CONTENTS:

NEWS HIGHLIGHTS OF THE WEEK:

1. World
2. Africa
3. Americas
4. Asia Pacific
5. Europe
6. Middle East
7. South Asia
8. Cyberterrorism and Information Warfare
9. Finance
10 Human Rights
11. Law and Legal Issues
12. Transportation
13. Weapons of Mass Destruction
14. Recently Published

FEATURE ARTICLE:
Counterterrorism Legislation: Case Studies

NEWS HIGHLIGHTS OF THE WEEK

1. World

The year of disasters continued last week, with tropical storm Alpha leaving 15 dead in the Caribbean and hurricane Beta on its way to Colombia. Damage in Cuba was so severe that, for the first time in decades, Cuba accepted a US disaster team's presence, although it is not appealing for international aid. Flooding in India has killed hundreds. Hurricane Wilma breached sea defenses in the Cuban capital Havana, and caused serious damage in Florida. More than a dozen people were killed.

However, the most serious emergency remains the South Asian earthquake, where further assistance is urgently needed before winter sets in. Demonstrating the extent of this disaster, India and Pakistan have agreed to open the de facto border in order to help victims of the earthquake.
Disasters Emergency Committee http://www.dec.org.uk
Kashmir International Relief Fund http://www.kirf.org
Red Cross/ Red Crescent http://www.icrc.org
Oxfam http://www.oxfam.org/eng/programs_emer_asiaquake.htm
UNHCR http://www.unicef.org.uk
UNICEF http://www.unicef.org
World Food Program http://www.wfp.org

Across Europe, Asia, Africa and the Middle East, countries are stepping up monitoring of wild and domestic birds and banning cross-border trade, including poultry imports and import of exotic birds, to attempt to limit the further spread of avian influenza. Amid fears that the disease could mutate into one that is easily spread from human-to-human, private stockpiles of anti-flu drugs increased to a level that forced companies to limit purchases, thereby ensuring stock is available should a pandemic emerge. Although human infections are most common in the winter, because the deadly H5N1 strain has been found in migratory fowl, it is possible that cases will emerge in the spring as well.
http://www.who.int/csr/disease/influenza/pandemic10things/en/index.html
http://www.cdc.gov/flu/avian/

The World Bank report "International Migration, Remittances and the Brain Drain", finds that remittances are valuable in reducing poverty and supporting development, but the emigration of educated professionals is harmful. For example, 8 of 10 college-educated Haitians and Jamaicans live abroad, as do more than 50 percent of university-educated professionals from many countries in Central America and the Caribbean.
http://web.worldbank.org/WBSITE/EXTERNAL/NEWS/0,,contentMDK:20694521~pagePK:64257043~piPK:437376~theSitePK:4607,00.html

2. Africa

In Democratic Republic of Congo there is continued fighting among militias and foreign armed groups in the east. The UN peacekeeping mission has been expanded and its term extended until next September. Elections are planned for no later than next June. Although some 15,000 armed militiamen are still fighting, about 1,000 members of the Congolese Revolutionary Movement turned in their arms last week.

Eritrea has imposed further restrictions on UN peacekeepers monitoring the border region with Ethiopia. Ethiopia has still not withdrawn troops from the flashpoint town of Bunia, whose possession had been an underlying cause of the 1988-2000 war. The binding decision of the Boundary Commission to award Bunia to Eritrea has not been implemented. Eritrea says the UN has failed in its responsibilities.

In Ivory Coast, the presidential election that had been due on Sunday was cancelled last month. Security now is high in anticipation of protests over interim President Gbagbo's retaining his position without elections. In addition, Human Rights Watch reports that Gbagbo's government is recruiting children and former combatants from Liberia into it armed forces, paying them significant fees to entice them to join.
http://www.hrw.org/english/docs/2005/10/27/cotedi11935.htm

Malawi has temporarily suspended parliament, following violent opposition protest undertaken by members of parliament angry at opposition lawmakers who want to impeach President Muthatika.

Senegal has reestablished diplomatic relations with China. It had previously maintained relations with Taiwan.

In Darfur, Sudan, rising levels of violence are posing a significant threat to the harvest and livestock migration.
http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/sudan?OpenDocument

Meanwhile, the International Crisis Group suggests that the European Union and African Union work in Darfur is "Not Yet a Winning Combination":

Elections in Tanzania have been postponed until 18 December following the death of one of the vice presidential candidates. However, Zanzibar's elections have proceeded as scheduled on 30 October. The semi-autonomous archipelago had different election rules than the Tanzania mainland.

In Uganda, two humanitarian aid workers were killed by suspected Lord's Resistance Army (LRA) rebels during three separate attacks. Relief operations, on which the population of the north depends heavily, have been curtailed following the attacks.

Zimbabwe's opposition Movement for Democratic Change (MDC) party has split over whether or not to participate in next month's senatorial election. MDC leader Tsvangirai has ordered a boycott, but several candidates have decided to run. In an effort to prevent them from filing papers, loyalists attacked three men who had filed papers, further damaging the party's cause.

3. Americas

The Organization of Indigenous Peoples in Argentina, the National Indian Confederation of Ecuador, and other organizations representing aboriginal groups from the Americas are participating in the second Indigenous Summit to discuss how to increase pressure for recognition of their land and other rights. Failure to acknowledge these rights has driven many indigenous people away or further into poverty.
http://www.indigenoussummit.net/

In Canada, a fact-finder appointed to the public inquiry into the Maher Arar affair, found credible reports of torture from Arar as well as three other men. The foreign affairs minister has contacted the Syrian ambassador to express concern over mistreatment of Canadians while in Syrian custody.
http://www.ararcommission.ca/eng/17.htm

Colombia's Administrative Security Department (DAS) leader Jorge Noguera has resigned amid allegations that the intelligence service was infiltrated by Self-Defense Forces of Colombia (AUC) paramilitaries, charges he denies.
http://eltiempo.terra.com.co/judi/2005-10-26/ARTICULO-WEB-_NOTA_INTERIOR-2582651.html (In Spanish, links to audio interview)

Guatemalan authorities are investigating a jailbreak in which 19 inmates, most violent gang members, tunneled out of the country's high-security prison in Escuintla, know as "Little Hell" because of the conditions in the prison.

In Trinidad and Tobago, more than 10,000 people participated in the "Death March" protesting the soaring crime rate, which is driven by the profits of drug trafficking.

US military fatalities in Iraq now exceed 2,000. The Los Angeles Times reports " The fatality rate for American troops shot up more than a year ago, and no political or military advance has been able to slow it." Their analysis, comparing the first 1,000 deaths that occurred from the March 2003 invasion through September 2004, to those that followed shortly after the 1-year anniversary, finds:

A US Senate committee that accused British Member of Parliament George Galloway of receiving oil money from Saddam Hussein has now accused him of lying under oath and claims to have seen bank records linking Galloway and his estranged wife to Iraqi government vouchers. Galloway said he had no knowledge of or responsibility for his wife's business dealings, and that he is willing to address any charges in the US. He and his wife have denied the allegations. See "REPORT: PSI Majority Staff Report Concerning the Testimony of George Galloway Before the Permanent Subcommittee on Investigations"
http://hsgac.senate.gov/_files/PSIREPORTGallowayOct05FINAL.pdf

The US House Committee on Science held a hearing on "The Investigation of the World Trade Center Collapse: Findings, Recommendations and Next Steps". In conjunction with the hearing, the National Institute of Standards and Technology (NIST) released its final report, including 30 recommendations for improving building and fire safety.
http://www.house.gov/science/hearings/full05/oct%2026/index.htm
http://wtc.nist.gov

A Venezuelan court has sentenced 27 Colombian paramilitaries to six years in prison for military rebellion. The charges arose from a coup plot. Three Venezuelan officers were also sentenced to prison, and 73 Colombians were released and deported.

4. Asia Pacific

The Pacific Islands Forum, including some of the smallest and poorest countries in the world, have met in Papua New Guinea where they agreed to increase the speed of economic integration, cooperate in combating avian influenza, and a number of other goals.
http://www.forumsec.org.fj/
http://www.pm.gov.au/news/media_releases/media_Release1657.html
http://www.pm.gov.au/news/interviews/Interview1656.html
http://www.pm.gov.au/news/interviews/Interview1655.html

Australia's proposed anti-terrorism legislation is under fire by the opposition Labor Party as well as several states, focusing on shoot-to-kill provisions, preventive detention and control orders, and the lack of judicial oversight. There was criticism that anti-terrorism laws would be introduced on Melbourne Cup day, Australia's most famous horse race and most popular sporting event. A recent poll indicated strong endorsement of stronger laws, but are opposed to the shoot-to-kill plan.
http://www.alp.org.au/
http://www.smh.com.au/news/national/safety-before-liberty-say-most-voters/2005/08/02/1122748639122.html

Indonesia's Aceh peace process continues, with a further troop withdrawal and Free Aceh Movement disarmament. In Sulawesi, three girls walking through a cocoa plantation were attacked and beheaded, and a fourth badly injured, as they walked to a private Christian school. The area was the scene of serious Muslim-Christian violence in 2001-2. Hundreds of police have been sent to the area in response to the attack.

Japan has reached agreement with the US to reduce by one half the number of US marines stationed on Okinawa island, and establish additional military ties including joint operations, shared basis, training, and intelligence cooperation.

Kyrgyzstan's Prime Minister Felix Kulov is under pressure to resign following last week's assassination of a member of parliament during a prison visit, which it is feared may be connected to organized crime. There have been at least three days of public protest, including suggestions that Kulov could have ordered the murder.

In southern Thailand, a series of coordinated attacks using stolen weapons has killed at least six people, including two village chiefs and two militants. Two bombs went off (and two more failed to explode) on a passenger train, eliciting security warnings of travels in the south.

5. Europe

Bosnian authorities have increased security for foreign interests following two individuals detained under anti-terrorism laws on suspicion of planning a suicide attack.

Danish police have arrested six men in connection with a suspected terrorist cell connected with a suicide group in Bosnia.

France has proposed new anti-terrorism laws including more surveillance powers and stricter sentences. Civil liberties advocates are criticizing the proposals.
http://www.interieur.gouv.fr/

Kosovo will begin working with the UN to discuss its permanent status, which is likely to lead to conditional independence.
http://www.unmikonline.org/

In Moscow, the anniversary of the 26 October 2002 theatre siege was marked by relatives of the dead, who demanded a new investigation to determine why so many died and who was responsible for storming the theatre.

"The Caucasus Battlefield" is covered in a 4-part series by Walter Mayer in Der Spiegel (in English)
http://service.spiegel.de/cache/international/spiegel/0,1518,382031,00.html

British Home Secretary Charles Clarke has said that proposed new measures outlawing the glorification of terrorist attacks would include animal rights activists who support attacks against scientific laboratories. A proposed measure to outlaw incitement to religious hatred was heavily defeated in the House of Lords.
http://www.timesonline.co.uk/article/0,,2-1841452,00.html
http://www.parliament.uk/

In Northern Ireland, work to dismantle an army observation tower in Londonderry was briefly suspended in response to people throwing stones against the base, as well as strong winds.

6. Middle East

Egyptian authorities have arrested about a hundred people in connection with last weekend's riot outside a Christian Coptic church in which three people, protesting a play some considered offensive to Islam, were killed.

The Egypt-Gaza border crossing was opened for 48 hours to allow humanitarian crossings. International envoy James Wolfensohn criticized continued Israeli control over Gaza's borders, which made it seem as if there had been no withdrawal.
http://domino.un.org/unispal.nsf/frontpage5!OpenPage

In Gaza, the Israeli air force and army launched attacks in retaliation for Wednesday's suicide bombing in Israel. Attacks included a targeted strike against Islamic Jihad member Shadi Mohanna that killed him, his assistant, and at least five civilians. 15 people were injured. In the wake of the repeated Israeli Air Force strikes, Islamic Jihad, Hamas and Al-Aqsa Martyrs' Brigades have promised revenge, an indication that Hamas may be ending the period of calm it had previously agreed to maintain.

Iran's President Ahmadinejad called for Israel to be "wiped off the map", a statement that led to international outrage and condemnation from the UN Security Council. Iran's foreign ministry said the reaction was an attempt by Israel to cover up its crimes and that Iran had no intention of attacking Israel, but a way to show solidarity with the Palestinians. In a separate development, Iran launched its first satellite into space. The joint project with Russia is intended to monitor agriculture, natural resources, and disasters.

Iraqis voted in favor of the new constitution, although there was significant opposition in two Sunni provinces. Parties are now forming alliances to contest legislative elections planned for December. With the end of high security in place to support the constitutional referendum, insurgent violence struck with renewed vigor. The week began with an attack on the Palestine and Sheraton hotels. Used by foreign journalists and contractors, the attack guaranteed maximum publicity. Two suicide attackers killed 20 people and 13 were injured. All casualties were Iraqis outside the hotel. Sectarian attacks during the week included the shooting of 12 construction workers, am ambush in which 20 Mehdi Army militiamen and two Iraqi policemen were killed, and another clash when the Mehdi Army freed a hostage then was ambushed by Sunni militants - 23 died. There were also several bombings in Iraqi Kurdistan, leaving more than a dozen casualties. Attacks against US-led and Iraqi forces continued. In addition, four sabotage attacks against an oil pipeline combined with bad weather completely stopped oil exports.

The Independent Inquiry Committee into the United Nations Oil-for-Food Program issued its final Report with accompanying tables. More than 2000 companies are implicated in the report.
http://www.iic-offp.org/story27oct05.htm

The Israeli coastal city of Hadera was struck by a suicide bomber on 26 October. Islamic Jihad claimed responsibility for the attack, which killed five and injured more than 50. The bombing was in retaliation against Israeli Defense Forces killing of Islamic Jihad military leader Luay Saadi earlier in the week.

Lebanon has not yet achieved "tangible results" in meeting UN demands to disarm militias, according to the Second Semi-Annual Report of the Secretary-General to the Security Council on the Implementation of Security Council Resolution (2004) 25 October 2005. Resolution 1559 demands Syria's withdrawal from Lebanon and for foreign militias to be dismantled. UN envoy Terje Roed-Larsen reported increased smuggling of arms and people between the two countries.
http://www.cggl.org/publicdocs/Larsen-semi-annual-report1559-final.pdf
The Lebanese government rejected a call to disarm Hezbollah, as interference in an internal matter.

The Daily Star newspaper in Lebanon has published the paragraphs censored from the Mehlis report into the Hariri assassination. http://www.dailystar.com.lb/article.asp?edition_id=1&categ_id=2&article_id=19542

Syria has set up its own internal investigation into the Hariri assassination, a measure that had been urged by the UN investigators that found Syrian links to the killing.

In the West Bank, Islamic Jihad commander Luay Saadi was shot dead by Israeli forces. In the Tulkarm operation, another gunman was killed, as were two Palestinian protesters.

7. South Asia

In Afghanistan, a rocket attack against a US-led convoy killed at least six civilians and injured three others, but there were no troop casualties. Fighting in the southern Uruzgan province killed one Afghan soldier and 14 suspected militants.

Bangladesh Nationalist Party leader Mizanur Rahman was assassinated when unidentified attackers, possibly connected with the Purba Banglar Communist Party (a banned Maoist group), threw a bomb as he sat outside a shop in the southwestern city of Khulna. Threats from Jama'atul Mujahideen Bangladesh (JMB) forced increased security at gas fields and banks.

India's capital Delhi was the scene of three coordinated bombings that have killed at least 59 and injured more than 200 people. The attacks occurred shortly ahead of two major religious festivals, targeting two crowded markets and a bus. No one was killed in the bus attack. A previously unknown group, Inqilabi, claimed responsibility. An investigation is underway.

Indian Prime Minister Singh has held talks with representatives of the United Liberation Front of Assam (ULFA) separatists. Their goal is to end 25 years of violence.

In Indian-administered Kashmir, a car bomb killed an Indian border guard and injured 29 security personnel and six civilians. Hizbul Mujahideen claimed responsibility.

Nepal's government has offered amnesty to Maoist rebels, who have not responded to the suggestion. The International Crisis Group offers a new report on "Nepal's Maoists: Their Aims, Structure and Strategy" that says:

In Sri Lanka, 27 Tamil youths, 14-23 years of age, were killed in the Bundarawela massacre in October 2000. The Asian Centre for Human Rights (ACHR) calls for the official report to be made public and that disciplinary action against eight police officers that failed to act against a Sinhala mob should be disciplined.
http://www.achrweb.org/reports/srilanka/SLK0205.pdf

8. Cyberterrorism and Information Warfare

The Voice Over IP Security Alliance has released the "VOIP Security Threat Taxonomy" to address security threats and technical trade-offs, including:

Britain's National Hi-Tech Crime Unit and their partners launched a Get Safe Online campaign, helping provide basic information about security. In conjunction with the campaign they released research data (based on 1,000 interviews) that found:

A report in New Scientist regarding a case in Alaska reveals that bone marrow transplants can confuse DNA forensic results.
http://www.newscientist.com/article.ns?id=mg18825234.600

A Consumer Reports WebWatch report, "Leap of Faith: Using the Internet Despite the Dangers" is another poll, undertaken among 1,500 people in the US, which finds:

The Federal Trade Commission and Microsoft have launched a new campaign to protect home computers from becoming zombies that send out spam and malicious code.
http://www.microsoft.com/presspass/features/2005/oct05/10-27Zombie.mspx
http://onguardonline.gov/index.html

9. Finance

China's State Banking Regulatory Commission found 240 bank corruption cases in the first half of the year, involving 1.6 billion yuan ($198 million).
http://english.people.com.cn/200510/23/eng20051023_216164.html

With the US Terrorism Risk Insurance Act (TRIA) set to expire at the end of the year, an article in Burmuda's Royal Gazette newspaper, "Insurers raise spectre of nightmare terrorism scenario" is particularly timely. Contemplating a nuclear attack, they find that losses could exceed insurer's total combined capital.
http://www.theroyalgazette.com/apps/pbcs.dll/article?AID=/20051021/BUSINESS/110210105

In his mid-term review of annual policy, Reserve Bank of India Governor Dr. Y. Venugopal Reddy provided a status on anti-money laundering guidelines:

Also note the Reserve Bank of India's intentions regarding suspicious activity reporting:
http://www.financialexpress.com/fe_full_story.php?content_id=106468

The People's Bank of China has posted a speech from the Deputy Governor, Ziang Junbo, on "Combating Money Laundering and Terrorist Financing in China".
http://www.pbc.gov.cn/english/detail.asp?col=6500&id=86

The Economist issue of 22 October included a special report on "Financing Terrorism: Looking in the Wrong Places" that argues that efforts to combat this threat are costly and ineffective. In an introductory editorial, they argue: "The effort is as vast as the benefits are negligible. Few outside the financial industry are aware that America alone has at least 20 federal agencies addressing terror financing. The biggest costs have been imposed on the private sector, and these are borne by millions of consumers in the form of higher fees and longer waiting times. Multiply these costs across nations, and the burden on the global economy is significant.... Politicians have rushed into this as a way to look as if they are taking bold action against terrorism. But this particular effort is misconceived and pointless".
http://www.economist.com/printedition/displaystory.cfm?story_id=5053373 (subscription)
http://www.riskcenter.com/story.php?alter=print&id=11672&PHPSESSID=3fbdff356190b47d8124237032852b4c

US Re is advocating a public-private sector solution for terrorism reinsurance.
http://www.insurancejournal.com/news/national/2005/10/28/61386.htm

10. Human Rights

In the US, congressional measures to exempt the CIA from a ban on inhumane treatment and to dramatically loosen provisions for permitting executions are under consideration.
http://www.hrw.org/english/docs/2005/10/26/usdom11922.htm
http://web.amnesty.org/pages/stoptorture-index-eng
http://www.washingtonpost.com/wp-dyn/content/article/2005/10/25/AR2005102502012.html
http://web.amnesty.org/pages/deathpenalty-index-eng

US federal judge Gladys Kessler ordered that the US government must provide medical records and notify lawyers for those detained at Guantanamo Bay prior to force feeding them. Afghan, Saudi, Qatar and Yemeni detainees brought the case in response to alleged brutal force-feeding and other mistreatment.
http://www.ccr-ny.org/v2/reports/report.asp?ObjID=N5XEnDHnku&Content=651

Court rulings by judges in New York and Texas have found that mobile surveillance could not be conducted without showing evidence of a crime with a warrant, lest long-established privacy protection be violated.
http://www.eff.org/news/archives/2005_10.php#004090

The United Nations and more than 20 other organizations have adopted the Declaration of Principles for International Election Observation and its Code of Conduct, setting common standards for democratic elections around the world.
http://www.un.org/apps/sg/sgstats.asp?nid=1762
http://www.accessdemocracy.org/library/1923_declaration_102705.pdf

Britain's House of Lord's Constitution Committee issued their third report on the Identity Cards Bill, criticizing the lack of safeguards in the bill and warning that the plan "fundamentally alters the relationship between citizens and state".
http://www.publications.parliament.uk/pa/ld200506/ldselect/ldconst/44/4402.htm

Rosa Parks, the black woman whose refusal to give up her bus seat to a white man, sparked a mass boycott in 1955 that marked the start of the civil rights movement, has died, age 92. She will be the first woman ever to lie in honor in the US Capitol Rotunda.
http://www.rosaparks.org/

The first international congress on Islamic feminism will be held in Spain later this month.
http://www.islamonline.com/cgi-bin/news_service/world_full_story.asp?service_id=1819

11. Law and Legal Issues

Mahmoud Abdel-Al, leader of the Islamic Al-Ahbash group mentioned in the Mehlis report, has been charged in Lebanon with participating in former Prime Minister Rafik Hariri's assassination.

Ahmed Omar Abu Ali is on trial for plotting to assassinate the president, commit aircraft piracy, providing material support to al Qaeda, and other charges, to which he pleaded not guilty. The US citizen was arrested while taking a test at a Saudi university, and was then tortured. The US federal judge hearing the case has ruled that his confession is admissible in court, and that his scars could have had other causes.

Mukhtar Ansari, a legislator in Uttar Pradesh, India, has surrendered to police to face charges of inciting religious riots in which eight people were killed and 36 seriously injured.

Gamal Baharan and Angelo Trinidad, suspected members of Abu Sayyaf, and Rohmat Abdurrahim, an Indonesian connected with Jemaah Islamiah, have been sentenced to death in Philippine court for the February bus bombing in Manila that killed four.

William Courtney ("Mo") has gone on trial in Northern Ireland for the murder of Alan McCullough in connection with a feud within the Ulster Defense Association (UDA). The leading loyalist had denied that charge as well as charges that he was a member of the UDA and the Ulster Freedom Fighters (UFF).

Mohammed Abu Dhees, Ismail Shalabi, and Ashraf al-Dagma, all from Jordan, and Algerian Djamel Moustfa, were convicted in German court of planning attacks and belonging to a terrorist organisation, Al-Tawhid (Al Qaeda in Iraq). They were sentenced to terms of between five and eight years in prison.

Abdul Latif Hakimi, the Taleban spokesman, and 13 other suspects were extradited from Pakistan to Afghanistan. It was the first such extraditions since the Taleban fell in 2001.

Nazmi Hassin and Salem Zaydan, both Israeli Arabs, have been indicted on charges of abetting the enemy in wartime and contact with a foreign agent in connection with their alleged membership in and activities on behalf of Hamas.

Baz Mohammad has been extradited from Afghanistan to the US, where he will face charges of running an international heroin cartel.

Chris Murungaru, Kenya's Transport Minister, has been banned from the US for alleged corruption. He began legal action in the UK against a similar ban three months ago, and now plans to take action in the US as well.

Ali Mohaqiq Nasab was sentenced to two years in prison after a Kabul, Afghanistan court found that articles in his women's rights magazine Huquq-e Zan had blasphemed Islam.

Prince Adegbenie Olateru-Olagbegi of Nigeria was sentenced in British court to 12 years in prison for smuggling cocaine. The drug was hidden inside onions and surrounded by dried fish, but even these pungent odors did not deter the drug-sniffing dog at Heathrow airport.

Ali Omari and Mohammad Jundi were sentenced in Jordan's State Security Court to five years hard labor for planning attacks in Israel and Jordan. Three other defendants were given lower sentences for recruitment and two were acquitted. Abdul Muti Abdul Aziz Abu Moeleq was sentenced to five years in absentia: he had previously been sentenced to death for the 1995 assassination of a Jordanian diplomat in Beirut.

Imran Patel was arrested in England following a report in News of the World that he had been groomed to be the fifth bomber on 7 July. He has now been charged with wasting police time by lying to the reporter.
http://www.newsoftheworld.co.uk/story_pages/news/news2.shtml

Chhouk Rin, a former Khmer Rouge commander, has been captured. He had been sentenced in absentia to life in prison for the 1994 murder of three western tourists. They and 13 Cambodians were killed when ransom negotiations failed. Two other Khmer Rouge commanders are already serving life sentences for the crime.

Mohammad Saleem Wani ("Shamsheer of Kishtwar") was arrested, along with two associates, in Indian-administered Kashmir. The three men are believed to be with Jaish-e-Mohammad. Saleem is believed to be a district commander connected with a number of militant attacks.

Ahmad Santos, leader of the Rajah Solaiman Movement, and seven colleagues have been arrested in the Philippines, where they are believed to have been planning attacks in Christian areas of the country.

John Tinanzabo, a former militia leader with the Union of Congolese Patriots (UPC), was sentenced in Bunia, Democratic Republic of Congo county court, to 15 years in prison and a fine of 100,000 Congolese francs ($200) for forgery and extortion.

Ahmed Hassan Al-Uqaily, an Iraqi national living in Nashville, Tennessee, was sentenced in US court to 57 months in prison followed by deportation. He was in possession of weapons and had made threats of jihad against Jewish interests.

Ralph Uwazuruike, leader of the separatist Movement for the Actualisation of a Sovereign State of Biafra, has been arrested in Nigeria.

Gregorio Vicario Setien, Dolores Lopez-Resina, Alberto Ilundain Iriarte, and Didier Aguerre were sentenced in French court to 18 years in prison for the 2001 theft of over 1.5 tons of dynamite, and other charges. The four are members of Basque separatist group ETA.

12. Transportation

Turkmenistan has banned transportation of WMD-related materials through its airspace.

Somali warlord Muse Sudi Yalahow, based in Jowhar, said that any plane flying over the capital, Mogadishu - as would be necessary to reach his base - would face being shot down. Meanwhile, pirates continue to strike off the Somali coast. In the International Maritime Bureau's alert, they report:

The US Department of Homeland Security announced completion of the National Strategy for Maritime Security and its plans to support the Presidential Directive instituting the strategy:

Canada has joined the US Container Security Initiative.
http://www.cbsa-asfc.gc.ca/newsroom/release-communique/2005/1020washington-e.html

The US Department of State has issued final rules for using radio frequency identification (RFID) chips in all US passports. The data is not encrypted and the system has not been tested on a large scale.
http://edocket.access.gpo.gov/2005/05-21284.htm

The US Department of Homeland Security's Inspector General released a "Review of the Immigration and Customs Enforcement's Compliance Enforcement Unit". The review finds that of 301,046 reports of possible violations in 2004, only 4,164 were pursued, and there were only 671 apprehensions, of which few if any would be likely to face deportation. Of an estimated 9-10 million illegal immigrants, at least 3.6 million people are there because they overstayed their visas. However, only 51 full-time agents were assigned to work on these cases.
http://www.dhs.gov//dhspublic/interweb/assetlibrary/OIG_05-50_Sep05.pdf

The US Government Accountability Office reported, "Transportation Security Administration: More Clarity on the Authority of Federal Security Directors Is Needed".
http://www.gao.gov/cgi-bin/getrpt?GAO-05-935

13. Weapons of Mass Destruction

The US has abandoned plans to fund the controversial Robust Nuclear Earth Penetrator (RNEP).
http://domenici.senate.gov/news/printrecord.cfm?id=247711
In House hearings, testimony indicated that US officials are comfortable with their ability to respond rapidly to a nuclear threat.
http://homeland.house.gov/release.cfm?id=433

France has cancelled plans to partially privatize the state nuclear power group Areva due to potential security concerns.

Nigeria's cabinet approved the Chemical Weapons Convention and has passed it on to parliament for action.

US President Bush has extended for one year a state of emergency regarding WMD proliferation. President Clinton declared the state of emergency in 1994, and it has been amended twice since, through executive order.
http://www.whitehouse.gov/news/releases/2005/10/20051025-3.html

Canada's Prime Minister Paul Martin told US Secretary of State Rice that the US has an obligation to help curb the smuggling of funs into Canada.

Brazilians rejected the government-backed proposal to ban the sale of guns and ammunition with a clear majority of 64 percent.

14. Recently Published

Peter Baker and Susan Glasser, "Kremlin Rising: Vladimir Putin's Russia and the End of Revolution" Scribner

David Barrett, "The CIA and Congress: The Untold Story from Truman to Kennedy", University Press of Kansas

Tony Gould, "A Disease Apart: Leprosy in the Modern World", St. Martin's

Andrew Gumbel, "Steal This Vote: Dirty Elections and the Rotten History of Democracy in America", Nation

Malcolm MacPherson, "Roberts Ridge: A Story of Courage and Sacrifice on Takur Ghar Mountain, Afghanistan", Delacorte

Zainab Salbi and Laurie Becklund, "Between Two Worlds: Escaping form Tyranny: Growing Up in the Shadow of Saddam", Gotham

Marc Siegel, "False Alarm: The Truth About the Epidemic of Fear", Wiley

Charles Williams, "Petain", Palgrave

FEATURE ARTICLE: Counter-Terrorism Legislation: Case Studies

Earlier this month the British government unveiled new anti-terrorist legislation that includes provisions to expand law enforcement powers regarding detention, questioning, and deportation. The draft bill combines common law legal systems such as those used in the UK, Australia, and the US where law enforcement and the judiciary have separate powers, with continental practices that use an investigating magistrate.

As the consultative process begins, the Foreign Office has prepared a research paper that compares legislation in Australia, Canada, France, Germany, Greece, Italy, Norway, Spain, Sweden, and the US. As Secretary of State Jack Straw explains, "Different countries, with differing political and legal traditions and systems, recognising the particular threat posed by terrorism, have enacted a variety of measures to counter that threat. Approaches have varied and evolved over time in the face of a changing threat and changing terrorist tactics".

The paper focuses on comparing the main provisions of each country's laws, but also includes several case studies that illustrate how they have been used in actual cases. These are reproduced below.

CANADA
Case Study: Suresh v Canada
In Suresh v. Canada (Minister of Citizenship and Immigration) 2002, the Supreme Court of Canada reviewed the decision to deport a Sri Lankan refugee (and a member of the LTTE). The Court had to consider whether the provisions in the Immigration Act that allow the Minister to deport individuals who are considered a threat to Canadian security are constitutional and, in particular, whether they violated the principles of fundamental justice set out in the Canadian Charter of Rights and Freedoms.

The Supreme Court held: "We do not exclude the possibility that in exceptional circumstances, deportation to face torture might be justified?Insofar as Canada is unable to deport a person where there are substantial grounds to believe he or she would be tortured on return, this is not because article 3 of the Convention Against Torture directly constrains the actions of the Canadian Government, but because the fundamental justice balance under Section 7 of the [Canadian] Charter [of Rights and Freedoms] generally precludes deportation to torture when applied on a case by case basis. We may predict that it will be rarely be struck in favour of expulsion where there is a serious risk of torture. However, as the matter is one of balance, precise prediction is elusive" (para 78). What amounts to "exceptional circumstances" has not been explored further.

GERMANY
Case Study: Metin Kaplan
Metin Kaplan, leader of Kalifatstaat ("Caliphate State"), was sentenced by the competent criminal court in 2000 to four years in prison for inciting members of his group to murder a rival. The administrative court withdrew his refugee status. Kaplan remained in prison after his sentence was completed, pending the execution of an expulsion order. The Cologne court rejected the Land authorities? bid to have him sent back to Turkey, ruling that there was a risk of torture or the risk that testimonies allegedly given by witnesses under torture would be used. Kaplan was released on 27 May 2003 and continued to live in Cologne under a supervision order while the Land government appealed.

The Interior Minister sought to overcome concerns that Kaplan risked torture in Turkey by seeking formal assurances from Ankara that Kaplan would receive a fair trial and would not be mistreated in detention. The diplomatic assurances that were obtained were presented to the court, which agreed to take them into account. In October 2004 the higher administrative court ruled that Kaplan could await the appeal against expulsion outside the country. The administrative court stated that there was no concrete risk of torture in Turkey. That judgement was confirmed by the Federal Administrative Court (BVerwG) after the deportation of Kaplan. He was immediately re-arrested and flown to Istanbul, where he has since been found guilty of treason.

GREECE
Case Study: The November 17 trial
The effectiveness of counter-terrorism legislation was tested during the investigation and subsequent trial of 19 alleged November 17 (N17) terrorists arrested in the summer of 2002. The trial took place from March to December 2003 and was the first to be conducted under the new legislation. Of the 19 defendants, 15 were convicted of a number of crimes, including creating and participating in a criminal (terrorist) organisation, murder, bodily injury, robbery, explosions, possession of explosives etc. Alexandros Giotopoulos, the alleged leader of N17, was sentenced to 21 terms of life imprisonment plus a further 25 years imprisonment for committing more than 200 terrorist offences. Another leading member, Costas Koufontinas, was sentenced to 13 terms of life imprisonment plus 25 years.

All of those convicted received the maximum sentence for their respective offences. Many also had their enjoyment of certain civil rights suspended. The suspension could result in the loss of (or inability to acquire) elected, public or other communal office or the loss of any rank or position in the armed forces. Amongst other things the suspension would mean that the individual would not be able to act as a member of a jury or be employed as an expert by public authorities. Those who were sentenced to life imprisonment received suspension of their civil rights for life (subject to a right of appeal or an application to have the suspension withdrawn after 5 years).

NORWAY
Case study: Mullah Krekar
Mullah Krekar (aka Najmuddin Faraj Ahmad) is the former head of the Northern Iraq-based Ansar al-Islam terrorist organisation. He was granted political asylum and awarded a Norwegian residence permit in November 1991 on the grounds that his life was in danger in his native Iraq. However, in 2002 he returned to Northern Iraq allegedly acting again with the Ansar al-Islam thus breaching the conditions of his asylum and residency. In September 2002 he was arrested in the Netherlands on his return from Iraq and, on his release in January 2003, sent back to Oslo. In February 2003 the Norwegian Government decided to deport Krekar and he was arrested a second time in March when they revoked his residency permit and travel / asylum documents.

Apart from the residency offences he was also charged with incitement to commit terrorist attacks against US troops in Iraq, and with the formation of a private militia in Northern Iraq. Krekar faced a separate extradition request from Jordan on drugs charges. The Norwegian courts found insufficient evidence to support any of these charges and released him in April, despite a police appeal. However, the Government continued to collect information in support of a retrial. In June and October 2003 the formation of a militia charge and incitement charge respectively were officially dropped against Krekar through lack of admissible evidence. In November the Norwegian courts rejected the Jordanian extradition request.

In January 2004 Krekar was re-arrested a third time and charged with the criminal offence (as opposed to the previous asylum and terrorism offences) of attempted murder in Northern Iraq (in the spring of 2002). He was released from custody six weeks later though the authorities continued to withhold his travel documents. In June 2004 this criminal case was dropped and Krekar now only faces the deportation order against him based on his illegal return to Northern Iraq in 2002 whilst claiming refugee status in Norway. This case continued in July 2005 with key officials testifying that he also represented a threat to national security due to his influence over religious fundamentalists. No decision has yet been reached.

SWEDEN
Case Study: Ahmed Agiza
On 18 December 2001 the Swedish Government refused the asylum application of Ahmed Agiza on the grounds that he posed a serious security threat to the State. Agiza was expelled to Egypt on board a US government-leased aircraft. Upon arrival, Agiza was detained by Egyptian authorities to serve a sentence for his conviction in absentia for, among other crimes, murder and terrorist activities.

The Swedish Government's decision of 18 December 2001 relied on certain assurances given by the Egyptians that Agiza would not be subject to the death penalty, torture or ill-treatment, and that he would receive a fair trial. The Swedish and Egyptian authorities also agreed to a post-return monitoring mechanism involving regular visits to the men in prison by Swedish diplomats.

A complaint was submitted to the UN Committee against Torture alleging that Sweden had breached its obligations under article 3 of the Convention against Torture by returning Agiza to Egypt. On 24 May 2005 the Committee upheld the complaint on substantive and procedural grounds. The Swedish Government responded to this Decision on 18 August 2005. It maintains its intention to rely upon governmental assurances in future cases of this kind, though subject to stricter safeguards.

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