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.

DISMISSAL OF MILITARY COMMISION CHARGES REINVIGORATES GUANTANAMO DEBATE
On Monday two military judges dismissed charges against detainees Omar Khadr and Salim Hamdan, handing another judicial defeat to the commissions and adding to the mounting criticism of the Guantanamo tribunal system. In 2006 the Supreme Court stated that the former military commission system violated the Geneva Conventions and U.S. military law. Congress responded by passing the Military Commission Act of 2006 (MCA), granting the commissions jurisdiction over cases involving "unlawful enemy combatants." But military judges Army Col. Peter Brownback III and Navy Cpt. Keith Allred ruled separately on Monday that because the Combatant Status Review Tribunals (CSRT) determined only that Khadr and Hamdan were "enemy combatants," but not "unlawful enemy combatants," the commissions lacked jurisdiction over them. Associate attorney Priti Patel of Human Rights First, who traveled to Guantanamo to observe the proceedings, commented that "these categories have no basis in the laws of war and their definitions in the last five years have constantly changed." The Bush administration criticized the judges' decisions, arguing that the CSRT definition was intended to match that provided in the MCA. Sen. Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, said "It just shows what happens when they want to just rush something through arbitrarily without actually listening to the people who actually knew what they are talking about." Leahy added the decisions underscore the need to pass the "Habeas Corpus Restoration Act of 2007" (S. 185), which would restore detainees' right to file habeas corpus claims. The bill passed out of the Senate Judiciary Committee on Thursday. Also on Wednesday, the U.S. military announced the transfer of Abdullahi Sudi Arale, a suspected al Qaeda leader from Somalia, to Guantanamo, stating he would receive a CSRT hearing shortly. Read more.

NYC TERRORIST PLOT FUELS ANTI-TERROR RHETORIC
Saturday's exposed terrorist plot increased calls from law enforcement and politicians for maintaining and improving current antiterrorism measures, though authorities said the four suspects who intended to blow up a jet fuel line at John F. Kennedy International Airport possessed no real means by which to execute their plan. Law enforcement officials stressed the need for an extensive informant network that would utilize Islamic informants like the individual who disclosed information leading to Saturday's disclosure, as well as the insider who recently helped prevent the plot to attack Fort Dix. Republican presidential candidate Rudy Giuliani responded to the terrorist scheme by stating: "We need things like the Patriot Act, we need things like electronic surveillance. It has to be legal, but we need it. We need things like interrogation techniques to get information from people. Legal again, but it has to be aggressive. These are the things that keep us safe." Authorities currently hold four suspects in connection with Saturday's disclosed terrorist plot. Read more.

SENATE PANEL CRITICIZES CIA'S SECRET PRISONS
Last Thursday the Senate Intelligence Committee issued a non-binding report criticizing the CIA's secret detention and interrogation practices. The report, attached to the 2008 intelligence authorization bill, questions whether the prisons are "necessary, lawful and in the best interests of the United States." The panel commented that information obtained through CIA detentions may not compensate for difficulties created by the centers, which are faulted with undermining criminal prosecutions and damaging the United States' global reputation. Elisa Massimino, Washington director of Human Rights First, said the Committee's report illustrated that Congress "is no longer willing to blindly accept the assertion that the C.I.A. secret interrogation program using unlawful techniques serves the national interests of this country." The panel fell one vote short of adopting an amendment requiring the CIA to employ only interrogation techniques authorized by the Army Field Manual on Human Intelligence Collector Operations, except in the case of national emergency. Congress still awaits President Bush's executive order setting new CIA interrogation guidelines. Meanwhile new information emerged regarding the CIA's detention and disappearance of 39 "ghost prisoners." Read more.

ALLEGED COLOMBIAN TERRORIST APPEARS BEFORE U.S. COURT
The criminal trial of Ricardo Palmera, an alleged Colombian guerilla leader, began on Wednesday in the U.S. District Court for the District of Columbia, with Justice Department officials explaining that it showed terrorist suspects could be prosecuted in the traditional court system. Palmera, a leader of the Revolutionary Armed Forces of Colombia (FARC), is charged with the kidnappings of three Americans in 2003. Prosecutors, citing the Patriot Act, also request forfeiture of all FARC assets. Ecuadorian authorities captured Palmera in 2004 and extradited him to the United States. A Justice Department official stated that Palermo's trial proves that "there is a system in place for dealing with [terrorists] other than Guantanamo." Pursuant to the extradition treaty established by Colombia and the United States, Palmera could serve 30 years in prison if convicted. Read more.

DEBATE CONTINUES OVER BRITAIN'S PROPOSED ANTI-TERROR LAWS
The announcement of new detention proposals this week, coupled with anti-terror legislation already under review, intensified the British debate concerning counterterrorism initiatives and civil liberties. According to a report in Sunday's Miami Herald, Britain currently utilizes over four million closed-circuit cameras, greatly surpassing video surveillance usage by any other Western nation. The average Brit is caught on camera approximately 300 times per day. New proposals by the British government would prove even more restrictive. The Home Office's suggestions include the use of iris scans to identify airline passengers and a requirement that foreigners carry ID cards. On Thursday Prime Minister Tony Blair, backed by future prime minister Gordon Brown, contributed to the debate when he announced his intent to amend current detention procedures. Blair's proposed legislation, initially defeated in 2005, would allow authorities to hold prisoners without charge for up to 90 days. Read more.

JUNE 11: HRF'S 16th ANNIVERSARY WASHINGTON, D.C. CELEBRATION
On Monday Human Rights First's Washington Office will celebrate sixteen years of human rights leadership. The reception will commence at 5:30 p.m. in the Russell Caucus Room in the Russell Senate Office Building on Constitution Avenue and First Street, N.E. Individuals interested in attending Monday's event are asked to please contact Events_DC@humanrightsfirst.org.

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© 2006 Human Rights First