Author: JURIST – Paper Chase

[JURIST] The Appeals Chamber of the International Criminal Court (ICC) on Wednesday reversed a Pre-Trial Chamber decision that denied the application for an arrest warrant on genocide charges against Sudanese President Omar al-Bashir. The court emphasized that the reversal was procedural in nature, and did not address the substantive question of whether al-Bashir is responsible for genocide. In its March 2009 decision, the Pre-Trial Chamber required the prosecution to demonstrate al-Bashir’s genocidal intent using the “proof by inference” standard. The Appeals Chamber held that the standard used was inappropriate for the arrest warrant phase, which is governed by Article 58 Rome Statute, but declined to enter a finding of genocidal intent or to order the Pre-Trial Chamber to issue a genocide warrant for al-Bashir, as requested by ICC Prosecutor Luis Moreno-Ocampo. The case has now been remanded back to the Pre-Trial Chamber to reconsider whether there was “reasonable grounds to believe” that al-Bashir acted with genocidal intent.
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 controversial, 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] A Chinese police official said Wednesday that three people have been arrested for their involvement in the 2008 melamine-tainted milk scandal. The general manager of Lekang Dairy Co., Zhang Wenxue, as well as vice general manager Zhu Shuming and milk powder dealer Ma Shuangling have been arrested and charged with manufacturing and selling food that does not meet hygiene standards. Authorities said that Tong Tianhu, another vice general manager, would face the same charges. Lekang is one of three companies blacklisted by the Ministry of Health as a result of the tainted milk scandal. The arrests come amid concerns that tainted milk has reappeared in several areas.
In December, Beijing police issued a formal arrest warrant for Zhao Lianhai, a man who organized a website for parents whose children became ill from drinking the tainted, and charged him with picking quarrels and provoking trouble. Chinese courts began hearing tainted milk suits in late November, after families began filing individual claims. China’s Hebei Supreme Court ruled out the possibility of initiating a class action lawsuit on behalf of the contaminated milk victims in 2008. In November, a Chinese court sentenced two men to death for their roles in the scandal. A Chinese court in February declared Sanlu Group, the Chinese company that produced the melamine-tainted milk, bankrupt.

[JURIST] Malaysian opposition leader Anwar Ibrahim entered a plea of not guilty on Wednesday at the start of his sodomy trial. Anwar’s defense lawyers are hoping to postpone the trial until the resolution of his appeals of the High Court’s refusal to dismiss the sodomy charge and the Federal Court’s decision not to grant him access to prosecution evidence. Anwar, accused of sodomizing his former aid Mohamad Saiful Bukhari Azlan, contends the trial is part of a government conspiracy to undermine his political career. If convicted, he faces up to 20 years in prison.
The start of the high-profile trial comes 18 months after Anwar was charged. Anwar’s defense team has repeatedly postponed the trial with attempts to have the case thrown out. Anwar was Malaysia’s deputy prime minister until he was fired in 1998 following sodomy charges of which he was initially convicted but later acquitted. He only recently reentered Malaysian politics following the expiration of a ten-year ban against him for unrelated corruption charges.

[JURIST] The Swiss Federal Council announced Wednesday that it would accept two Uighur detainees from Guantanamo Bay. The council decided to admit the detainees for humanitarian reasons, despite the Chinese citizenship of both Uighurs and recent warnings by the Chinese Embassy in Switzerland that Switzerland would jeopardize relations with China by accepting the detainees. After psychological tests and further investigation, the Council concluded that the detainees did not pose a security threat. Authorities from the canton of Jura, where the detainees will be housed, announced Tuesday that it was prepared to issue a residence permit, and the Council has instructed the Federal Office for Migration to approve the permits.
Of the 22 Uighurs originally detained at Guantanamo Bay, 15 have been relocated. Six Uighurs were transferred to Palau in October, four were sent to Bermuda last June, and five were received by Albania in 2006. In December, Albania announced that it would not accept any more Uighur detainees in an effort to preserve positive relations with China. In November, four Uighurs at Guantanamo filed a petition for certiorari with the Supreme Court, challenging an appellate ruling that prohibited courts from preventing the transfer of detainees to foreign countries for fear of persecution or torture. China has continued to call for repatriation of the Uighur detainees that Chinese authorities consider to be part of the East Turkestan Islamic Movement (ETIM), a militant group that calls for separation from China and which has been a US-designated terrorist group since 2002. The US has previously rejected China’s calls to repatriate the Uighurs, citing fear of torture upon their return.

[JURIST] The US House Judiciary Committee has approved a bill to give the Supreme Court jurisdiction to review appeals of court-martial decisions. The proposed legislation, known as the Equal Justice for Our Military Act of 2009, would modify the high court’s jurisdiction so that service members could petition for review if the US Court of Appeals for the Armed Forces declines to review the court-martial decision. Current law permits appeal to the Supreme Court only if the case has been heard by the Court of Appeals. The bill is sponsored by Susan Davis (D-CA), who testified before the committee:
It is unjust to deny members of our Armed Forces access to our system of justice as they fight to preserve this very system. Under current law, members of the military who are convicted of offenses under the military justice system do not have the legal right to appeal their cases to the U.S. Supreme Court.The bill will now go before the full House.The companion bill in the Senate was introduced last week by Senator Dianne Feinstein (D-CA) and was assigned to committee. Feinstein has long supported the bill, although it was introduced too late in the last session of Congress to be enacted. The American Bar Association wrote a letter to the committee in support of the bill last month, calling the current laws a “blatantly unfair procedural system stacked against the service member.”

[JURIST] The Federal Supreme Court of Switzerland announced Wednesday that $4.6 million seized from the bank accounts of former Haitian president Jean-Claude Duvalier must be returned to his family. The decision, made just hours before the January 12 Haitian earthquake, overturned the ruling of the Federal Criminal Court that the money should go to aid groups working in Haiti. The lower court rejected the Duvalier family’s original claim because it could not prove the money had come from legal means. In overruling the lower court’s decision, the Supreme Court cited a statute of limitations on the crimes in the case, which had expired in 2001. The court wrote:
The recovery of assets of deposed dictators encounters various obstacles. States affected by such actions are confronted with particular problems: they may have ambiguous relationships with the deposed regime and often do not have available a proper, effective judiciary which is respectful of human rights, the prosecution of former officials, and the confiscation of their assets. In this context, the conditions imposed by appear too stringent for these cases. The length of procedures, the difficulties of proof may be – as here – insurmountable obstacles. It is therefore the legislator’s responsibility to make the necessary cuts and adjustments to reflect the specifics of these procedures.According to the Swiss Federal Department of Foreign Affairs, the government has issued an emergency decree to keep the assets frozen until a law can be passed allowing the money to be returned to Haiti.Duvalier, also known as “Baby Doc,” is the son of former Haitian leader Francois Duvalier, or “Papa Doc,” whom he succeeded as leader in 1971. Following a tumultuous reign, which included accusations of thousands of murders by his regime, Duvalier fled Haiti in 1986, and has since resided in France. In 2007, current Haitian leader Rene Preval expressed a renewed commitment to bring Duvalier to justice, despite Duvalier’s pleas for forgiveness.

[JURIST] The Latvian Ministry of Foreign Affairs (MFA) announced on Tuesday that the country will accept one detainee from the Guantanamo Bay prison. The MFA accepted the detainee as a show of support for US President Barack Obama in his attempt to close the facility. The name of the prisoner was not released for security purposes, but it is believed that the man is a Uzbek citizen who speaks fluent Russian and was arrested in Afghanistan in 2001. The MFA indicated the Latvian government received assurances from the US that no charges were brought against the man, and that he is not a danger to the public.
The Obama administration continues its push to close the Guantanamo Bay facility, despite missing its self-imposed one-year deadline last month. Last week, the US Department of Justice announced that an another Uzbek detainee was transferred to Switzerland. Also last week, the Yemeni government announced that it will build a rehabilitation center for detainees. The US had previously stated that it suspended transfers to Yemen due to security concerns. Latvia joins the growing list of countries that have recently accepted transfers, including Slovakia, Algeria, Afghanistan and Somaliland.

[JURIST] The US and Russia have reached an agreement for the first nuclear weapons reduction treaty since 1991, official said Tuesday. The landmark treaty, which will replace the recently expired Strategic Arms Reduction Treaty, will include significant reductions in both the number of deployed nuclear weapons as well as the number of nuclear-delivery systems. US Assistant Secretary of State Rose Gottemoeller is in Paris to finalize the treaty after an agreement in principle was reached last week between US President Barack Obama and Russian President Dmitry Medvedev. Advocacy groups including the Arms Control Association support the treaty for not only limiting the number of nuclear weapons, but for also providing methods for each side to moderator the other. The announcement comes as a number of world leaders gather for the 2010 Paris Summit in the hope of eliminating all nuclear weapons. The treaty could be ready for signing by the end of March.
Both US and Russia officials have recently expressed desire to have the treaty in place prior to the upcoming Global Nuclear Security Summit in April, and the Nuclear Non-Proliferation Treaty Review Conference in May. Last month, Russian Foreign Minister Sergei Lavrov said that nuclear arms reduction negotiations with the US were likely to resume in early February. Nuclear disarmament between the US and Russia, whose nuclear arsenals comprise 95 percent of the world’s nuclear weapons, languished during the Bush administration. The treaty is considered a key part of easing tensions between the former Cold War rivals, which reached their worst point after the 2008 Georgia conflict. Last July, Obama and Medvedev agreed to tentative terms for the treaty.

[JURIST] The US Court of Appeals for the Ninth Circuit on Tuesday vacated and remanded the 22-year prison sentence for so-called “millennium bomber” Ahmed Ressam, finding that the district court’s failure to follow proper sentencing guidelines resulted in an inappropriately lenient sentence. Ressam, an al Qaeda-trained terrorist, was originally sentenced in 2005 after being convicted of plotting to blow up Los Angeles International Airport on New Year’s Eve 1999. The court found that the district court failed to properly consider the sentencing guidelines, which would have required a minimum prison sentence of 65 years. The prosecution offered Ressam a reduced sentence in exchange for his cooperation against other terrorist suspects, but, over time, Ressam failed to properly cooperate with US government officials. The court found:
The procedural errors identified in the district court’s decision rendered the sentence imposed on Ressam both procedurally and substantively unreasonable. Because the sentence is procedurally flawed, meaningful appellate review is foreclosed. Based upon our review of the record before us, however, it appears that the district court abused its discretion in weighing the relevant factors by giving too much weight to Ressam’s cooperation and not enough weight to the other relevant § 3553(a) factors, including the need to protect the public.The court ordered that on remand, the case will be transferred to a different district judge for sentencing.In December 2008, the US District Court for the Western District of Washington re-issued a sentence of 22 years in prison. In May 2008, the US Supreme Court voted 8-1 to uphold Ressam’s conviction. The Court reversed the judgment of the Ninth Circuit and ruled that Ressam could be convicted and sentenced under a law punishing the carrying of explosives while committing a felony even if the explosives were not related to the felony offense.

[JURIST] UK Prime Minister Gordon Brown on Tuesday proposed a referendum to reform the nation’s election system. Brown has proposed an alternative voting system in which voters would rank candidates in order of preference. He added that the change will not affect the forthcoming elections. Brown said: If the people decide to back the alternative vote, it also offers voters increased choice with the chance to express preferences for as many of the candidates as they wish. It means that each elected MP will have the chance to be elected with much broader support from their constituency, not just those who picked them as their first choice. In short it offers a system where the British people can, if they so choose, be more confident that their MP truly represents them, while at the same time remaining directly accountable to them.
If the referendum takes place, it would be only the second referendum in the UK’s history. The first, on the UK’s European Communities membership, was conducted in 1975.The House of Lords has been a target for reform for many years. In February 2009, legislation was proposed that would allow the removal of lords for improper behavior. In 2007, then-UK prime minister Tony Blair pushed for a half-elected, half-appointed House of Lords that removed all but 92 House members who still inherit their parliamentary seats. Proposals were initiated in 2006, with the release of a document by a cross-party working group on Lords’ reform that hinted at a half-elected, half-appointed House with 450 Lords sitting in the chamber. In 2003, cabinet members rejected five different reform initiatives that varied from an entirely elected to entirely appointed House of Lords.

[JURIST] US Secretary of Defense Robert Gates announced on Tuesday the creation of a panel to prepare the Department of Defense (DOD) for the repeal of the US military’s “Don’t Ask, Don’t Tell” policy. In a hearing before the US Senate Armed Services Committee (SASC), Gates said that the group will review the potential impact of the repeal in order to produce a plan for implementation by the end of 2010. Gates expressed his support for US President Barack Obama, who last week called for Congress to repeal the policy during his State of the Union Address, but stressed the need for a deliberate process due to the sensitivity of the issue and the military’s current involvement in two wars. Gates said:
I fully support the President’s decision. The question before us is not whether the military prepares to make this change, but how we best prepare for it. … I am mindful of the fact, as are you, that unlike the last time this issue was considered by the Congress more than 15 years ago, our military is engaged in two wars that have put troops and their families under considerable stress and strain.Gates and Chairman of the Joint Chiefs of Staff, Adm. Mike Mullen, named DOD general counsel Jeh Johnson and the commander of US Army Europe Gen. Carter Ham as the panel’s co-chairs. The repeal of “Don’t Ask, Don’t Tell” has been an important issue for 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. Last month, Mullen’s legal advisers 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 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] Former Guinean junta aide Lieutenant Aboubacar Cherif “Toumba” Diakite is the sole government official to blame for the killing of more than 150 civilians in Conakry in September, a commission created by Guinea’s junta announced on Tuesday. The commission’s conclusion contradicts a UN report that blamed junta leader Moussa Dadis Camara, Minister for Special Services Moussa Tiegboro Camara, and Toumba for the September 28 slayings. According to the UN, there is evidence that all three men committed crimes against humanity and they could face prosecution in the International Criminal Court (ICC). Toumba is currently in hiding after a botched attempt to assassinate Camara this past December.
The Conakry incident stemmed from a pro-democracy demonstration against Camara, who intended to push elections forward three months and stand for re-election. In October, the ICC placed the Guinean military under preliminary investigation for human rights violations related to the Conakry incident, and the UN and Guinea both announced they were creating commissions to investigate the killings. Camara led a coup in December 2008 after the death of president Lansana Conte. The coup received mixed reactions among Guineans, some of whom welcomed a change from Conte’s 24-year regime. Camara promised to remain in power only long enough to assist the country’s transition to a new election in which he would not run himself. The international community decried the coup, and conditions inside the African country have since declined with a rise in violence and increasing crackdown on opposition.

[JURIST] Former UK international development secretary Clare Short told the Iraq Inquiry in a public hearing on Tuesday that Former UK prime minister Tony Blair was “misleading” and “deceitful” with the Cabinet and parliament regarding the Iraq invasion. Short rejected Blair’s statements to the Inquiry last week, in which he claimed that there had been “substantive” discussion regarding the invasion, which led to an “endorsement” by the Cabinet. Short claims that Blair continually blocked the Cabinet from discussing the legality of the war and they were soon reduced to having “little chats.” Short also stated that her warnings about the humanitarian crisis that would result from the invasion were ignored by Blair. In a 2003 letter to Blair, Short outlined her reservations: situation of the Iraqi people already extremely fragile. Any disruption could lead to a humanitarian catastrophe. With some more time sensible measures can be taken to reduce these risks and improve Iraq’s prospects for stability after conflict. Such measures would also help persuade the Iraqi people – as well as neighbouring countries and the British public – that we have their concerns at heart.Short also criticized former attorney general Peter Goldsmith for not voicing to parliament his doubts about the legal foundation for the Iraq invasion. Last week, former chief legal adviser to the UK’s Foreign and Commonwealth Office Sir Michael Wood told the Iraq Inquiry that he had advised the Foreign Ministry that the 2003 Iraq invasion was illegal. Also in January, the Iraq Inquiry released a 2002 letter from Goldsmith to former secretary of defense Geoffrey Hoon in which Goldsmith warned the Cabinet that the Iraq invasion was not supported by international law. In November, the Inquiry released a 2002 letter from Goldsmith to Blair, warning Blair that the planned invasion of Iraq could be illegal. The letter laid out the reasons that Goldsmith believed the Iraq invasion might be illegal, including that an invasion could not be based on “regime change” alone. Despite these reservations, Goldsmith announced to parliament that the UK had “unequivocal legal authority” to invade Iraq. Short said the ministerial code was broken as cabinet colleagues were not aware of Goldsmith’s modifications to his legal advice. The existence of these letters will increase the difficulty for Blair to use a good-faith defense against charges that he knowingly led the country into an illegal invasion.

[JURIST] Iran will “soon execute” nine more Iranian citizens for their roles in last summer’s post-election protests, according to a statement given by senior judiciary official Ebrahim Raisi to the Fars News Agency Tuesday. The nine protesters are charged with the capital crime of moharebeh, which means waging war against God. Opposition leader Mir Hossein Mousavi has condemned the hangings and holds that they are aimed at intimidating protesters who are planning a demonstration on February 11 during the 31st anniversary of Iran’s Islamic revolution. In an interview on his website, Mousavi stated that he plans to move forward with the demonstration because “peaceful protests are Iranians’ right.” Contrary to most reports, an Al Jazeera reporter in Tehran claims that a final decision on the executions has still not been reached.
The news of the impending executions comes one day after top Iranian judge Sadeq Larijani said that any further executions of anti-government protesters will be based on the law rather than on political pressure. The death sentences were issued last week, the same day two Iranian men identified as Momammed Reza Ali Zamani and Arash Rahmanipour were executed on similar charges. Amnesty International (AI) condemned the executions, saying, “hese shocking executions show that the Iranian authorities will stop at nothing to stamp out the peaceful protests that persist since the election.” The Iranian government has faced significant international scrutiny for its handling of the post-election protests and treatment of thousands arrested as a result. Last month, AI labeled human rights violations committed by the Iranian government following the election among the worst of the past 20 years.

[JURIST] The Constitutional Court of Togo ruled Tuesday that presidential candidate Kofi Yamgnane is not eliglble to run in the February 28 election. Yamgnane was to face incumbent President Faure Gnassingbe of the ruling Rally of the Togolese People (RTP) party. The court rejected Yamgnane’s bid over inconsistent records of his date of birth and conflicting immigration documents. Holding dual citizenship in France and Togo, Yamgnane’s French documents show his date of birth to be October 11, 1945, while his Togolese documents show him to be born on December 31, 1945. Yamgnane asserts that the decision is a pretext to eliminate the most dangerous candidate to the ruling RTP party. Yamgnane is unable to appeal the final decision of the constitutional court. The court has accepted the eligibility of seven other candidates to run for president, including Gnassingbe.
Gnassingbe took office in February 2005 immediately following the death of his father, Gnassingbe Eyadema, who was president of Togo for 38 years and one of the country’s longest serving leaders. Gnassingbe’s unconstitutional succession to office was met with international outcry. The Togo National Assembly subsequently elected him as speaker, entitling him to his already appointed post of president, and further modified the constitution to remove the need for interim elections, allowing Gnassingbe to serve out his father’s term until 2008. Later, Gnassingbe announced that he would hold elections as required by the original Togolese constitution. As pressure mounted for Togo to hold democratic elections, the Economic Community of West African States (ECOWAS) member countries imposed sanctions against Togo, and the National Assembly re-amended the country’s constitution so that presidential elections could be held within 60 days. African leaders later lifted sanctions against Togo following Gnassingbe’s resignation. Togo’s Parliament then named Abass Bonfoh, a member of the ruling party, as acting president. In May 2005 Togo’s constitutional court confirmed Faure Gnassingbe as the official winner of the disputed presidential election.

[JURIST] The Dutch Supreme Court on Tuesday reversed the 2008 acquittals of seven men charged with belonging to a terrorist network, ordering a new trial. The seven men, suspected of belonging to the Dutch Muslim Hofstad Network terrorist group, were originally convicted of planning attacks on Dutch politicians and were connected to the November 2004 murder of Dutch filmmaker Theo van Gogh, but their convictions were later overturned. According to the Supreme Court, The Hague Appeals Court failed to classify the Hofstad Network as a terrorist organization because it used too stringent a definition when assessing the existence of a criminal or terrorist organization. Additionally, the Supreme Court ruled that the lower court’s claim that terrorist offenses exist only when directed against vulnerable minority groups was not supported by law. The cases have been remanded back to the Amsterdam court.
The Hofstad Network included Muslim extremist Mohammed Bouyeri, who confessed to the November 2004 murder of van Gogh. Bouyeri, who was sentenced to life in prison, said he killed van Gogh in response to his film, “Submission”, which criticized the treatment of women under Islam.

[JURIST] A French court on Tuesday began the trial to determine the cause of the Air France Concorde jet crash outside Paris in 2000. French officials blame US-based Continental Airlines for the accident, alleging that a piece of metal fell off of a Continental plane and onto the runway, later causing the damage to the Concorde. The US carrier denies responsibility and claims that the Concorde caught fire before reaching the debris on the runway. Continental Airlines and two of the airline’s employees are among the six defendants charged with manslaughter. Other defendants include two former high-ranking Concorde employees and the retired head of the French aviation authority. If convicted, the defendants could each receive up to five years in prison or a €75,000 fine. The trial, which is scheduled to last four months, has been met with criticism for starting a decade after the accident, especially since the victims’ families received settlements in 2001 and the Concorde jet was officially retired by all airlines in 2003.
More than 100 people died when Air France Concorde flight 4590 crashed into a hotel shortly after takeoff in July 2000. The French Bureau of Investigations and Analysis (BEA) concluded in 2004 that the crash was caused by a titanium strip that fell from the Continental Airlines flight and pierced the Concorde’s tire.

[JURIST] The Nigeria-based Socio-Economic Rights & Accountability Project (SERAP) has submitted a letter to International Criminal Court (ICC) chief prosecutor Luis Moreno-Ocampo requesting an inquiry into the spate of religious violence that erupted in the city of Jos in January. SERAP lawyers argue that the ICC should investigate alleged unlawful killings and other human rights abuses that took place in violation of the ICC’s Rome Statute. The letter, dated last week, specifically calls upon the ICC to take the following action:1. Urgently commence an investigation proprio motu on the allegations of the unlawful killing of at least 326 people and other crimes committed during the violence in Jos this month, with a view to determining whether these amount to crimes against humanity within the Court’s jurisdiction. …
2. Bring to justice those suspected to be responsible for crimes against humanity in Jos. 3. Urge the Nigerian government to fulfil its obligations under Article 86 of the Rome Statute to cooperate; including complying with your requests to arrest and surrender suspected perpetrators of crimes against humanity in Jos, take testimony, and provide other support to the ICC.Violence between Muslims and Christians in Jos claimed at least 326 lives in January. Jos is located between Nigeria’s predominantly Muslim north and Christian south. Riots also took place in Jos in 2001 and 2008. While most Jos Christians back the ruling People’s Democratic Party (PDP), the majority of Muslims back the opposition All Nigeria People’s Party (ANPP). SERAP allegations that the Nigerian government is unable to meet its obligations to protect human rights have compounded the country’s existing political turmoil, as ailing President Umaru Yar’Adua is out of the country receiving medical treatment in Saudi Arabia.

[JURIST] The Supreme Court of Sri Lanka ruled Tuesday that President Mahinda Rajapaksa will begin his second term in office on November 19, 2010. Rajapaksa won re-election last week with an 18-point victory over his opponent, retired general Sarath Foneska. The election was held two years before the scheduled end to Rajapaksa’s first term in office, creating the question of when the president’s second term should begin. Rajapaksa called for the election to be moved up in order to capitalize on the victory over the Liberation Tigers of Tamil Eelam (LTTE) in May, ending a 25-year conflict. Supporters of the president had argued that his second term in office should begin on November 19, 2011, at the conclusion of his first six-year term, and that the results of the most recent election did not affect the length of the original term. The Supreme Court, however, concluded that the second term must begin within a reasonable amount of time in order to reflect the will of the voters. Rajapaksa is expected to meet with advisers over the next few days in order to dissolve the present parliament and order new parliamentary elections.
During his second term in office, Rajapaksa will have to continue addressing allegations of human rights violations that have been leveled against the Sri Lankan government. Last month, a UN rights expert urged Sri Lanka to conduct a war crimes probe after a video showing the execution of members of LTTE by members of the Sri Lankan military was authenticated. In October, the US State Department released a report on the conflict, urging Sri Lankan officials to investigate reports of human rights violations and war crimes and prosecute those responsible. While the government of Sri Lanka rejected the findings of the report, Rajapaksa decided in October to appoint an independent committee to investigate allegations of human rights violations.

[JURIST] Canadian citizen Maher Arar on Monday asked the US Supreme Court to overturn a lower court ruling that he cannot sue the US government for damages based on his detention in the US and his detention, interrogation, and torture in Syria after he was mistakenly identified as a terrorist. Arar is attempting to challenge the US government’s policy of extraordinary rendition under the Torture Victim Protection Act and the Fifth Amendment of the US Constitution. Lawyers from the Center for Constitutional Rights who are representing Arar said:
the Supreme Court should hear the case because the Court of Appeals’ decision not only contradicts Supreme Court decisions but also raises issues of national importance by effectively immunizing federal officials who conspired to subject Arar to torture, and to block his access to a court that would almost certainly have barred the federal officials from carrying out their illegal plan. The US government will have the opportunity to file an opposition brief before the Supreme Court decides whether to hear the appeal. Arar is appealing the November ruling by the US Court of Appeals for the Second Circuit, which held he could not sue the US government for damages. The appeals court, sitting en banc, dismissed Arar’s suit, finding that a civil remedy for harms endured as a result of extraordinary rendition must be created by Congress alone. The 7-4 decision affirmed a 2006 ruling by the US District Court for the Eastern District of New York, which dismissed Arar’s claims. The Second Circuit agreed to rehear Arar’s case en banc after a three-judge panel initially dismissed his appeal in July 2008. Arar, a Syrian-born engineer, immigrated to Canada with his family at the age of 17 and became a citizen in 1991. Arar was detained by US authorities in September 2002 after flying to New York from Tunisia on his way home to Canada. The US government deported him to Syria in 2002, where he was tortured despite Syrian assurances that he would not be. Canadian authorities have since cleared him of all suspicion, officially apologized, and paid him damages. US lawmakers apologized in 2007 for his arrest, deportation, and torture at the hands of Syrian officials.