House Passes New Wiretapping Legislation; Mexico Changes Judicial System To Emphasize Human Rights; Federal Court Rules On Guantanamo Detainee Appeal

By Andrew Benfield
Impunity Watch Senior Desk Officer, North America

WASHINGTON, United States – On June 19, 2008, Congress’ House of Representatives approved an “overhaul” of the United States’ wiretapping laws. 

A major issue concerning the new legislation was the ability to hold communication companies liable for there cooperation with the government in turning over private communication records of United States citizens.  The new legislation acts as a compromise.  The communication company’s liability must be decided by the court system.  The companies were not given outright immunity but there will be a high burden of proof to prove culpability. 

The new legislation also deems the Foreign Information and Surveillance Act program as the “sole authority for electronic surveillance.” 

The legislation now passes to the Senate floor.

For more information, please see:

CNN – House Approves Overhaul of Wiretapping Laws – 20 June 2008

Washington Post – Senate Debates Rewrite of ’78 Law That Created Secret Intelligence Court – 26 June 2008

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MEXICO CITY, Mexico – The Mexican government has taken steps to create a judicial system more akin to the United States.

Mexico now allows “public trials” and has created a “presumption of innocence standard.”  Unlike the previous standard, prosecutors and defense lawyers will argue the case in open court before a judge.  The judge will read his decision in open court and explain the logic of his findings. 

Mexico’s President Felipe Calderon said that this is the “most important reform to the criminal system” that Mexican citizens have seen in a long time. 

By law, these changes must be implemented by 2016.  While Mexico is faced with the tasked of retraining thousands of legal officers, President Calderon feels that Mexico can now offer “citizens a more transparent judicial systems that respects human rights and protects your rights with more speed and efficiency.” 

For more information, please see:

AP – Mexico Adopts US-style trials – 17 June 2008

USA Today – Mexico Adopts US-style trials; presumption of innocence – 17 June 2008

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WASHINGTON, United States – On June 23, 2008, a federal appeals court rule that a Guantanamo Bay detainee has been “wrongfully identified as an ‘enemy combatant’” and should be “released or transferred or given a new hearing.” 

This appeal was the first time a United States court has decided a case of a detainee at Guantanamo Bay.  The decision stems from the United States Supreme Court’s ruling that Guantanamo detainees have the right to be heard in United States courts. 

For more information, please see:

AHN – Appeals Court Orders Guantanamo Detainee Freed or Given New Hearing – 24 June 2008

Washington Post – Appeals Court Invalidates Detainee’s ‘Enemy’ Status – 24 June 2008