human rights first US Law and Security Digest

Issue #154— July 6 , 2007

Human Rights First's U.S. Law and Security Digest is a weekly report to help keep you up to date about developments in U.S. national security law and policy that have an impact on civil liberties and human rights.

HUMAN RIGHTS FIRST HEADLINES
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U.S. LAW & SECURITY NEWS
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DATEBOOK
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Headlines

IN RARE MOVE, SUPREME COURT REVERSES SELF, AGREES TO HEAR APPEAL OF GUANTANAMO DETAINEES
On Friday, the U.S. Supreme Court agreed to review the appeal of Guantanamo Bay detainees on whether they can challenge the legality of their detention in a U.S. court. This decision was a rare reversal of a previous order by the Court, which had decided in April against hearing the appeal. Oral arguments in the case are expected to be set for the Court's October term. Also on Friday, a military judge refused to reconsider the Pentagon's request for a rehearing on his original decision to dismiss the military commission charges against Omar Khadr. Army Col. Peter Brownback III in June 2007 dismissed the case against Khadr, finding that the military commissions did not have jurisdiction to try him because the prosecution failed to show Khadr was an unlawful enemy combatant as required under the Military Commissions Act. The prosecution is expected to appeal to the Court of Military Commissions Review, an appellate body established within a week of the original dismissal in June. Read more.

News

U.S. SOLDIERS CHARGED IN DEATH OF IRAQI CIVILIANS
On Saturday, two U.S. soldiers were charged with murder in connection with the deaths of three Iraqis and with planting weapons by the bodies in an attempt to cover up their crimes. The U.S. Army's Criminal Investigation Command began its investigation into the Iraqi killings after fellow soldiers informed commanders of their suspicions. The military is currently holding both suspects in solitary confinement while they await preliminary hearings. The army also announced on Monday charges against a third soldier from the same battalion in connection with the murder of an Iraqi. He was charged with planting weapons by the body in order to cover up his crime. In related news, the Naval Criminal Investigative Service is investigating allegations that U.S. Marines were involved in the killing of up to ten unarmed Iraqi prisoners during a battle in Fallouja in November 2004. Different members of the same unit were later accused of various offenses in connection with the deaths of 24 civilians in Haditha in 2005. Read more.

U.S. AND EU REACH PRELIMINARY AIR PASSENGER DATA SHARING AGREEMENT
The United States and the European Union agreed Wednesday to formulate a new air passenger information sharing system to replace the plan set to expire in July. The new proposal would reduce the amount of information exchanged while extending the period of data retention to 15 years. While the governments have agreed to the plan's initial framework, individuals such as European Data Protection Supervisor Peter Hustinx voiced concerns regarding the absence of restrictions on access to the passenger data and the subsequent availability of information to U.S. law enforcement agencies. Several European countries plan to discuss oversight concerns prior to the deal's expected completion in July. Negotiations over a permanent deal are expected to begin in November. Read more.

FOUR MEN GUILTY OF TERRORIST-RELATED OFFENSES IN BRITAIN
On Thursday, a British court convicted a man on six charges of possessing material for a purpose connected with terrorism. Omar Altimimi, 37, reportedly arrived in the United Kingdom from the Netherlands in 2002. He was convicted of possessing terrorist training manuals, including instructions on using gas canisters to make car bombs. Meanwhile, on Wednesday, three other men pled guilty in the United Kingdom to inciting terrorism through the internet. One of the individuals, Younis Tsouli, 23, was sentenced to ten years in prison by a British court. These convictions come as Britain continues to investigate who was behind the attempted bombings in London and Glasgow. No criminal charges have been filed in the attempted bombing cases but eight doctors and medical workers have been arrested thus far. Under British law, the suspects can be detained up to 28 days without charge. Read more.

Datebook

JULY 27-28: ACS NATIONAL CONVENTION: TOWARD A JUST FUTURE
On July 27, the American Constitution Society kicks off its fifth annual convention at the Marriott Wardman Park Hotel in Washington, D.C.  A variety of speeches, panel discussions and book signings are scheduled throughout the two-day event.  Hina Shamsi, Deputy Director and Senior Counsel at Human Rights First will be speaking on a discussion panel entitled "Detainee Treatment Under the Military Commissions Act."  Those planning to attend may register online. More information.



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Read Human Rights First's reports on the erosion of U.S. civil liberties since 9/11
Command's Responsibility: Detainee Deaths in U.S. Custody in Iraq and Afghanistan (PDF 1MB) 2/06-
Behind the Wire: An Update to Ending Secret Detentions (PDF - 485KB) 3/05
Getting to Ground Truth (PDF - 400 KB) 9/04
Assessing the New Normal
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Imbalance of Powers
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A Year of Loss
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