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.

APPEALS COURT STRIKES DOWN RIGHT TO PETITION COURTS OVER INDEFINITE DETENTIONS
Guantanamo Bay detainees may not challenge their detentions in U.S. courts, the Court of Appeals for the District of Columbia Circuit ruled Tuesday in a 2-1 decision. The ruling in the cases of Boumediene v. Bush and Al Odah v. United States upheld portions of the Military Commissions Act of 2006 that would strip nearly 400 detainees of the right to habeas corpus, their only channel to meaningfully appeal their detentions. That runs counter to one of the Constitution's most important checks on executive power: the right to challenge imprisonment in a fair proceeding, Hina Shamsi, deputy director of Human Rights First's Law and Security Program, said in a written statement. Writing for the majority, Judge A. Raymond Randolph said that the right to habeas corpus does not extend to foreign nationals held overseas and that overruling the Military Commissions Act would defy the will of Congress. Judge Judith W. Rogers dissented, arguing that the right to habeas corpus may extend to non-citizens held outside the United States and that the Military Commission Act's habeas stripping section amounted to an unconstitutional suspension of the writ. Attorneys for the detainees plan to appeal the decision to the Supreme Court.
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DEFENSE LAWYERS SEEK TO EXPOSE PADILLA'S TREATMENT IN MILITARY BRIG
A federal court in Miami prepared Thursday to hear testimony on whether Jose Padilla is mentally fit to stand trial in April. Padilla, an American citizen who was held as an "enemy combatant" in a military brig for more than three years without due process, has said he was tortured, threatened, and drugged while in prison. Padilla's lawyers have asserted that the sensory deprivation and other abuses Padilla suffered during that time rendered him mentally unfit to stand trial. Last week Judge Marcia Cooke of the District Court for the Southern District of Florida ordered Navy brig officials to testify at the hearing, marking one of the few instances in which prison officials have been asked to testify about detention conditions for terror suspects. Through the hearings, defense lawyers hope to expose Padilla's treatment in military custody. Meanwhile, prosecutors argued that Padilla's treatment is a government secret and has no bearing on his mental health.
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U.S. COUNTERTERRORISM LAWS DENY ASYLUM TO REFUGEES
Laws intended to prevent terrorists from entering the United States have effectively denied asylum to a group of Southeast Asian refugees because their assistance to the United States in the Vietnam War falls into the category of terrorism. In 2000, the United States passed legislation easing entry requirements for the same group, the Hmong refugees, in recognition of their contributions in the Vietnam War. But provisions of the USA Patriot Act and the Real ID Act have caught up many legitimate refugees through a broad definition of people who provide "material support" to terrorism. In recognition of that fact, President Bush recently waived that restriction for several groups, but the Hmong were not among them. In a report published last year, Human Rights First found that many refugees who do not support terrorism, and even victims of violent groups, have been prevented from gaining asylum in the United States by recent anti-terror legislation.
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PHILIPPINE LAWMAKERS GRANT GOVERNMENT INCREASED COUNTERTERRORISM POWERS
The Philippine House of Representatives approved an anti-terrorism bill Monday, which had stalled over human rights concerns and strong opposition among lawmakers since it was first introduced a decade ago. While some of the bill's more aggressive proposals were not approved, many lawmakers remain concerned over provisions that could violate civil liberties. Under the bill, the government may hold suspected terrorists for up to 72 hours without charges, render suspects to other countries, prevent suspects from using communications devices, and place them under house arrest. The Philippine Senate ratified the bill last week, and Philippine President Gloria Macapagal Arroyo, who has worked with President Bush to root out terrorist groups, is expected to sign it into law. The Bush Administration has recently pressured the Philippines to strengthen counterterrorism measures and to target terrorist groups. On Saturday the U.S. embassy in the Philippines confirmed the United States has asked a separatist group in the Philippines to help track individuals with links to terrorism.
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SRI LANKAN AUTHORITIES EXERCISING INCREASED POLICE POWERS TO COUNTER TERRORISM
Sri Lankan authorities have rounded up and detained hundreds of people in security sweeps since the South Asian island nation imposed emergency anti-terrorism laws in 2005. Human Rights groups have criticized the laws, which give the security forces the power to detain suspects for months without filing charges against them. Detentions in Sri Lanka have escalated in recent years as the nation has endured a longstanding civil war and authorities have accused the Liberation Tigers of Tamil Eelam, known as the Tamil Tigers, of carrying out deadly attacks on security forces. The Tamil Tigers, who seek an independent state in the northeast of the island, are considered a terrorist organization by the United States and other nations. In December the Sri Lankan government tightened existing anti-terror laws by prohibiting aid to anyone engaged in terrorism and giving police additional powers to arrest and interrogate suspects. Read more.

FEBRUARY 22: GHOSTS OF ABU GHRAIB ON HBO
A new documentary by Rory Kennedy will examine the psychological and political context of the prisoner abuses at Abu Ghraib. "Ghosts of Abu Ghraib" will also look into the policies in place that allowed the abuses to flourish and what may have compelled ordinary soldiers to commit the abuses. The film will be shown February 22 on HBO.
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FEBRUARY 23: SYMPOSIUM ON INTERNATIONAL LAW
The Center for National Security Law and the Miller Center of Public Affairs at the University of Virginia will hold a symposium examining America's interpretation of international law in the context of the global "war on terror." Human Rights First Washington Director Elisa Massimino will speak on a panel addressing "Detainee Issues: Interrogation, Treatment, and Rendition" from 2:30 to 4 p.m.
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FEBRUARY 23-25: REBELLIOUS LAWYERING CONFERENCE
The 13th annual Rebellious Lawyering Conference will be held at Yale Law School. The conference is designed to help develop and foster a community of law students, activists, academics, advocates and others working in a variety of fields in the public interest. A panel on February 24 will address advocacy and policy opposing the use of torture in interrogations. The event will be held at the Yale Law School in New Haven Connecticut.
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FEBRUARY 24-27: CONFRONTING TURBULENCE AND CONTROVERSY
The Jewish Council for Public Affairs will hold a conference titled "Confronting Turbulence and Controversy: Shaping Jewish Consensus." Human Rights First Washington Director Elisa Massimino will speak on a panel on Monday addressing the use of torture and coercion to interrogate prisoners. The conference will be held at the Omni Shoreham Hotel, 2500 Calvert Street NW, Washington, D.C.
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FEBRUARY 28: JUSTICE PROJECT MEETING
The American Bar Association and other organizations that make up the Justice Project will host a day-long planning meeting to focus on the rule of law. Human Rights First President Michael Posner will take part in discussions. The meeting will take place from 8:30 am. to 5 p.m. at the Ritz-Carlton hotel in Salon III A.
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MARCH 1: CONFERENCE ON LAW AND SECURITY AND THE STATE
The New York University Journal of International Law and Politics will host the 11th annual Herbert Rubin and Justice Rose Lutan Rubin International Law Symposium. Discussions will focus on the causes and consequences of state failure, the implications it has on international legal and political norms, as well as on global security, and potential policy solutions to address future crises. The conference will take place at the NYU Law School's Lipton Hall in New York City from 9:30 a.m. to 5 p.m.
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