Stephen Harper pledged Wednesday to strengthen copyright laws. Announcing government policy in the Speech from the Throne opening the third session of the Canada’s fortieth Parliament, Canadian Governor General Michaelle Jean said that tightening intellectual property regulations was necessary to move the Canadian economy forward:
To fuel the ingenuity of Canada’s best and brightest and bring innovative products to market, our Government will build on the unprecedented investments in Canada’s Economic Action Plan by bolstering its Science and Technology Strategy. It will launch a digital economy strategy to drive the adoption of new technology across the economy. To encourage new ideas and protect the rights of Canadians whose research, development and artistic creativity contribute to Canada’s prosperity, our Government will also strengthen laws governing intellectual property and copyright.Last May, the Office of the US Trade Representative (USTR) added Canada to its Priority Watch List of 12 countries that are not adequately protecting intellectual property rights. The USTR claimed that Canada “has not delivered on these commitments by promptly and effectively implementing key copyright reforms.” In 2008, the US-based International Intellectual Property Alliance (IIPA), a consortium of seven trade associations representing 1,900 US companies producing and distributing copyrighted materials, said that Canada was one of the worst violators of IP rights, along with Russia and China, which are also on the USTR priority list. The IIPA found that the number of violations had increased over the past year due to what it called the “explosive growth of online and mobile piracy.”

[JURIST] Guatemalan authorities have arrested two high-ranking police officials leading the country’s war on drugs on charges of corruption and drug trafficking, Guatemalan Attorney General Amilcar Velasquez announced Tuesday. Police Chief Baltazar Gonzalez and anti-narcotics official Nelly Bonilla were arrested Tuesday in connection with a drug-related shoot-out last year between drug traffickers and a gang of police accused of stealing large quantities of cocaine for profit. An 11-month investigation by the International Commission Against Impunity (CICIG) in collaboration with the prosecutor’s office led to the arrests only a few days before US Secretary of State Hilary Clinton will visit the country to discuss the country’s ongoing efforts to combat the drug trade.
On Monday, the US State Department released its 2010 International Narcotics Control Strategy Report, which highlighted Guatemala as a key player in the Latin American drug trade. One of the biggest problems in the country is the corruption among high-ranking officials. Previous police chief Porfirio Perez was arrested on similar drug charges last year. In January, Guatemalan authorities issued an arrest warrant for former president Alfonso Portillo, after the US government requested his extradition to face charges of money laundering. Portillo was extradited in 2008 from Mexico to Guatemala, where he is accused of authorizing transfers of $15.8 million from the budget of the Guatemalan Ministry of Defense during his presidency from 2000 to 2004.