[JURIST] Nigerian police officials said Wednesday that 49 people, predominately Muslims, will be charged with murder following the recent killing of Christian villagers near the city of Jos. Reports have varied as to the number of people killed in the weekend attack, but police now put the number at 109. The attacks were apparently in retaliation for the January violence between Muslims and Christians which left more than 300, mostly Muslims, dead. The city of Jos is located in an area of central Nigeria, which divides the predominately Muslim northern part of the country from the primarily Christian south. Authorities have indicated that the area is being patrolled by security forces to prevent further violence. Earlier this week, Human Rights Watch (HRW) called on the Nigerian government to prosecute those responsible for the violence. Last month, HRW urged acting President Goodluck Jonathan to to "tackle the culture of impunity" in Nigeria. While HRW has called on Jonathan directly, other rights groups have petitioned international authorities to take action to prevent recurring rights abuses. Earlier in February, the Socio-Economic Rights and Accountability Project (SERAP) called for an International Criminal Court (ICC) investigation into the violence that took place in Jos in January. The ICC is considering the petition.

[JURIST] The Afghan government should retract a law granting amnesty for war crimes and human rights abuses committed prior to December 2001, Human Rights Watch (HRW) said Wednesday. The National Stability and Reconciliation Law was originally passed by the Afghan Parliament in 2007, but did not take effect until it was recently published in the official gazette. HRW claims that the law protects alleged war criminals and human rights abusers, many of whom remain in positions of power within the government. The group says the law will also grant future immunity to people involved in current fighting in Afghanistan if they agree to reconciliation with the government. Supporters of the law note that criminal claims may still be brought by individuals, but HRW disputes this claim saying the court system is "barely functioning in much of the country, corruption is rampant, and there is no witness protection system." Afghan President Hamid Karzai had previously indicated he would not sign the act into law. In 2007, Karzai signed a bill granting amnesty to groups that allegedly committed war crimes. The 2007 resolution barred the state from independently prosecuting individuals for war crimes absent accusation from an alleged victim. A previous version of the same bill drew popular support, but Karzai refused to sign the bill in the original form.

[JURIST] The US Senate Judiciary Committee held a hearing Wednesday on the effects of the recent Supreme Court decision in Citizens United v. Federal Election Commission, which eased restrictions on political campaign spending by corporations. The hearing, entitled "We the People? Corporate Spending in American Elections after Citizens United," did not focus on any specific bill, but rather on general legislative efforts to limit the ruling's effects. Committee chair Patrick Leahy (D-VT) said that the "Citizens United decision turns the idea of Government of, by and for the people on its head." Witness Bradley Smith, law professor and chairman of the Center for Competitive Politics, countered that "the Court's decision in Citizens United is one of the most clearly correct decisions of the Court's term," and that "Congress need not 'fix' this sound decision." In January, the US Supreme Court ruled 5-4 in Citizens United v. Federal Election Commission to ease restrictions on political campaign spending by corporations. The court was asked to consider Section 203 of the Bipartisan Campaign Reform Act, which prohibited corporations and unions from using their general treasury funds to make independent expenditures for speech defined as an "electioneering communication" or for speech expressly advocating the election or defeat of a candidate. President Barack Obama sharply criticized the decision in his State of the Union Address in January. Obama warned of the increased potential for powerful interest groups, both foreign and domestic, to wield excessive influence over American elections and called for bipartisan support of legislation to counteract the decision. The decision has caused a deep partisan divide over the topic, with Democratic officials largely opposing the decision, and Republican officials mostly in support.

[JURIST] The Italian Senate on Wednesday gave final approval to a bill that would allow cabinet ministers, including Prime Minister Silvio Berlusconi, to postpone criminal proceedings against them on the grounds that they would interfere with official duties. The legislation, passed by a vote of 169-126 with three members abstaining, will allow officials to suspend trials against them for up to 18 months by claiming a "legitimate impediment" to appearing in court. Critics contend that the legislation is specifically designed to protect Berlusconi from the prosecutions he faces, while supporters claim that it will modernize the country's judicial system and allow elected officials to perform their duties. The bill was approved by the Chamber of Deputies last month. In January, hundreds of Italy's judges walked out of their courtrooms to protest the passage of legislation that placed strict time limits on the trial and appeals process. That bill was also criticized as being tailored for Berlusiconi's benefit and would result in the automatic dismissal of two pending cases against him. Later that month, it was reported that Berlusconi could also face a third trial based on information that surfaced recently. Berlusconi currently faces a corruption trial and a tax fraud trial, both of which have been postponed. The leader has been previously acquitted of false accounting and bribery, and has had other charges against him dropped.

[JURIST] Myanmar's military junta announced the implementation of another election law on Wednesday that establishes procedures for the country's first election in 20 years. The Political Parties Registration Law prevents political prisoners from participating in the election and also makes it illegal for members of religious orders, insurgent groups, and foreigners to join political parties. The most notable ramification of the new law is that it would prevent pro-democracy opposition leader Aung San Suu Kyi from participating in the election unless she is released from prison. The new law would also prevent Suu Kyi from remaining as the head of the National League for Democracy (NLD) if the party wishes to participate in the election. The NLD has not committed to taking part in the polls, claiming that the 2008 constitution is unfair because it bans Suu Kyi from taking part in the polls and reserves a quarter of parliamentary seats for the military. An election date has not been set. The Political Parties Registration Law is one of the five laws being enacted by the military junta in anticipation of the election. On Tuesday, the junta unveiled the Union Election Commission Law, which states that the military government will appoint a five-member commission that will supervise and have the final say on all electoral matters. In February, UN High Representative for Human Rights Tomas Ojea Quintana expressed great disappointment during his visit to Myanmar, stating that without certain action the elections "will not be credible." Also in February, Myanmar's Supreme Court dismissed the latest appeal by Suu Kyi against the extension of her house arrest. Suu Kyi, who has been in prison or under house arrest for 14 of the past 20 years, will be released in November according to a government official, likely after the elections have taken place.

[JURIST] An Iranian court on Tuesday began the trial of 12 Iranian prison officials accused of torturing three prisoners to death, according to the state-run Islamic Republic News Agency (IRNA). The three victims, identified as Mohsen Rouholamini, Mohammad Kamrani, and Amir Javadifar, were arrested for their involvement in the protests following the June 12 presidential election. The names of the defendants are unknown because the presiding judge has prevented any trial information from being disclosed. The 12 Kahrizak prison officials were charged with murder in December. The Iranian government acknowledged in August that the detainees had been tortured, yet initially claimed that the three men had died from meningitis. Observers have accused the Iranian government of conducting the trial as a mere political move. In January, an Iranian parliamentary inquiry found that Tehran prosecutor Saeed Mortazavi was responsible for the deaths. The report alleged that Mortazavi, the prosecutor responsible for overseeing the Kahrizak prison, ordered that the prisoners be transferred to Kahrizak, where they were tortured and beaten to death. Last month, the US government and EU issued a joint statement condemning the human rights violations following the presidential election. In December, Amnesty International (AI) labeled the human rights violations committed by the Iranian government following the election among the worst of the past 20 years.

[JURIST] An international group of human rights lawyers on Tuesday petitioned the UN Working Group on Arbitrary Detention to condemn to the detention of Chinese human rights lawyer Gao Zhisheng, missing for more than a year. The group is seeking a declaration that Gao's detention is a violation of international law. According to the petition, Gao's detention violates both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR): Mr. Gao's current predicament is merely the culmination of a pattern and practice by which the Chinese government has consistently and clearly violated Article 19 of both the Universal Declaration and the ICCPR. Without an arrest warrant to attest otherwise, we can only assume that Mr. Gao's current detention is related to his outspoken criticism of the Chinese government's human rights record relating to religious freedom. Detaining Mr. Gao as punishment for or to prevent his defense of persecuted religious groups is a violation of Article 19(2).The group also clams that Gao's detention violates Chinese law.Last month, human rights organization Dui Hua Foundation reported that the Chinese Embassy in Washington DC claims that Gao is working in the Urumqi region of China. Chinese Foreign Ministry spokesperson Ma Zhaoxu said in late January that Gao is "where he should be." Earlier in January, Chinese lawyers and US-based rights group ChinaAid called on Beijing police to conduct a search for Gao. Gao has been detained since February 4, 2009.

[JURIST] India's upper house of parliament, the Rajya Sabha, on Tuesday approved a bill to ensure that one-third of seats in parliament are reserved for women. The Women's Reservation Bill, introduced Monday, would increase the number of women serving in the 543-seat legislature, which currently has no gender quota, from 59 to at least 181. The bill was passed by a vote of 191-1 after seven lawmakers were suspended for causing a disturbance Monday by tearing up the bill and throwing it at the chairman. The bill, which requires a constitutional amendment, will now go before the Lok Sabha, the lower house of parliament, where it is expected to pass. It must then be approved by at least half the states. The controversial legislation was originally proposed in 1996, but has been repeatedly blocked. Last year, India elected its first woman president and first woman speaker of parliament. India currently reserves one-third of seats on local governing bodies for women, and, last year, increased the quota to 50 percent.

[JURIST] UN Special Rapporteur on human rights and counterterrorism Martin Scheinin on Tuesday urged the Obama administration to hold civilian trials for accused 9/11 conspirators, including Khalid Sheikh Mohammed. Scheinin called the military commissions system "fatally flawed" and said that reforming the system would not help. Meanwhile, UN Special Rapporteur on torture Manfred Nowak also argued that the suspects should face a civilian trial. A White House official said Monday that while a civilian trial for Mohammed may no longer be a realistic option, the Obama administration is working with lawmakers to allow for civilian trials for other suspected terrorists. On Sunday, the American Civil Liberties Union (ACLU) released a full-page advertisement in the New York Times, imploring President Barack Obama to fulfill his pledge to try suspected 9/11 terrorists in federal courts. It was reported on Friday that White House advisers are considering recommending that 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.

[JURIST] China and India agreed Tuesday to endorse the non-binding Copenhagen Accord, which calls for self-imposed limits on greenhouse gas emissions. Some 100 countries have already agreed to be associated with the non-binding accord, which arose from the UN Climate Change Conference (COP15) held in Copenhagen in December. China and India, nations that are among the world's largest and most quickly growing producers of greenhouse gas emissions, were the last major players to sign on to the agreement. Their delay caused some concern about the agreement's credibility and potential future impact. The UN Framework Convention on Climate Change (UNFCCC) announced in February that another round of formal climate talks will be held April 9-11 in Bonn, Germany, to follow up on the recent Copenhagen conference. While no legally-binding agreement was reached at the conclusion of the COP15 in December, 192 UN member countries agreed to "take note" of the non-binding accord developed by leaders from the US, China, India, Brazil, and South Africa in an effort to limit the global temperature rise to below 2 degrees Celsius. In January, more than 50 countries, including the US, China, and EU member states, submitted plans to reduce greenhouse gas emissions to the UNFCCC. Relative to 2005 levels, the US has pledged to reduce emissions to 17 percent, while China has targeted a 40 to 45 percent reduction per GDP unit. EU members pledged a 20 percent reduction below 1990 levels.

[JURIST] Myanmar's military junta on Tuesday unveiled the first of five laws that will set the stage for the country's first election in 20 years. The Union Election Commission Law, the first of the five laws enacted Monday to be published in state-run newspapers, states that the military government will appoint the five-member commission that will supervise and have the final say on all electoral matters. The remaining four laws cover the polls for the Pyithu Hluttaw, or House of Representatives; the polls for the Amyotha Hluttaw, or House of Nationalities, the other house of parliament; the polls for Region and State parliaments; and the Political Parties Registration Law. The National League for Democracy (NLD), the opposition party of Aung San Suu Kyi, has not committed to taking part in the polls, claiming that the 2008 constitution is unfair because it bans Suu Kyi from taking part in the polls and reserves a quarter of parliamentary seats for the military. Last month, UN High Representative for Human Rights Tomas Ojea Quintana expressed great disappointment during his visit to Myanmar, stating that without certain action the elections "will not be credible." Quintana met with 15 prisoners during visits to three prisons, but his requests to meet with imprisoned opposition leader Suu Kyi and junta leader Senior General Than Shwe were denied. The ruling military junta released 82-year old democracy activist U Tin Oo, a decorated general and Vice-Chairman of the NLD, from six years of house arrest just days before Quintana's arrival. Thant Zin Oo, the general's son, said the release was a calculated political move designed to appease the UN. The government of Myanmar announced last year that it was processing grants of immunity to allow prisoners to participate in the upcoming elections. Home Minister Major General Maung Oo announced in January that Suu Kyi will be released from house arrest in November when her sentence is scheduled to expire. The announcement has been seen as an indication that she will not be allowed to participate in the elections.

[JURIST] The Thai Cabinet on Tuesday approved the invocation of the Internal Security Act (ISA) to allow for increased security measures in anticipation of large anti-government protests. The law will provide more power to security forces and allow for the movement of protesters to be restricted through the imposition of curfews, checkpoints, and restrictions on the size of gatherings, in the event demonstrations turn violent. The law will be in effect in the capital of Bangkok and the surrounding provinces from March 11 to March 23. The protests that sparked the effort to increase security are being planned by the United Front for Democracy Against Dictatorship (UDD), or the red shirts, supporters of former prime minister Thaksin Shinawatra, who was removed from power in 2006 following a coup. The group has called for a peaceful march to begin throughout the nation on Friday and culminate in Bangkok on Sunday. Last month, the Thai Constitutional Court seized 46.4 billion baht (USD $1.4 billion) in assets from Thaksin for abuses of power while in office. Thaksin has been convicted of corruption in Thailand, but Cambodia has refused to extradite him. Last April, current Thai Prime Minister Abhisit Vejjajiva instituted a state of emergency in Bangkok and several provinces following an outbreak of protests lead by the UDD calling for his resignation. He also canceled the summit of the Association of South-East Asian Nations leaders, which was being held in the country. Abhisit called for an inquiry into the violent clashes sparked by the UDD protests, in which two died and more than 100 were injured.

[JURIST] Utah Governor Gary Herbert (R) signed a bill into law on Monday that would allow a woman to be charged with criminal homicide if she arranges for an illegal abortion. Bill HB 462 defines abortion and states that "he killing or attempted killing of a live unborn child in a manner that is not an abortion shall be punished as provided in Title 76, Chapter 5, Part 2, Criminal Homicide." The legislation is in response to a case last year where a 17-year-old girl paid a man $150 to beat her in order to induce a miscarriage. The judge in that case held that no law existed that would allow her to be charged with a crime. Also Monday, the governor vetoed the more controversial original version of the bill, HB 12, because it allowed for charges when the behavior was "reckless." Legislators feared that this language would allow for unintended consequences, that women of accidental or natural miscarriages might be investigated. Controversy over abortion laws has also continued in other states. Last week, the Supreme Court of Oklahoma ruled that a state law imposing broad restrictions on abortion violates the state constitution. 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. In November, an Illinois Cook County Circuit Court judge granted a temporary restraining order on the Parental Notice of Abortion Act of 1995 only hours after the Illinois Medical Disciplinary Board had ruled to begin enforcing the law. Earlier that month, the US Court of Appeals for the Third Circuit struck down a City of Pittsburgh ordinance that created a layered zone structure to prevent protesters from gathering outside abortion facilities. In June 2007, the governor of New Hampshire signed a repeal of the state's parental notification law, which never took effect.

[JURIST] The Nigerian government must investigate the recent killings of more than 200 Christian villagers and prosecute those responsible, Human Rights Watch (HRW) said Monday. Attacks blamed on Muslim herders took place near the city of Jos over the weekend, in apparent retaliation for violence between Muslims and Christians in January. HRW called on acting President Goodluck Jonathan to "ensure that the military and the police act swiftly to protect civilians of all ethnicities at risk of further attacks or reprisal killings, including by conducting regular patrols throughout the vulnerable region." UN High Commissioner for Human Rights Navi Pillay said:The job facing the security forces and the judiciary is extremely sensitive. It is important to avoid stimulating new resentments, while at the same time ensuring that those responsible for these atrocious acts do not escape justice. This is the third round of deadly violence in the Jos region in three years, leading to a total number of deaths that may exceed 1,000. Clearly, previous efforts to tackle the underlying causes have been inadequate, and in the meantime the wounds have festered and grown deeperJonathan responded to the January violence by deploying more troops to the region, but HRW says the patrols have failed to protect many smaller communities. Last month, HRW urged Jonathan to to "tackle the culture of impunity" in Nigeria. HRW's letter came just days after Jonathan assumed the presidency in place of ailing president Umaru Yar'Adua. Yar'Adua, who suffers from a heart condition, was taken to a hospital in Saudi Arabia in November. He has since returned to Nigeria but has not resumed his duties as president. While HRW has called on Jonathan directly, other rights groups have petitioned international authorities to take action to prevent recurring rights abuses. Earlier in February, the Socio-Economic Rights and Accountability Project (SERAP) called for an International Criminal Court (ICC) investigation into the violence that took place in Jos in January. The ICC is considering the petition.

[JURIST] The Sri Lankan Parliament voted Tuesday to extend the country's current state of emergency until after next month's parliamentary elections. The measure, passed by a vote of 93-24, was opposed by the Janatha Vimukthi Perumana, the country's main opposition party. President Mahinda Rajapaksa dissolved parliament in February to prepare for the April elections, but, under the Sri Lankan Constitution, the president's emergency powers can only be extended for one month at a time, and the extension must be approved by parliament within ten days of the president's declaration. Rajapaksa announced last week that he would reconvene parliament to seek an extension of emergency powers, claiming that the Liberation Tigers of Tamil Elan (LTTE) still pose a threat, despite an end to the country's decades-long civil war last May. Last month, the Sri Lankan Supreme Court rejected a petition to release opposition presidential candidate and former general Sarath Fonseka, who is being held over an alleged coup plot. It is believed that Rajapaksa called early parliamentary elections to harness momentum from the presidential election in January, in which he defeated Fonseka, to gain more seats in parliament for his political party, Freedom Alliance. The Sri Lankan Supreme Court ruled last month that Rajapaksa's second term will begin in November. The apparent victor in January's elections, Rajapaksa defeated Fonseka by an official margin of 18 points, winning re-election to a second term in office. Fonseka has disputed the results, saying violence and vote-counting irregularities invalidated the outcome. Sri Lanka has been under a state of emergency for most of the past 27 years.