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.

JUDGES REJECT MILITARY DETENTION OF CIVILIAN DESIGNATED "ENEMY COMBATANT"
A three-judge panel from the U.S. Court of Appeals for the Fourth Circuit ruled Monday that President Bush does not have the authority to label a U.S. resident an "enemy combatant" and hold him in indefinite military detention. The court's decision came in the case of Ali Saleh Kahlah al-Marri, a Qatari citizen, arrested in Illinois in 2001 and later charged with fraud and making false statements. Just weeks prior to his expected trial in 2003 President Bush designated al-Marri an "enemy combatant" and transferred him to military custody. Al-Marri's counsel filed a Petition for a Writ of Habeas Corpus, which was denied by a lower court. Monday's landmark ruling held that the court had jurisdiction over the case, rejecting the U.S. government's contention that the Military Commissions Act of 2006 (MCA) deprives al-Marri of the right to petition for habeas corpus. The court ruled that al-Marri must be freed from military custody, and charged in a U.S. criminal court, or deported or detained pursuant to U.S. law. The Bush administration maintains that the MCA denied the court jurisdiction over al-Marri's case and plans to request a full panel review by the Fourth Circuit. Human Rights First filed two amicus briefs in support of al-Marri, arguing his military detention conflicted with the United States' international obligations and compromised its international standing as a proponent of the rule of law. Read more.

PRESSURE MOUNTS TO RESTORE HABEAS AND CLOSE GUANTANAMO
Last Thursday the Senate Judiciary Committee approved the Habeas Corpus Restoration Act, a bill that would re-establish the right of Guantanamo detainees to contest their detentions in U.S. courts. The Military Commissions Act of 2006 (MCA), enacted by Congress last October, purports to strip the detainees of the right to petition for habeas corpus. Sen. Russell Feingold (D-Wis.) called the proposed legislation "an important first step in reasserting the primacy of American values in our law." The Habeas Act, attached to the Defense Authorization Bill, heads now to the Senate floor for further consideration. In related news, during a Sunday interview on "Meet the Press," former Secretary of State Colin Powell called for restoring habeas and closing Guantanamo. Powell said the transfer of detainees to U.S. jails and their trial in U.S. courts are necessary to rebuilding the United States' image, stating: "Essentially, we have shaken the belief the world had in America's justice system by keeping a place like Guantanamo open and creating things like the military commission." Also, on Friday military prosecutors filed motions in the military commission cases of Omar Khadr and Salim Hamdan, asking the military judges to reconsider their dismissals of the cases for lack of jurisdiction. Read more.

FBI'S PROPOSED ANTI-TERROR DATABASE MAY ENDANGER RIGHT TO PRIVACY
The Government Accountability Office released a letter Tuesday requesting an investigation of a proposed FBI anti-terror database that may curtail individuals' civil liberties and privacy rights. The FBI has asked Congress for $12 million to establish, under the guidance of the Foreign Terrorist Tracking Task Force, a National Security Branch Analysis Center to compile information on terror suspects. If approved, the Justice Department predicts the Center may acquire 6 billion records by the year 2012. Representatives Brad Miller (D-NC) and James Sensenbrenner (R-Wis.), members of the House Science and Technology investigations subcommittee and authors of the letter released Tuesday, raised concerns over the initiative's high cost, the invasion of privacy and the fear that the program will "flood the national security system with false positives – suspects who are truly innocent." The FBI's proposal bears a strong resemblance to the Pentagon's Total Information Awareness anti-terror data-mining research program that Congress terminated in 2003 due to privacy issues raised then. Read more.

EUROPEAN ROLE IN CIA'S DETENTION PROGRAM CRITICIZED
In a report issued Friday the Council of Europe alleged that from 2003 to 2005 the CIA maintained secret prisons in Poland and Romania to hold terrorist suspects. According to the Council, the two nations were "knowingly complicit" in the CIA's detention and interrogation program, which entailed interrogation techniques amounting to torture and ill treatment. Poland and Romania denied the accusations. Investigator Dick Marty, author of the report, warned that while he suspects the involvement of other nations as well, Poland and Romania were the only two countries that cooperated with investigators. Meanwhile Michael Todd issued a report on behalf of the British Association of Chief Police Officers, denying a human rights group's allegations regarding British involvement in the CIA's rendition practices. British citizens opposed to collaborating with the CIA support a law that would require disclosure of flights passing through national airports or airspace. Read more.

TOP UK COURT UPHOLDS IRAQI DETAINEE'S RIGHTS
The House of Lords ruled on Wednesday that the European Convention on Human Rights and the British Human Rights Act (HRA) protect detainees held in British custody throughout the world. The Law Lords ruled that the HRA and the Convention applied to the actions of British soldiers, who beat to death Iraqi citizen Baha Mousa at a British military base in Basra, Iraq. The British high court dismissed the cases of five other deceased Iraqis because although they suffered their injuries at the hands of British soldiers, they were not in British custody and thus the HRA and Convention did not apply to the soldiers' acts. Read more.

JUNE 21: U.S. HELSINKI COMMISSION HEARING ON GUANTANAMO
The U.S. Helsinki Commission will hold a hearing on "Guantanamo: Implication for U.S. Human Rights Leadership." The discussion will focus on global perceptions of Guantanamo, as well as the prison's impact on U.S. leadership in matters relating to human rights. Gabor Rona, International Legal Director at Human Rights First, has been asked to testify before the Commission. The hearing will commence at 10:00 a.m. in 419, Dirksen Senate Office Building in Washington, D.C. Individuals interested in attending Thursday's event may contact Erika Schlager via email, Erika.Schlager@mail.house.gov, or telephone, 202-225-1901. More information.

JUNE 22: CONFERENCE ON ROLE OF PSYCHOLOGY IN WAR, TORTURE AND TERROR
Next Friday Yeshiva University's Ferkauf Graduate School of Psychology will host a 50th anniversary conference entitled "War, Torture and Terror: The Role of Psychology." Scheduled events include numerous lectures and workshops. The conference will begin at 9:00 a.m. and end at 3:00 p.m. There is an $85 fee for all participants not affiliated with the university. More information.

JUNE 26: DAY OF ACTION TO RESTORE LAW AND JUSTICE
Next Monday Washington, D.C. will play host to a Day of Action to Restore Law and Justice, focusing on reinstatement of habeas corpus, amendment of the Military Commissions Act, and restoration of constitutional rights. The date is also UN International Day in Support of Victims of Torture. The ACLU, Amnesty International, the Leadership Council on Civil Rights, and the National Religious Campaign Against Torture have planned a full day of awareness-raising activities. More information.

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© 2006 Human Rights First