September 2005 Archives

[JURIST] The Hong Kong government [official website] Friday appealed a high court ruling [decision text, in English] last month that said a criminal law preventing consenting males under the age of 21 from having sex was a violation of human rights [JURIST report]. The criminal law allowed lesbians and heterosexuals to engage in sex from the age of 16, but prohibited sex between consenting males, who faced potential life sentences if caught and convicted. The case had been brought by a 20-year old male and the high court said the law was "an arbitrary interference in his private life," discriminatory against homosexual males, and was inconsistent with Hong Kong's Basic Law [text and background] and Bill of Rights [text]. The plaintiff's lawyer said he was surprised by the government's appeal. Reuters has more.

[JURIST] Jack Kevorkian [BBC profile] has said that he would not assist people in committing suicide if released on parole, but said that he would campaign to legalize assisted suicide. The former doctor is serving 10-25 years in prison on a second-degree murder conviction for giving a patient with Lou Gehrig's disease an injection of drugs that killed him in 1998. In an interview [transcript] with MSNBC, Kevorkian said, "I have said publicly and officially that I will not perform that act again when I get out. What I'll do is what I should have done earlier, is pursue this from a legal standpoint by campaigning to get the laws changed." The ex-doctor will not be eligible for parole until 2007. The US Supreme Court is scheduled to hear arguments next Wednesday in Gonzales v. Oregon [Duke Law backgrounder], where the government is appealing [JURIST report] a 9th Circuit decision [PDF opinion; JURIST report] upholding Oregon's Death with Dignity Act [text], which allows assisted suicide. AP has more.

[JURIST] Leading Friday's states brief, as Connecticut becomes the second state to offer same-sex couples civil unions [JURIST report] October 1, town clerks are saying they are ready, but some employers may not be prepared. While only a few town clerks offices plan to be open tomorrow and there is no way of knowing how many of the state's approximately 7,400 same-sex couples will seek a civil union, Sandra Hutton, president of the Connecticut Town Clerk's Association [official website], said, "We're ready. We have the proper documentation. We won't have any problems at all." As for employers, employee benefits attorney Bruce Barth stated, "I think employers are going to start getting requests (for benefits) as soon as Monday. And they're not prepared." Connecticut will also recognize civil unions [JURIST report] from Vermont beginning tomorrow. AP has more.

In other state legal news ...

• The Florida Supreme Court has extended [PDF text] the deadline for state prison inmates to challenge their convictions through DNA testing until July 1, 2006. The state's highest court will also consider whether to eliminate the deadline completely, as urged by the Florida Bar Association, and the issue is also likely to be addressed by future legislation. Michelle Fontaine, assistant director of the Florida Innocence Initiative [advocacy website] in Tallahassee said, "We have always wanted there to be unfettered time for individuals to file these claims," but some opponents of the extension cite the costs of storing evidence and the clogging of state labs. In 2001, the Legislature gave inmates 2 years to have the evidence used against them tested for DNA, and during a subsequent 2 year Florida Supreme Court extension [JURIST report], Wilton Dedge and Luis Diaz, after serving 22 and 26 years respectively, were exonerated. The St. Petersburg Times has local coverage.
  
  
• The Arkansas Supreme Court [official website] has heard oral arguments on whether a 1997 amendment to the city fuel tax exemption law, which exempts "a city bordering a state line which is in the main channel of the Mississippi (River)" from a 1973 amendment prohibiting the law's application to areas annexed to border cities, is unconstitutional. An attorney for the state Department of Finance and Administration [official website] argued that the amendment helps poor border cities and that a lower court judge erred when he nullified only the unconstitutional language of the law instead of the entire statute and substituted "river" for "the Mississippi." The border city fuel tax exemption provides that in certain border areas the gasoline tax can not be more than 1 cent per gallon above the gasoline tax in the bordering state. The Arkansas News Bureau has local coverage.

[JURIST] The Osaka High Court ruled on Friday that visits by Japanese Prime Minister Junichiro Koizumi [official website, English version] to a Shinto shrine for war dead [official website, English] violate Japan's constitutional provisions for separation of church and state. The visits are also controversial because China and South Korea consider the shrine a monument to Japanese militarism during the early 20th century. The ruling seems to conflict with Thursday's dismissal by a Tokyo court of a suit seeking damages for the visits [JURIST report], in which the court held that the visits were private acts. Still, it doesn't prevent Koizumi from making the visits, and Japanese legal and political experts say it likely won't influence his decisions. Koizumi last visited in January 2004 and has not announced whether or not he will return this year. Reuters has more.

[JURIST] Leading Friday's international brief, the South Sudan legislature has been inaugurated, marking a key step in the development of a functioning government for the now autonomous southern region of Sudan. In accordance with the January 9 Comprehensive Peace Agreements [JURIST report], South Sudan will create an independent government that will work together with the main Sudanese government [official website] in the capital city of Khartoum until 2011, when South Sudan will hold a national referendum to decide whether to remain in Sudan or become an independent nation. The legislature was sworn-in in Juba, the operating capitol of South Sudan. The legislature's primary responsibility in its early stages will be the ratification of the newly-drafted Sudan Constitution [JURIST report] that delineates the power-sharing agreement reached in the January CPA. JURIST's Paper Chase has continuing coverage of Sudan [JURIST news archive]. The Sudan Tribune has local coverage.

In other international legal news ...

• Zimbabwean Minister of State Security and Lands Reform Didymus Mutasa told reporters Thursday that under the new amendments to Zimbabwe's constitution [JURIST report], the government was planning to seize all arable farm land in the country and then redistribute the rights to work the land "irrespective of race." Under the new, controversial power, the government not only evicts the previous tenants of the farm land in question, it also seized title to the land permanently, effectively outlawing the private ownership of farm land. Zimbabwean President Robert Mugabe [BBC profile] has been accused by various NGOs and rights groups as using the practice of kicking white farmers off of land they own as a means to incite racial division and maintain political power. In one of the first public criticisms of the government plan, Governor Gideon Gono of the Zimbabwean Reserve Bank [official website] called the evictions, often accomplished by mobs carrying a variety of weapons as opposed to official police personnel, criminal, and called on the government to stop the evictions. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. South Africa's Mail & Guardian has local coverage.
  
  
• Two employees of the Kenya Times [media website] have been charged with breaking Kenyan press laws by publishing a story entitled "Coups in Africa do not occur out of nothing" in last week's Sunday edition. Senior editor Onyango Omollo and writer David Ochami were arrested Friday and charged under laws that prohibit Kenyan journalists from publishing 'alarming stories' that may cause fear and panic in the public in newspapers. The two men pleaded not guilty to the charges and are scheduled for a preliminary hearing on October 14 and trial on November 8. If convicted, the two men could be sentenced to jail for up to two years. JURIST's Paper Chase has continuing coverage of Kenya [JURIST news archive]. Kenya's East African Standard has local coverage.

[JURIST] Algeria's proposed Charter for Peace and National Reconciliation [AP key points] was approved by over 97 percent of the vote in Thursday's referendum [JURIST report] as part of an effort to end a 13-year civil war in the country [CIA Factbook backgrounder]. Nationwide voter turnout topped 80 percent, but was skewed by some regions having near total participation and others hardly any in response to calls for a boycott. Some denounced the plan's broad amnesty for Islamic extremists and said while it did not exempt war criminals, it would make their prosecution more difficult. The plan does not grant amnesty to anyone involved in rape, massacres, or public bombings, but doesn't specify how to make that determination. Anywhere from 100,000 to 150,000 people were killed during the conflict; the plan provides for reparations for families of victims. AP has more.

[JURIST] Milan Prosecutor Armando Spataro announced Friday the approval of three new arrest warrants in connection for purported CIA operatives with the kidnapping of a radical Muslim in 2003 [Washington Post report] in Milan. A total of 22 purported CIA operatives are now sought by Italian police. Italy may request extradition [JURIST report] for those accused, but US cooperation in such a request is not likely. The US embassy in Rome [official website] on Friday reaffirmed their position of not commenting on the case. The incident has strained relations with Italy [JURIST report] and created suspicion that the US took cleric Osama Moustafa Hassan Nasr, also known as Abu Omar, to Egypt so that he could be tortured, a tactic called "extraordinary rendition". AP has more.

[JURIST] Sen. John Warner (R-VA) [official website], chairman of the US Senate Armed Forces Committee, said Thursday that Secretary of Defense Donald Rumsfeld [official profile] has promised to give "immediate consideration" to concerns about the increased detentions [JURIST report] and accidental shootings of journalists covering the conflict in Iraq. Representatives from Reuters and the Committee to Protect Journalists [advocacy website, press release] have complained to Warner [Reuters report] about "a long parade of disturbing incidents whereby professional journalists have been killed, wrongfully detained, and/or illegally abused by US forces in Iraq." Gen. George Casey [Washington Post report], the top US commander in Iraq, also said the concerns would be taken "very seriously" and promised to work with local journalists when he returned to Iraq. At least 66 journalists and media workers have been killed in Iraq since the invasion began in March 2003. At least seven journalists have been detained this year, with four still in custody. Reuters has called for Rumsfeld to resolve the problem in a way that balances the security interests of US forces in Iraq with "the equally legitimate rights of journalists in conflict zones under international law." Reuters has more.

[JURIST] US Rep. Tom DeLay (R-TX) [official website, JURIST news archive] was ordered on Thursday to appear in a Texas court on October 21 for his initial appearance in connection with charges that he violated Texas election law [JURIST report]. DeLay is accused [indictment text, PDF] of conspiring to use corporate donations to support candidates for the Texas legislature; state law allows corporate donations to be used only for administrative expenses. Indictments were earlier issued against associates of DeLay [JURIST report]. DeLay attacked the indictment in interviews Thursday, saying that he thought prosecutors were convinced that he had not participated in any wrongdoing and categorized the indictment as politically motivated. Travis County District Attorney Ronnie Earle [official website] denied any such motivation and pointed out that he has prosecuted more Democrats than Republicans. AP has more.

[JURIST] US military officials said Thursday in testimony before the US Senate Armed Services Committee that they are confident that Iraq will vote to approve the draft constitution [English translation; JURIST news archive] in the upcoming October 15 referendum, but warned that approval is "critically important" to avoid a descent into anarchy. Under Iraq's Transitional Administrative Law [text], a majority must vote in favor of the charter, but if two-thirds of voters in any three of Iraq's provinces reject the draft, the constitution will be defeated. Those monitoring the situation in Iraq have indicated that there has been a massive effort to encourage Sunni Arabs to register to vote while Sunni leaders are campaigning for a rejection of the charter. Pentagon officials are predicting that the constitution will fail in the Sunni-dominated Anbar province, but that only one other province will reject the constitution by a two-thirds majority. Sunni leaders, meanwhile, repeated Thursday their pledge to vote 'no' [Reuters report] and rejected efforts by US ambassador to Iraq Zalmay Khalilzad [official profile] to broker a last-minute deal to ease Sunni concerns about the draft [JURIST document]. Earlier this week, the International Crisis Group, issued a report [PDF text] criticizing Iraq's constitutional process for deepening the country's political fractures and expediting Iraq's violent break up. Friday's New York Times has more.

[JURIST] US Army Reserve Colonel Janis Karpinski [JURIST news archive], former US commander of Iraq's Abu Ghraib prison [JURIST news archive], said Friday that the US military has done little to ensure that abuses first exposed by the Abu Ghraib photos are not continuing in US-run facilities in Iraq, Afghanistan and Guantanamo Bay [JURIST news archive]. In an interview [recorded audio] with BBC's Today program, Karpinski also welcomed Thursday's federal court ruling [PDF text; JURIST report] that the government must release additional photographs and videotapes that depict detainee abuse at Abu Ghraib. Karpinski said that the release, which has been delayed for at least 20 days, will allow the "opportunity to get a more balanced view and certainly a fair assessment of where the blame belongs." Karpinski, who was relieved of her command [JURIST report] over the Abu Ghraib scandal and subsequently demoted for dereliction of duty [JURIST report], has consistently said that she was the only high-ranking officer that was dealt with harshly and that others implicated in the scandal "walked." AFP has more.

[JURIST] Government officials in the United Kingdom are rethinking plans to enact a new law [JURIST report; draft text, PDF] that would criminalize the act of "glorifying terrorism." In an interview [recorded audio] Thursday with BBC's Today program, Prime Minister Tony Blair noted that because the proposed law needed to strike a balance between security and civil rights, it needed to be "very clear and very right." Other government ministers have admitted privately the current language of the law is still too broad. Apart from his reservations regarding the disputed law, Blair reasserted his support for legislation that would authorize deporting foreign Islamic extremists [JURIST report]. The Financial Times has more.

[JURIST] The International Criminal Court (ICC) [official website] will soon issue arrest warrants for leaders of the Uganda rebel group Lord's Resistance Army (LRA) [BBC backgrounder], according to statements from a UN official Thursday. The LRA leaders, who have taken refuge in Congo, have been accused of raping and maiming children over the past two decades. Some diplomats believe ICC could issue the warrants, the first-ever to be issued by the ICC, as early as next week. Reuters has more.

[JURIST] California Governor Arnold Schwarzenegger Thursday followed through on his promise to veto [JURIST report] the gay marriage bill [AB 849 text] passed by the California Assembly [JURIST report] earlier this month. In a veto statement [PDF] issued late Thursday in Sacramento Schwarzenegger said he supports the current rights and benefits extended to same-sex partners in the state, but that signing the current bill would have confused a constitutional issue already before the state courts. The San Francisco Chronicle has more.

[JURIST] AP is reporting that New York Times reporter Judith Miller has been released from federal prison [JURIST report] after agreeing to testify to a grand jury investigating the leak of a CIA operative's identity, according to legal sources. Her time at the Alexandria Detention Facility [official website] in Virginia marks the longest any journalist has ever served to protect a source.

8:48 ET - Miller was released after her source, apparently I. Lewis Libby [official profile], Vice President Dick Cheney's chief of staff, voluntarily released her from her pledge of confidentiality. Miller has issued a statement saying she will appear before the grand jury on Friday. The New York Times has more.

[JURIST] Trial preparations commenced Thursday in federal court in Houston for the first federal civil trial involving the Merck-manufactured Vioxx [JURIST news archive] painkiller. Earlier this month, New Orleans-based US District Judge Eldon Fallon, charged with managing the hundreds of federal civil suits involving the withdrawn prescription drug, decided to move the trial from New Orleans to Houston [JURIST report] in the wake of Hurricane Katrina [JURIST news archive]. The trial is scheduled to begin November 28. AP has more.

[JURIST] The White House said Thursday that President Bush will probably wait until next week to announce his next nominee to the US Supreme Court. Bush was earlier expected [JURIST report] to announce his nominee to replace retiring Justice Sandra Day O'Connor [Wikipedia profile] almost immediately after the Senate confirmed John Roberts [JURIST news archive; Wikipedia profile] to be Chief Justice. Because Justice O'Connor's replacement will likely affect the balance of the Court, Senators anticipate more intense scrutiny of the new high court pick. AP has more.

[JURIST] The Supreme Court of Canada [official website] ruled [judgment] unanimously Thursday that provincial governments can pass laws to recover health care costs incurred in taking care of people sickened by smoking. Canadian tobacco companies had challenged the constitutionality of the 1998 Tobacco Damages and Health Care Costs Recovery Act [text] which authorized British Columbia to seek damages against the companies for both past harm and future health complications. Canadian anti-tobacco activists hope that other provinces use the BC legislation as a model for future recovery actions against the tobacco industry. The Toronto Globe and Mail has more.

[JURIST] The US House of Representatives Thursday approved by 229-193 legislation that would overhaul the 1973 Endangered Species Act [official website]. Rep. Richard Pombo (R-CA) [official website] steered the Threatened and Endangered Species Recovery Act of 2005 (TESRA) [PDF summary] through the House Resources Committee last week [JURIST report]. If enacted, the law will eliminate the designation of "critical habitat" for those areas inhabited by protected species; authorize the Interior Secretary [official website] to determine the standards for scientific data on which agencies would base their decisions; and require the federal government to compensate land owners if the Endangered Species Act prohibits development on their land. AP has more.

[JURIST] Leading Thursday's states brief, the Oregon Supreme Court ruled in separate decisions today that a state law [decision text] banning live sex shows and a local ordinance [decision text] that requires nude dancers to stay four feet away from customers both violate the state constitution [text] guarantee of free expression. The majority opinion in the first case stated that freedom of expression extends "to the kinds of expression that a majority of citizens in many communities would not like," but lone dissenter Justice Paul De Muniz found live public sex shows were not intended to be protected by the drafters of the constitution. Both rulings overturned decisions of the Oregon Court of Appeals. AP has more.

In other state legal news ...

• The Florida Supreme Court heard oral arguments [transcript] Thursday on whether a 1997 state law requiring doctors to inform women seeking an abortion of the procedure's risks is unconstitutionally vague and violates privacy rights. A lawyer for the Presidential Women's Center of West Palm Beach argued that the here. AP has more.
  
  
• A Florida appeals court has affirmed [PDF text] a decision to grant class-action status for a lawsuit which alleges Pinellas County School District [school website] has failed to narrow the achievement gap between white and black students and in doing so has violated the state constitution's equal protection clause. The school district argues that while working hard to narrow the gap, factors beyond its control such as high poverty among black families are hindering the effort. The class will include 20,000 current students and future black students. AP has more.

[JURIST] The New Orleans police department Thursday launched an investigation into police officers' alleged participation in looting that occurred in the wake of Hurricane Katrina [JURIST news archive]. News reports filed in the wake of the hurricane placed some officers at the scene of some of the heaviest looting in the city. A spokesperson for the New Orleans police department stated today that approximately 12 police officers are currently suspected in having a role in post-Katrina looting. The investigation comes two days after New Orleans Police superintendent resigned after announcing the establishment of a tribunal [JURIST report] to contend with the 250 police officers who went missing from their posts in the wake of the storm. AP has more.

[JURIST] Canadian holding company Ravelston Corp. will plead not guilty to US fraud charges alleging the company participated in a scheme to swindle more than $32 million from US-based Hollinger International [corporate website]. Ravelston, the holding company of former Hollinger CEO Conrad Black [CBC profile], and other former Hollinger executives were indicted last month [JURIST report] on federal fraud charges for allegedly diverting $32 million from Hollinger through a complex series of fraudulent, self-dealing transactions. According to the indictment [PDF text; DOJ press release], Ravelston is alleged to have enriched certain corporate officers by funneling payments disguised as non-competition fees to a company they controlled at the expense of Hollinger's public shareholders and corporate assets. David Radler, also named in the indictment, pleaded guilty [JURIST report] last week to mail fraud. Canadian Press has more.

[JURIST] Federal prosecutors in Miami have asked the full US Court of Appeals for the Eleventh Circuit [official website] to reconsider a decision [JURIST report; PDF opinion] by a three judge panel to throw out the convictions of five accused Cuban spies [advocacy website] for spying for Cuban leader Fidel Castro [Wikipedia profile]. In its August decision that was praised by the Cuban government [JURIST report], the panel found that excessive publicity, community prejudice, and extreme remarks by the prosecution substantially biased the trial against the defendants. The court called for a new trial outside Miami. Although the five accused spies admit being Cuban agents, they said they were spying on anti-Castro exile groups in the United States, not on the US government. AP has more.

[JURIST] Following this morning's confirmation vote [JURIST report] in the US Senate, John Roberts [JURIST news archive] has been sworn in as Chief Justice of the United States at a ceremony at the White House. Justice John Paul Stevens administered the oath of office. CBS News has more.

5:39 PM ET - Speaking at the swearing-in ceremony, President Bush said:

Today we complete a process set forth in Article II of the Constitution, which provides that the President shall nominate, and by and with the advice and consent of the Senate, shall appoint the judges of the Supreme Court. The nomination power is one of the most serious responsibilities of a President. When a President chooses a Supreme Court justice he is placing in human hands the full authority and majesty of the law.

Each member of our highest court holds a position of extraordinary influence and respect, and can hold it for a lifetime. The office of Chief Justice has added responsibilities as leader of the Court, and as presiding officer of the Judicial Conference of the United States. To carry out all these duties, I submitted to the Senate a nominee of integrity, deep humility, and uncommon talent. ...

As Judge Roberts prepares to lead the judicial branch of government, all Americans can be confident that the 17th Chief Justice of the United States will be prudent in exercising judicial power, firm in defending judicial independence, and above all, a faithful guardian of the Constitution.

The process we have just completed epitomizes the separation of powers that is enshrined in our Constitution. My nomination was announced some 10 weeks ago here in the White House, the home of the executive branch. This morning, further up Pennsylvania Avenue, it was approved in the Capitol, the home of the executive [sic] branch. And tomorrow, I will go into the Supreme Court building to join my colleagues, the home of the judicial branch, to undertake my duties. The executive and the legislature have carried out their constitutional responsibilities and ensured the succession of authority and responsibility in the judicial branch.

What Daniel Webster termed, "the miracle of our Constitution" is not something that happens every generation. But every generation in its turn must accept the responsibility of supporting and defending the Constitution, and bearing true faith and allegiance to it. That is the oath that I just took. I will try to ensure, in the discharge of my responsibilities, that with the help of my colleagues, I can pass on to my children's generation a charter of self-government as strong and as vibrant as the one that Chief Justice Rehnquist passed on to us.

[JURIST] The Japanese government Thursday proposed providing relief for asbestos victims in a plan that will have companies involved in asbestos-related activities picking up most of the cost. The bill mandates compensation for workers handling asbestos [JURIST news archive], their families and residents near businesses who have suffered from asbestos-induced diseases but are not covered by the workers' accident compensation program. Prime Minister Junichiro Koizumi [official website] said that the government is preparing to submit the proposal during the Diet session to begin in January 2006. Nearly 2,000 people die in Japan each year from mesothelioma or asbestos-induced lung cancer, but only 10 to 20 percent of them are believed to be receiving compensation under the current program according to government officials. In the United States, the US Senate is expected to take up legislation [PDF text] next month that would establish a $140 billion asbestos compensation fund [JURIST report]. Kyodo News has more.

[JURIST] Belgium has issued an international arrest warrant for Hissene Habre [Wikipedia profile], the former leader of Chad [CIA backgrounder], lawyers said Thursday. Habre, rumored to be in exile in Senegal, is wanted for crimes against humanity that were allegedly committed during his 1982-90 rule of the African country. Under current Belgium law, prosecution for such crimes is allowed to proceed regardless of where the crimes were committed or where the defendant resides. Belgium watered down its universal jurisdiction [Wikipedia backgrounder] laws in 2003 under pressure from the United States after individuals brought complaints against President Bush and other senior officials. Universal jurisdiction principles have also been invoked by Belgium prosecutors to convict two Rwandan men [JURIST report] accused of war crimes committed during the 1994 Rwandan genocide. AP has more.

[JURIST] Algerians voted Thursday in a referendum [AP key points; BBC backgrounder] that seeks to bring peace to Algeria after a 13-year-long civil war. Algerian President Abdelaziz Bouteflika [official profile in French] says the Charter for Peace and National Reconciliation seeks to close the wounds of the battle between Islamic militants and government forces that left over 100,000 people dead and resulted in thousands of disappearances. Those found guilty of taking part in massacres, rapes and bombings in public places are not included in the amnesty, but opponents say the document is too vague and will be difficult to enforce. Family members of victims of the conflict will receive compensation under the charter as well. Human rights groups have been critical of the document [Human Rights Watch report], claiming it prevents some war crimes from being investigated. BBC News has more.

[JURIST] Bayou Group hedge fund founder Samuel Israel, III and Chief Financial Officer Daniel Marino on Thursday pleaded guilty to fraud charges for their roles in a scandal that has led to the collapse of the fund [JURIST report] and wiped out investors' money. Both Israel and Marino pleaded guilty to charges that included mail fraud, wire fraud, investment adviser fraud, and conspiracy to commit investment adviser fraud. Bayou is the most recent example of what authorities say is a growing amount of fraudulent activity involving the loosely regulated hedge funds. Hedge funds currently manage $870 billion in assets in the US, up from less than $300 million five years ago. Earlier this month, SEC Chairman Christopher Cox said the agency would implement a rule [JURIST report] that would allow the government to take a stronger role as watchdog over the hedge fund industry. AP has more.

[JURIST] Lawrence A. Franklin [Wikipedia profile], an analyst for the US Department of Defense, plans to plead guilty to charges [JURIST report] that he provided classified information to an Israeli official and a pro-Israeli lobbying group, according to the US District Court clerk's office in Alexandria, VA. Franklin's indictment [PDF text] stems from allegations that he divulged top secret information in 2003 regarding potential attacks on US forces in Iraq to Steve Rosen and Keith Weissman, two members of the American Israel Public Affairs Committee (AIPAC) [official website], neither of whom had the security clearance to receive the sensitive information. Franklin allegedly told Rosen and Weissman, both of whom have also been charged [JURIST report], that the information was "highly classified" and asked them not to "use" it. Franklin is scheduled to enter his guilty plea next week, although the exact charges to which he will enter his plea have not yet been disclosed. AP has more.

Previously in JURIST's Paper Chase...

• Former pro-Israel lobbyists indicted for disclosing classified US defense info
• Indictment against former Pentagon analyst unsealed
• FBI charges Pentagon analyst with leaking classified documents
• FBI investigates suspected Israeli mole

[JURIST] In the first case of a transfer from a UN tribunal [ICTY press release] to a Balkan country, Bosnian Serb war crimes suspect Radovan Stankovic [UN indictment, PDF] has been moved from the International Criminal Tribunal for the former Yugoslavia [official website] in The Hague to be tried in a Bosnian state court. Tribunal spokesman Matias Hellman confirmed the move Thursday. The decision bolsters the credibility of the Bosnian court system and helps to reduce the case load of the tribunal, which is expected to wrap up its work around 2010. AFP has more.

[JURIST] US District Judge Alvin K. Hellerstein has ordered the release of photographs and videotapes of detainee abuse at Iraq's Abu Ghraib prison [JURIST news archive], despite government arguments that the images could damage America's image in Iraq and Afghanistan. The ruling comes in an ACLU lawsuit [ACLU case backgrounder] seeking information on the treatment of detainees in US custody and the transfer of prisoners to countries known to use torture. During arguments, Hellerstein expressed hesitation over ordering the photos' release [JURIST report], but in his ruling [PDF text] Thursday, Hellerstein wrote that "fear of blackmail is not a legally sufficient argument to prevent us from performing a statutory command." The new photos and video will not be released immediately, however; at the very end of his ruling Hellerstein stayed his own order 20 days to allow either side to appeal. AP has more.

[JURIST] The defense lawyer for Saddam Hussein [JURIST news archive] has filed a motion petitioning the Iraqi High Criminal Court, previously called the Iraqi Special Tribunal [official website], to delay the first of Hussein's several expected trials set to begin on October 19 [JURIST report]. Khalil Dulaimi said he only gained access to the prosecution's evidentiary file over the weekend, and in his motion cited Rule 45 of the court's Rules for Proceedings and Evidence Gathering [PDF text], which requires the defense attorney to have such information at least 45 days before a trial. Dulaimi also pointed out that the prosecution has not identified over 100 witnesses giving testimony for an 800-page dossier against Hussein, and said the document should be sent back to an investigative judge. An anonymous court official said the tribunal will review Dulaimi's motion for an extension but that it will probably not be accepted since a previous member of Hussein's defense team received a copy of the prosecution's case file on August 10, which technically gave the defense the requisite 45-day time period. Earlier this month, Dulaimi said that the reorganization of Hussein's defense team would not give him enough time to prepare for the October trial date. The Los Angeles Times has more.

Meanwhile, Iraqi Prime Minister Ibrahim Jaafari [Wikipedia profile] responded Thursday to arguments by Saddam's defense team that they were not officially informed of the trial date by the Iraqi Special Tribunal, but rather by a government spokesman. Jaafari said: "Saddam's trial date is scheduled for October 19 and it is not possible to postpone this case which has already been pending for too long. Given that judicial authorities are independent we will not be interfering, but we have asked them to deal speedily, but without rashness, with the case." AFP has more.

[JURIST] The US Senate has approved the nomination of Judge John Roberts [JURIST news archive] to serve as the 17th Chief Justice of the United States by a vote of 78-22 [roll call vote]. Roberts is expected to be sworn in at a ceremony at the White House later today.

Previously in JURIST's Paper Chase...

• Roberts headed for bipartisan Senate confirmation
• US Senate to take up Roberts nomination
• Senate Judiciary Committee approves Roberts nomination
• Roberts hearings end; vote expected soon

[JURIST] The United Nations Wednesday defended its decision approving Tunisia to host a UN summit on Internet access in the developing world, despite protests that the country is unfit due to repeated allegations of press and civil society abuses. The Tunisia Monitoring Group (TMG) [official website] issued a report [PDF text] earlier this week saying the country should not be permitted to host [TMG press release] the November World Summit on the Information Society [official website] because the Tunisian government [official website in French] has increased efforts to monitor email and internet cafes and currently blocks access to web sites created by Reporters Without Borders [official website] and the independent press. A spokesman for UN Secretary-General Kofi Annan defended the UN's decision saying, "These kinds of international conferences can be beneficial to the people in the country hosting them. It opens up the country to the outside world and such a spotlight of attention gives the government strong incentives to try to meet international standards, including on human rights." Earlier this year, Tunisian police came under protest [JURIST report] for storming a courthouse to remove 50 lawyers gathered in opposition of Israeli Prime Minister Ariel Sharon's future attendance at the summit. AP has more.

[JURIST] Wisconsin Governor Jim Doyle [official website] has said that he will veto a ban on human cloning [PDF bill text] approved by the state senate Wednesday by a margin of 21-12. The ban, previously approved by the Wisconsin Assembly [JURIST report] in June, would prohibit reproductive cloning and Doyle said it would also hinder research for curing certain diseases and would harm the University of Wisconsin-Madison's efforts in stem-cell research. Doyle, whose mother suffers from Parkinson's disease, said in a statement [text]: "Allowing our scientists to search for cures to the world's deadliest diseases isn't about being liberal or conservative. It's about being compassionate. And respect for human life means you don't turn your back on cures that can save lives." Earlier this year, Massachusetts lawmakers overrode the governor's veto [JURIST report] of a bill that allows stem-cell research, but prohibits human cloning. AP has more; from Milwaukee, the Journal Sentinel has local coverage.

[JURIST] The European Union [official website; JURIST news archive] will hold a meeting Sunday to discuss Austria's objections to beginning negotiations with Turkey [JURIST news archive] on the country's proposed membership to the EU [EU enlargement backgrounder]. All 25 of the EU nations must agree on a negotiating mandate before discussions with Turkey can begin, and Austria refused to vote in favor of the mandate Thursday, thereby creating a deadlock. Austria does not want Turkey to gain full membership to the EU, but rather be offered the option of a lesser partnership, saying the country is "too big and unready" to join fully. A British official speaking on the condition of anonymity said that bilateral talks will continue to take place between London and Vienna to attempt to get Austria to release its demands. If the EU fails to come to a consensus on Sunday, the negotiations with Turkey, currently scheduled to begin Monday, will be delayed. AP has more.

[JURIST] Leading Thursday's international brief, the current president of the UN Security Council [official website], Philippine Ambassador Lauro Baja [official profile] condemned the renewed violence in the Darfur region [JURIST news archive] of Sudan [government website], and warned that the Security Council was seriously concerned by the continued violations of the April 2004 cease-fire by both government and rebel forces. UN relief coordinator Jan Egeland [official profile] warned Sudan at the same time that the continued violence had led to serious discussions concerning the complete withdrawal of all humanitarian aid workers in the Darfur region. New cease-fire agreements between the rebel forces and the government are currently underway, but the talks have stalled over accusations of cease-fire violations. JURIST's Paper Chase has continuing coverage of Sudan [JURIST news archive]. The Sudan Tribune has local coverage.

In other international legal news ...

• The Sudanese government [official website] on Wednesday formally appealed the August 2005 [JURIST report] decision by the US District Court for Eastern Virginia which allowed the families of the 17 US sailors killed in the 2000 terrorist attack [Wikipedia backgrounder] on the USS Cole [official website] to continue their civil suit against the Sudan government. The suit revolves around whether the Foreign Sovereign Immunities Act [State Dept FAQ] applies, or if sufficient ties to the al Qaeda organization existed within the Sudan government to allow the surviving families to proceed under the terrorism exception in the FSIA. The August ruling held that sufficient ties had been demonstrated to allow the case to continue to trial, but Sudan maintains that the evidence is invalid and is seeking to suppress the suit before it reaches court. JURIST's Paper Chase has continuing coverage of the USS Cole [JURIST news archive]. The Sudan Tribune has local coverage.
  
  
• Impartial elections are being held in the northwestern Somaliland province [Wikipedia backgrounder] of Somalia in an attempt to gather official international recognition as an independent state for the breakaway territory. Self-proclaimed as independent since the 1990s, Somaliland has traditionally been rejected as a self-sustaining state by the rest of the world out of fears of increased instability in the already lawless Somalia [Wikipedia profile]. Existing without a de facto government for the last 15 years, Somalia has been the alleged home of numerous terrorist groups and rebel factions. Somaliland political parties appealed to the 800,000 eligible voters (out of 3.5 million inhabitants) to turn out in mass numbers, regardless of which of the three political parties they vote for, simply to demonstrate that Somaliland deserves global recognition. Results are expected early next week. South Africa's Mail & Guardian has more.
  
  
• A Human Rights Watch [advocacy website] statement released on Wednesday in Nepal accused the Royal Nepalese Army [official website] of using the three soldiers convicted of torturing and murdering [JURIST report] 15-year-old Maina Sunuwar in 2004 as "cosmetic gestures" for the Army's poor human rights record. HRW said the convictions and the creation of human rights investigatory committees [JURIST report, RNA backgrounder] were merely designed to hide the fact the RNA continues to act with impunity throughout the nation. According to HRW's figures, the RNA "has been responsible for the largest number of reported forced disappearances in the world." The RNA held last week that the convicted soldiers had served their six-month sentence during the time they were held in Army barracks prior to and during the trial, effectively preventing the convicted men from serving any jail time. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Read the HRW press release. Kantipur Online has local coverage.

[JURIST] A Tokyo court dismissed a lawsuit against Japanese Prime Minister Junichiro Koizumi [official website, English version] Thursday that claimed his visits to a Shinto war shrine violated Japan's constitutional separation of religion and state. The court denied the plaintiffs' requests for 3.9 million yen ($34,433) in compensation and ruled that Koizumi's visits to Tokyo's Yasukuni Shrine [official website, English version] were private acts. China and South Korea, both victims of Japan during times of war, have spoken out against Koizumi's visits because the countries believe that the shrine is a symbol of Japan's past militarism, honoring Japan's military war dead and World War II war criminals. The plaintiffs in the case were appealing a decision earlier this year by a Japanese lower court, which rejected their petition to stop Koizumi from visiting the shrine [JURIST report]. Koizumi has defended his decision to make visits to the shrine, saying he goes to pray for peace and to honor those who died in war. Reuters has more.

[JURIST] Venezuelan President Hugo Chavez [Wikipedia profile] Wednesday strongly criticized a ruling from a US immigration judge [JURIST report] earlier this week that Cuban exile Luis Posada Carriles [Wikipedia profile; JURIST news archive] would not be handed over to Venezuela or Cuba for prosecution on alleged terrorist acts because he could potentially face torture. The former anti-Castro CIA operative is wanted in Venezuela regarding allegations that he played a role in the 1976 bombing of a Cuban airliner, and Posada is also wanted in Cuba where he is accused of making numerous assassination attempts on Cuban President Fidel Castro [Wikipedia profile]. Chavez had strong words for the US, saying, "Now the US government has decided in favor of the terrorist Posada . . . see the cynicism of the imperialists. They torture in Guantanamo Bay, they are the ones who torture. They kill, assassinate and bomb people." Chavez said if Posada is not handed over, he may review current ties between the US and Venezuela, which is a key exporter of oil to the US. Venezuelan lawyers are drafting a legal response to the US judge's decision. Reuters has more. From Caracas, El Nacional has local coverage.

[JURIST] President Bush granted pardons [JURIST backgrounder; Wikipedia backgrounder] to 14 people Wednesday, according to a list released by the US Justice Department [official website; DOJ Pardon Attorney website]. Among those pardoned was a mineworker union member who was convicted for bombing a West Virginia coal mine in 1990 following an extended strike. Bush, who has granted 58 pardons during his tenure, has pardoned far fewer people than his predecessors [JURIST clemency statistics]. Former President Bill Clinton granted 396 pardons, former President Ronald Reagan granted 393, and former President Jimmy Carter pardoned 534 people. Also, the majority of Bush's pardons have been for people convicted of lesser crimes who have already served their prison sentences. The DOJ has a news release on the pardons. AP has more.

[JURIST] FBI Director Robert Mueller [official profile] has said the US is still seeking to improve the extradition [Wikipedia backgrounder] of terror suspects from European governments. Mueller on Wednesday said more efficient measures were needed to increase the intelligence value of suspects and to bring justice to the victims of terror attacks. Mueller did not signal specific countries in his comments, although they appeared to be directed at the EU. Mueller was in Scotland to give a speech [transcript] to European law enforcement officials, in which he stressed increased cooperation among them. The US and EU most recently signed an extradition agreement [Guardian report] in June 2003, but European human rights activists have opposed the agreement as allowing extradition of suspects without sufficient evidence. Mueller pointed to the US and UK as an example of successful cooperation, although some UK trials have held up the extradition [JURIST report] of suspects to the US. The US and UK have a separate extradition treaty [text]. Read a CRS report [PDF text] for Congress on US-EU cooperation in law enforcement. The Financial Times has more.

[JURIST] International representatives and Kenyan President Mwai Kibaki [official profile] have called for a halt to violence that continued to escalate among rival groups over constitutional reforms [JURIST report] to be voted on in November [JURIST report]. A statement signed by 26 countries, including the US, Japan, Canada and the EU, called for a free and transparent reform process that maintained human rights in the country. US Ambassador to Kenya William Bellamy [official profile] called on all parties to adhere to regulations during the reform campaign. The constitutional reforms, the first since the country gained independence in 1963, have split the government and public in Kenya [JURIST news archive]. Violence most recently broke out in a Nairobi suburb, leaving several people injured after rival groups fought. From Kenya, the Standard has local coverage. AFP has more.

Previously in JURIST's Paper Chase...

• Kenya constitutional referendum set for November 21
• Debate over Kenya constitution draft intensifies
• Kenya releases final draft of new constitution

[JURIST] More than 1,100 political prisoners continue to be held by the military government in Myanmar [Wikipedia backgrounder], despite pledges by the government to release dissidents as part of democratic reforms, the UN Special Rapporteur to Myanmar Paulo Sergio Pinheiro [official website] reported Wednesday to the UN General Assembly [official website]. Pinheiro, who has been barred from the country since 2003 but said his report was based on independent sources, said the immediate release of the remaining prisoners would show the world that the government was serious about reforms. The government previously released several hundred prisoners [JURIST report], but many others, including Nobel laureate and opposition leader Aung San Suu Kyi [advocacy website; Wikipedia profile], remain in detention. US and British diplomats have said they will attempt to bring abuses in Myanmar to the UN Security Council agenda after previously being blocked by Russia. Reuters has more.

[JURIST] US Ambassador to the UN John Bolton [official profile] said Wednesday he opposed legislation [JURIST report] that would withhold US dues of more than $130 million until the UN adopted US-backed reforms. Bolton appeared before the US House International Relations Committee [official website], his first congressional appearance since his recess appointment [JURIST report] to the post after failing to win Senate confirmation. Bolton said the proposal to withhold funds, sponsored by Committee Chairman Henry Hyde [official profile] and pushed through the House [JURIST report] last June before stalling in the Senate [JURIST report] after Bush administration opposition, would limit the discretion of the executive by requiring the funds be withheld unless the conditions were met. Bolton made the appearance to brief Congress on the results of a UN summit [World Summit 2005 website] held earlier this month that fell short of its goal to implement major reforms [JURIST news archive], although an agreement [PDF text] was reached in several areas. The Committee has recorded video of the hearing. The Washington Post has more.

[JURIST] With Democratic Senators divided on Chief Justice nominee Judge John Roberts [Wikipedia profile; JURIST news archive], it appeared all but certain Wednesday that he would be confirmed as early as Thursday by a solidly bipartisan Senate vote. At least 76 senators - including 21 Democrats - have thusfar indicated they will support the 50-year-old Roberts, set to be the youngest chief justice on the Court since Chief Justice John Marshall [Oyez profile] took the center seat in 1801. At the same time, Democrats have warned President Bush that he should nominate a moderate to replace Justice Sandra Day O'Connor [Wikipedia profile]. Bush is expected to make that nomination [JURIST report] soon after Roberts is confirmed. The full Senate [official website] is scheduled to continue its week-long debate on Roberts' confirmation at 9:30 AM ET Thursday. Watch a live webcast of the session. AP has more.

[JURIST] A federal district judge Wednesday rejected a claim by former US Attorney General John Ashcroft [Wikipedia profile; JURIST news archive] that the government should be exempt from certain regulations during national emergencies and allowed the continuation of a lawsuit by two Muslim men who said they were abused after being arrested after the Sept. 11 attacks. In a 70-page opinion, US District Judge John Gleeson [official profile] said Ashcroft's argument had no statutory or constitutional basis. The lawsuit naming Ashcroft and other federal officials as defendants was filed by Egyptian Ehab Elmaghraby and Pakistani Javaid Iqbal, who allege that they were beaten, starved and violated with a flashlight while they were held in solitary confinement [New York Times report] at the federal detention center in Brooklyn following the terror attacks. Both men were deported after serving time for non-terror offenses, but they argued they were not allowed to appeal their placement in solitary confinement. In seeking to have the suit dismissed, Ashcroft argued that the government did not need to follow regulations allowing appeals due to the threat of terror attacks. AP has more. A number of reports by the US Department of Justice Inspector General, the most recent [JURIST report] in February 2005, flagged mistreatment of Arab and Muslim detainees held at the Brooklyn detention center after 9/11.

[JURIST] The US Securities and Exchange Commission [official website] has opened an official investigation into the finances of Senate Majority Leader Bill Frist [official profile]. Sources close to Frist said the SEC had authorized an investigation into Frist's sale of HCA Inc. [corporate website] stock in June, although the SEC has not yet publicly announced the investigation. A formal investigation gives the SEC greater powers, including authority to subpoena documents and witnesses to testify. Frist requested his stock in HCA, the nation's largest hospital chain founded by Frist's father and brother [HCA backgrounder], be sold in early June, only weeks before the company said its second-quarter earnings would not meet expectations. HCA stock prices fell by almost $5 following the announcement. Frist's brother, Thomas F. Frist, Jr. [official profile], serves as a director for HCA. The US Justice Department is also investigating Frist's stock sale, while both HCA and Frist said they intended to fully cooperate with the investigation. Several ethics groups, including Citizens for Responsibility and Ethics in Washington [advocacy website], also urged the Senate ethics committee to look into the matter [CREW news release]. Frist released a statement [text] regarding his finances on his website earlier this week. Bloomberg has more.

[JURIST] Two class action lawsuits accusing major US investment banks of price-fixing practices during initial public offerings of technology stocks during the late 1990s were reinstated Wednesday by the US Second Circuit Court of Appeals [official website]. The court wrote that the plaintiffs had alleged an "epic Wall Street conspiracy" on the part of Bear Stearns, Credit Suisse First Boston, Lehman Brothers, Morgan Stanley, Merrill Lynch and other banks to drive up prices of technology stocks from their issue prices and that a district judge had erred in dismissing the case on the basis of conflicts between antitrust and securities laws. The plaintiffs have also alleged that the banks used "tie-ins" to unload less valuable stocks by requiring investors to purchase them to have a shot at stocks in the highest demand. Judge William H. Pauley originally dismissed the class actions [JURIST report] in November 2003. AP has more.

[JURIST] Many Iraqis on Wednesday expressed outrage after Pfc. Lynndie England [JURIST news archive], notorious for her role in abuse of Iraqi prisoners at Abu Ghraib, was sentenced to three years [JURIST report] in prison on Tuesday. Some accused the US of having a double standard, arguing that the sentence would have been more severe if England had been accused of abusing Americans. England faced a maximum nine-year sentence after she was convicted [JURIST report] of abusing Iraqi prisoners, photos of which ignited a scandal over US military practices for interrogation and detention. England was the last of a group of soldiers charged in connection with events at Abu Ghraib [JURIST news archive]. Prosecutors had sought a four- to six-year sentence for England, who apologized for her actions [JURIST report] following her conviction. Reuters has more.

[JURIST] US Army investigators have not found sufficient evidence to charge any one for the release of graphic photos of Iraqi war casualties on the Internet, an Army spokesman said Wednesday. Although the Army Criminal Investigation Division [official website] is unlikely to file criminal charges, spokesman Paul Boyce said disciplinary action was possible under Article 134 [text] of the Uniform Code of Military Justice, which bars behavior that undermines order and discipline. The photos, which graphically showed the remains of Iraqis allegedly killed in US attacks, were anonymously posted, leaving the Pentagon concerned that the photos may have been released by US soldiers. News reports earlier this week suggested soldiers were trading the corpse pictures for access to online pornography. The Council on American-Islamic Relations [advocacy website] protested the photos [CAIR news release] in a letter to Secretary of Defense Donald Rumsfeld on Tuesday. AP has more.

[JURIST] The European Parliament [official website] Wednesday postponed a key vote on Turkey's potential membership in the bloc and also approved a resolution calling for Turkey [JURIST news archive] to recognize the Armenian genocide [Wikipedia backgrounder]. EU [JURIST news archive] legislators agreed by a 311-285 margin to delay ratification of a expanded Turkey-EU customs union out of frustration with Turkey's refusal to recognize Cyprus, part of the expanded union along nine other new EU members. The delay is not, however, expected to impact the start of negotiations over Turkey's potential membership in the EU [EU enlargement backgrounder] expected to start Oct. 3. The EU resolution on the Armenian genocide follows an expression of European displeasure [JURIST report] at a Turkish court's recent effort to block a conference on the post-1915 killings [JURIST report], which Turkey has traditionally claimed were not genocide. Turkish Prime Minister Recep Tayyip Erdogan said Turkey would ignore the resolution. The European Parliament has a news release on the session. AP has more.

[JURIST] In Wednesday's environmental law news, the Swiss delegation at the Conference of the Parties of the Rotterdam Convention, currently meeting in Rome, has called for the Secretariats of three international environmental conventions to be combined into one headquarters. The Rotterdam Convention [official website] is aimed at regulating the international trade of certain hazardous chemicals, the Stockholm Convention [official website] is focused on limiting the production and use of certain chemicals, and the Basel Convention [official website] is a comprehensive agreement on the movement and disposal of hazardous and other wastes. The proposal hopes to consolidate some of the administrative tasks of the Conventions to avoid duplication and improve efficiency. All three Conventions will need to approve the proposal. Swissinfo has more.

In other environmental law news...

• Greece's national railroad, the Hellenic Railways Organization [official website], has settled a case brought by its employees over the presence of asbestos found in some railcars used by the company on its Balkan routes. The workers have agreed to drop their injunction claim in exchange for a 7 percent pay hike. Kathimerini has more.
  
  
• The Philippines government has decided the Department of Environment and Natural Resources (DENR) [official website] will take over automobile emissions testing, according to DENR Secretary Mike Defensor [official profile]. The move will include the revocation of licenses of current privately owned emissions testing centers, with the goal of improving compliance under the Philippine Clean Air Act [text]. The Bohol Chronicle has more.

[JURIST] Four Iraq war protesters have claimed victory after they were acquitted on federal conspiracy charges and convicted on lesser trespassing charges in the first federal conspiracy trial of anti-war protestors [JURIST report] since the Vietnam War. The group, known as the St. Patrick's Four [advocacy website], were arrested after throwing blood on the walls of a Army recruitment office in 2003 outside Ithaca, NY to protest the war in Iraq. The protesters were charged in federal court after a state court prosecution ended in mistrial in 2004. The four were all acquitted of felony charges of conspiracy to force, intimidate and threaten federal officers, but all four were convicted of damage to property and trespass. The four called the trial a victory, even though they were convicted on lesser charges and were prevented from testifying on certain subjects throughout the trial. Sentencing is scheduled for January. The St. Patrick's Four have a news release on the outcome of the trial. The Ithaca Journal has local coverage. The New Standard has more.

[JURIST] A federal judge has ruled that a decision by the Arizona License Plate Commission [AZ DOT website] to reject "choose life" license plates supported by pro-life groups in the state did not violate the constitutional rights of the groups. District Judge Paul G. Rosenblatt held that the Commission's decision did not violate the free speech and equal protection rights of the Arizona Life Coalition [advocacy website], which had sought special license plates. The Arizona Life Coalition said it would appeal the ruling to the US 9th Circuit Court of Appeals. The Coalition had sought the plates under a state program [ALC backgrounder] allowing specialty license plates. Other courts around the country have previously ruled on the issuance of special license plates before. Last year, the US 4th Circuit Court of Appeals struck down anti-abortion plates [JURIST report] in South Carolina, while the US 5th Circuit Court of Appeals in April upheld similar plates [JURIST report] against a challenge in Louisiana. AP has more.

[JURIST] Dutch prosecutors have begun to try 250 of the almost 50,000 people fined for failure to produce valid identification since the country's ID law came into effect on January 1, 2005. The law, intended to stop terrorism and passed in the wake of the murder of outspoken filmmaker Theo Van Gogh [JURIST report] by an Islamic extremist, requires all Dutch citizens over the age of 14 to produce a passport, driver's license or national ID card at the demand of a police officer, or face a fine of 50 euros ($60). Dutch civil rights groups have criticized the legislation as infringing on civil liberties and being an ineffective protection against terrorism and crime in general. Similar concerns have been voiced elsewhere with regard to UK Home Secretary Charles Clarke's proposal [Guardian report] to require those in the EU with ID cards to also provide their fingerprints, and government plans in the US to speed travel through voluntary iris scans, finger printing and background checks. US federal identity legislation inserted in an emergency appropriations bill [JURIST report; Real ID Act JURIST news archive] in May of this year mandates that after 2008, anyone without an approved state ID issued under the act will not be permitted to travel by air or Amtrak, enter federal buildings, or open a bank account. Bloomberg has more.

[JURIST] Over seventy percent of Iranian MPs Wednesday supported a draft bill to suspend International Atomic Energy Agency (IAEA) [official website] inspections of the country's nuclear facilities until the UN watchdog acknowledges Iran's right to pursue nuclear technology. The move is in response to a recent IAEA resolution [PDF; JURIST report] declaring Iran in "non-compliance" with safeguards required by the nuclear Non-Proliferation Treaty (NPT) [text]. Currently, the IAEA inspects Iran's nuclear facilities under an Additional Protocol [IAEA report] to Iran's NPT safeguards agreement intended to improve international confidence in the country. According to parliamentary Speaker Gholam Ali Haddad-Adel, the voluntary nature of the agreement allows Iran to ignore its terms when necessary. Supreme National Security Council (SNSC) [official website] Secretary Ali Larijani said Tuesday the latest IAEA action lacked a legal foundation, called for a member-state review of the resolution, and stated that Iran's response would be based on the agency's statues and the NPT. To become law and suspend IAEA inspections, the draft bill must now be approved by the parliamentary energy, security and foreign policy commissions and the Guardian Council. IRNA and Radio Free Europe have more.

[JURIST] AP is reporting that a Texas grand jury has issued an indictment for US House Majority Leader Tom DeLay [official website]. Earlier this month, an indictment was issued [JURIST report] against a political action committee formed by DeLay and a Texas business group on charges relating to campaign contributions for DeLay's 2002 congressional campaign. Subsequently, two campaign group officials were charged [JURIST report] with violating Texas election law and criminal conspiracy to violate the election law.

12:49 PM ET - According to his lawyer, DeLay has been charged with criminal conspiracy along with John Colyandro, the former executive director of Texans for a Republican Majority [Wikipedia backgrounder], and Jim Ellis, the head of DeLay's national political committee. Under Texas state law the charge is a felony punishable by up to two years in prison. According to House Republican party rules, DeLay will be forced to temporarily step down from his leadership post. AP has more.

1:36 PM ET - The indictment [PDF text] is now available, via FindLaw.

2:53 PM ET - In a statement Wednesday, DeLay said that he has "done nothing wrong" and will be cleared of all allegations. AP has more.

[JURIST] In the wake of increased international pressure, a military court in Nepal has sentenced an army colonel and two captains to six months in jail for their involvement in the 2004 death of a 15-year old teenage girl accused of being a Maoist rebel. The court noted that Colonel Bobby Khatri and his men failed to follow proper procedure when interrogating the girl, and were ultimately responsible for her death. According to the human rights group Informal Sector Service Center [advocacy website], the ongoing battle between the government and Maoist rebels [SAAG backgrounder; HRW report] has resulted in the deaths of nearly 300 civilians at the hands of the police. Earlier this month, the UN Special Rapporteur on torture visited the nation and concluded that the use of "torture and ill-treatment is systematically practiced by the police" [UN press release; JURIST report]. AFP has more.

[JURIST] Torture, absence of the rule of law, violence against women and political persecution are among the laundry list of "egregious" human rights violations occurring in the Democratic People's Republic of Korea [official website], according to a new report from the United Nations. Vitit Muntarbhorn was appointed to the position of Special Rapporteur [UN press release] last year and tapped with investigating allegations of human rights violations in the nation. The 22-page report [PDF text] to the UN General Assembly outlines human rights violation accusations received from citizens, and Muntarbhorn has not been invited by the North Korean government to conduct an in-country visit. Among the critical challenges to be addressed in North Korea, Muntarbhorn lists the following:

the right to food and the right to life; the right to security of the person, humane treatment, non-discrimination and access to justice; the right to freedom of movement, asylum, and protection of persons linked with displacement; the right to the highest attainable standard of health and the right to education; the right to self-determination/political participation, access to information, freedom of expression/belief/opinion, association and religion; and the rights of specific persons/groups, including women and children.

[JURIST] US Army Sgt. Joshua R. Claus is expected to plead guilty to charges that he abused detainees in Afghanistan, at his military trial Wednesday. Last month, Claus, a military intelligence interrogator, was charged [JURIST report] with dereliction of duty and assault of two Afghan detainees in his custody at the Bagram Control Point [Global Security profile] in Afghanistan in 2002. The government alleges that Claus forced an unnamed detainee to roll across the floor and kiss another soldier's boots, forced water down the throat of another detainee, known as Dilawar [Wikipedia profile], and also tightly twisted a hood over the man's head. Dilawar later died from injuries he sustained at the hands of interrogators. Last week, military officials charged two more soldiers [JURIST report] in the ongoing investigation into abuse at the Afghan facility [Wikipedia backgrounder]. To date, 14 soldiers have been charged in the investigation, one has been convicted, and two acquitted. AP has more.

[JURIST] US Army Capt. Ian Fishback [NY Times report], who served as an anonymous source for a recent Human Rights Watch report on the alleged abuse of Iraqi detainees, said Tuesday that Army investigators tried to track down young soldiers reporting misconduct rather than following up accusations of abuse. Human Rights Watch (HRW) [advocacy website] issued a report [text] last week that members of the US Army's 82nd Airborne Division [official website] systematically tortured Iraqi prisoners in 2003 and 2004 at a military base near Fallujah [JURIST report]. Fishback said investigators from the Criminal Investigation Command and the 18th Airborne Corps inspector general had pressured him to reveal those who had reported the abuse that was revealed in the report. The abuse included beatings, exposure to extreme temperatures, sleep deprivation and stacking prisoners in human pyramids. Fishback had no luck getting higher-ranking officers to act on his complaints and so he brought his concerns [LA Times report] to aides of Rep. John W. Warner (R-VA) and Sen. John McCain (R-AZ), which according to Fishback, prompted the Army to start investigating the allegations. Fishback accuses his commanders of believing that they did not have to follow Geneva Conventions [ICRC backgrounder] with prisoners in Iraq. After the HRW report was released, Fishback was summoned for six hours of questioning by investigators. The allegations add to the already large number of allegations of prisoner abuse at Iraq's Abu Ghraib prison [JURIST news archive]. The New York Times has more.

[JURIST] Advocacy group Mental Disability Rights International (MDRI) [advocacy website], Wednesday released a report of human rights abuses [PDF text; PDF press release; video press release] revealing a high prevalence of torture and starvation in Turkey's psychiatric institutions. The results of MDRI's two-year investigation could further hinder Turkey's attempts to join the European Union [official website]. The report shows findings of routine abuse of electroconvulsive therapy said to breach European regulations and urges the EU to investigate further. The report surfaced prior to the planned formal EU accession process scheduled to begin Monday. Austria, France and Cyprus have expressed reservations about Turkey joining the EU while the UK is a strong supporter of Turkey's entry. Earlier this year, Turkey vowed to make progress on human rights reforms [JURIST report] in pursuit of EU membership. The EU has background on the enlargement process. The Guardian has more.

[JURIST] The Judicial Conference of the United States [official website], the policy making body for federal judges, and the American Bar Association (ABA) [group website] have sent a letter [PDF text] to US Senate Judiciary Chairman Sen. Arlen Specter (R-PA) opposing proposed legislation that would limit death penalty appeals. The proposed Streamlined Procedures Act [text], is designed to stop ongoing delays between convictions and executions in capital cases and is based on the premise that the restrictions on appeals passed by Congress in 1996 have proven to be inadequate. An earlier letter [PDF text] from the ABA to the Judiciary Committee highlighted concerns that the proposal could prevent federal courts from considering claims if a state court has found no constitutional error. The letter asserted that the effect of the bill would effectively demolish federal court review of habeas corpus [LectLaw definition] protections and demanded a hearing before the bill was passed. A hearing on the proposal is scheduled for Thursday. Wednesday's Los Angeles Times has more.

[JURIST] Texas Judge William L. Abbott ruled Tuesday that former anti-Castro CIA operative Luis Posada Carriles [Wikipedia profile] will not be deported to either Cuba or Venezuela where local officials want to prosecute him for alleged terrorist acts. US attorneys agreed that Posada should not be deported to Cuba, where he is accused of making numerous attempts to assassinate Cuban President Fidel Castro [Wikipedia profile]. Abbott relied on the Convention against Torture [text] in reaching his decision not to deport Posada to Venezuela. Venezuelan officials have requested that Posada be sent to Venezuela in order to face charges for his alleged role in a 1976 bombing of a Cuban airliner that killed 73 people. Posada escaped from a Venezuelan prison while awaiting trial, but his attorneys told the US immigration judge that Posada would likely be tortured if he were returned to Venezuela. Posada will remain in the custody of Immigration and Customs officials for up to 90 days and the Department of Homeland Security has not ruled out the possibility of deporting Posada to a third country that will agree not to turn him over to Cuba or Venezuela. Wednesday's Sun Sentinel has more.

Previously in JURIST's Paper Chase...

• Deportation hearing starts for former CIA operative
• US judge refuses bail for former CIA anti-Castro operative
• Venezuela officially asks for extradition of Cuban anti-Castro militant
• Venezuela may take US to international court over Cuban exile
• Venezuela gives US evidence on Cuban exile
• US refuses Venezuelan request to extradite Cuban bombing suspect
• Cuban anti-Castro militant charged for entering US illegally
• Cuban bombing suspect arrested in Miami

[JURIST] Scotland Yard [official website] announced Tuesday that anti-terrorist officers have arrested a suspect in connection with the failed July 21 London bomb attacks [JURIST report], which occurred just two weeks after the fatal July 7 London bombings [JURIST news archive]. Four other bombing suspects are in custody and ten other people have been charged with withholding information on other suspected July 21 bombers. One of the suspects, Ethiopian-born Hamdi Issac [Wikipedia profile], also known as Hussain Osman, appeared in court Friday after being apprehended and extradited from Italy where he fled after the attack. Charges against Issac [JURIST report] include conspiracy to commit murder, attempted murder and the possession of explosives. Issac was arrested under a European Union arrest warrant [EU backgrounder], a new device designed to speed the return of suspects to countries where they are wanted. AP has more.

[JURIST] Minority Shiites who make up about about ten percent of Saudi Arabia's population have petitioned King Abdullah [Wikipedia profile] for prisoner releases and equal opportunities a month after the new monarch in his first address to the nation [excerpts] pledged to "work for justice and serve all citizens without discrimination" [JURIST report]. The Shiites have complained about marginalization by the government and its links to Sunni religious conservatives who consider Shia beliefs to be heretical. Earlier this month, the King pledged to set up an independent human rights agency [JURIST report] to "protect human rights and spread awareness about them." Aljazeera has local coverage.

[JURIST] Wire services are reporting that a military jury at Fort Hood, Texas, has sentenced Pfc. Lynndie England [JURIST news archive] to three years in prison in connection with abuse of Iraq prisoners at Abu Ghraib. She was also given a dishonorable discharge. The sentence was substantially lighter than the nine years she faced under the full range of charges she was convicted on [JURIST report] Monday. Reuters has more.

[JURIST] An Egyptian court has adjourned the forgery trial of Ayman Nour [Wikipedia profile], the Egyptian opposition leader who was ordered to re-appear in court [JURIST report] earlier this week on charges connected to the submission of forged signatures [JURIST report]. The Cairo appeals court adjourned the case in response to a defense petition to move the case to another court on grounds that the original tribunal had impeded defense access to required evidentiary support. The court will rule on the request on October 8. AFP has more.

[JURIST] Antonio Guterres [Wikipedia backgrounder], the new UN High Commissioner for Refugees [official profile] and former Portuguese prime minister, said Tuesday that international awareness of internal refugee issues was increasing and that countries had started to act to set and fulfil obligations towards them. There are around twenty to twenty-five million internally displaced people (IDPs) [IDP watchdog website] worldwide, yet only nine million are recognized as "refugees" because they have crossed the border into another countries. Although border-crossing refugees are covered by the 1951 Convention on the Status of Refugees [text] which spells out the obligations of host countries and host agencies like the United Nations refugee agency [official UNHCR website], there is no legal equivalent outlining the rights of those who are displaced but remain within their own borders. There are general international guiding principles for the treatments of IDPs [GPID text], but Guterres said the UN was developing a new policy for this problem under which UN agencies and other humanitarian organizations would be given specific obligations to fulfil in the event of an IDP crisis. The UNHCR already handles some IDP situations on an ad hoc basis but the new policy would require the organization to manage camps, provide shelter and protect those in danger of persecution. The move reflects evolving international attitudes to sovereignty and mirrors recent UN General Assembly resolutions which emphasize that governments have a duty to protect their citizens. Guterres said that countries cannot refuse to act just because their refugees haven't crossed a frontier. Internally displaced persons from various regions in Africa and Asia have been in the news lately, and legal scholars and rights groups have pointed out that in the US the Hurricane Katrina evacuees qualify for IDP status and protections [JURIST report], despite the Bush administration's resistance to the suggestion. Reuters has more.

[JURIST] Pfc. Lynndie England [JURIST news archive] Tuesday apologized for posing for pictures with humiliated Iraqi prisoners, saying that she had been used by her then-boyfriend Spc. Charles Graner [JURIST news archive; after his own conviction in January for abusing prisoners Graner was demoted to Private]. As the sentencing phase of her trial following her Monday conviction on six of seven abuse-related charges [JURIST report] got under way at Fort Hood Texas, a military jury of officers also heard testimony from Stjepan Mestrovic, a sociology professor at Texas A&M University, that officers' failure to control guards at Abu Ghraibprison created a chaotic environment that allowed England to participate in the abuse. Graner later corroborated Mestrovic's testimony, saying he once severely beat a prisoner while intelligence personnel watched. Defense psychologist Xavier Amador added that England suffered from post-traumatic stress disorder [backgrounder] and was prone to depression. Her pre-existing psychological condition, combined with her romantic relationship with Graner, affected her ability to discern right from wrong. AP has more.

[JURIST] In Tuesday's environmental law news, the European Commission [official website] has approved a plan [EC press release, EC backgrounder] to add international airline flights to the European Union's carbon dioxide (CO2) emission trading scheme (ETS) [EU backgrounder]. The ETS sets an overall cap on CO2 emissions, and participating industries can buy and sell emission allowances as needed. Previously, domestic European flights were included, and the proposal is expected to draw criticism from foreign airlines that fly from the EU to other countries. From London, the Independent has more.

In other environmental law news...

• Malaysian Deputy Environment Minister Dato Sothinathan [official department website] has called on the Indonesian government to take steps to prevent wildfires which cloak nearby Malaysia and Singapore in smoke. The steps include ratifying a 2002 agreement aimed at preventing haze caused by wildfires, a burn ban during the dry season, and a crackdown on arsonists and irresponsible plantation owners. AP has more.

[JURIST] The Pentagon announced Tuesday that David Hicks [Wikipedia profile], the only Australian held at the US terror suspect detention camp at Guantanamo Bay [JURIST news archive], will go to trial before a special military commission on November 18, about a month later than earlier expected [JURIST report]. Hicks was captured in Afghanistan in 2001, and is accused of fighting alongside the Taliban militia against US-led forces. He faces charges [charge sheet, PDF] of conspiracy, attempted murder by an unprivileged belligerent and aiding the enemy. In July the US DC Circuit Court of Appeals, in the case of Hamdan v. Runsfeld, upheld the constitutionality of the military tribunals [JURIST report] under which Hicks will be tried. AFP has more.

[JURIST] The embattled chief of the New Orleans Police Department [official website] resigned his position Tuesday on the same day he announced the establishment of a special tribunal to contend with the nearly 250 New Orleans police officers who went missing from their posts [JURIST report] in the wake of Hurricane Katrina [JURIST news archive]. Police Superintendant Eddie Compass said a panel of four Assistant Police Chiefs would hear their cases, and those found to have deserted would have an opportunity to appeal. New Orleans Mayor Ray Nagin [Wikipedia profile] said that the New Orleans City Attorney would review the Police Department's plan to ensure it did not violate civil service regulations. Lieutenant Ray Banelli, president of the Police Association of New Orleans [official website] insisted that only a small fraction of police officers deserted their posts, while a vast majority were tending to legitimate family and safety concerns. Compass's resignation comes after weeks of criticism of the police department's response to the hurricane and the disorder that followed. Neither Compass nor Nagin has said whether Compass was pressured to resign. AP has more.

[JURIST] Leading Tuesday's states brief, the Washington Supreme Court [official website] heard oral arguments today on whether the 1.4% motor vehicle excise tax approved by voters in November 2002 for the financing of Seattle's Monorail Project [official website] is illegal. Currently, Seattle Mayor Greg Nickels [Mayor's press release] and the city council [Mayor's press release] have dropped support for the monorail, but a proposal for a shorter monorail line will be on the November ballot. Regardless of whether the project is developed or not, the tax will have to be in effect for two and a half years to cover existing debt. Opponents argue the tax is arbitrary because the cars are assessed at a higher value than Kelly Blue Book value. Washington's KOMO-TV has local coverage.

In other state legal news ...

• A Nebraska court of appeals ruled [PDF text] Tuesday that a 44-year-old woman could not sue for alleged sex abuse that occurred during her attendance at a parochial school in the 1970s because Nebraska's four year statute of limitations for such lawsuits begins to run for minors when they reach 21. The alleged 1970s abuse occurred when the woman was between the ages of ten and twelve. AP has more.
  
  
• Arkansas Attorney General Mike Beebe [official website] has certified a proposal authorizing gambling and lotteries in the state, and now Representative Charles Ormond [profile] may collect signatures in an attempt to place the proposal on the November 2006 ballot. The proposal would amend the Arkansas state constitution [text] to allow a statewide lottery and gambling in counties that authorize it. More than 80,000 signatures will be required to place the proposal on the ballot. This year the Legislature declined to refer the proposal to the ballot. The Arkansas News Bureau has local coverage.

[JURIST] The Mississippi Legislature [official website] convened for a special session Tuesday to begin work in the aftermath of Hurricane Katrina [JURIST news archive]. Gov. Haley Barbour [official profile] addressed lawmakers [AP report; full transcript] at the session and challenged them to help rebuild coastal areas devastated by Katrina. One of the most contentious aspects of the rebuilding effort is the legal question of whether formerly river-based casinos should be allowed to move to land in the state. Under the Mississippi Gaming Control Act [text], the state's 13 casinos are restricted to the Mississippi or the Gulf of Mexico, which left the lucrative barges helpless under winds and surges caused by the storm. Barbour proposed allowing casinos to build inland up to 1,500 feet, if facilities remained touching the water. Barbour also proposed other legislation to provide relief for schools and small businesses hit by the hurricane. The State of Mississippi has more on recovery efforts [relief website]. From Jackson, the Clarion Ledger has local coverage. AP has more.

[JURIST] The European Commission [official website] Tuesday withdrew 68 pieces of pending legislation [legislation withdrawn, PDF] as part of its initiative [EU backgrounder] to cut back on regulatory restrictions on EU businesses. A review committee led by EU Enterprise and Industry Commissioner Guenter Verheugen [official profile] reviewed 183 legislative proposals currently pending in the European Parliament. Some of the more notable measures to be cut included a weekend ban on truck traffic and certain food labeling requirements. European businesses previously expressed some skepticism [EU Observer report] about the initiative and argued that much of the legislation set to be cut would have been scrapped anyways. Instead, industry called on the European Commission to go farther in its efforts. The European Commission has a news release on the results. The Commission has said it will continue its efforts to simplify regulation by reviewing legislation [EU backgrounder] currently on the books. AP has more.

[JURIST] White House spokesperson Scott McClellan said [official transcript] Tuesday that President Bush is close to completing the process of picking the next Supreme Court nominee. According to McClellan, the President has met with 50 Senators, including all but one member of the US Senate Judiciary Committee [members roster]. He is currently expected to announce his choice to replace retirring Justice Sandra Day O'Connor [Wikipedia profile], shortly after the Senate votes on confirming Judge John Roberts, Jr. [Wikipedia profile; JURIST news archive] as Chief Justice on Thursday. AP has more.

[JURIST] The trial of 16 former Parmalat [corporate website; Wikipedia backgrounder] directors and executives, including the company's founder and former chairman Calisto Tanzi [OpenFacts profile; JURIST report], is set to open in Milan Wednesday, nearly two years after massive accounting fraud was uncovered at the Italian dairy giant. The 16 are accused of artificially boosting Parmalat's stock prices, misleading regulators and falsifying accounting information. Tanzi faces a maximum five-year prison sentence if convicted. Parmalat filed for bankruptcy in 2003 after revealing that a $5 billion bank account it claimed it held did not exist and that its debt had reached $18 billion. Prosecutors charged 27 people in the accounting scandal, and 11 pleaded guilty [JURIST report] in June. Prosecutors have also pursued accounting firms Deloitte & Touche and Grant Thornton and several banks, including UBS AG, Citigroup and Morgan Stanley for their alleged roles in the fraud. Prosecutors in Parma may also seek to bring more serious charges against the 16 to stand trial. AP has more.

[JURIST] In a televised interview Tuesday, Russian President Vladimir Putin [official website] stated he foresaw no major changes to the Russian Constitution [English translation] while he was in office. Putin's statement comes after proposed legislation [JURIST news report] that would have allowed Putin to serve as president after his second term concludes in 2008, if he were to step down before the conclusion of his current term and the 2008 election were declared invalid. Without the proposed legislation or a constitutional amendment, Putin is constitutionally barred from seeking a third term. Last year, Putin expressed his reluctance in amending the constitution [JURIST report] in order to restructure the Russian government. When asked Tuesday if he would call for a national referendum on the issue, Putin suggested that he would not, because any radical changes to the constitution would be inconsistent with the "long-term development" of the country. Putin's answer was a part of an almost three-hour interview [Russian transcript], in which he answered questions posed by pre-selected "representatives of the people." AP has more. MosNews has local coverage.

[JURIST] Belgian Foreign Minister Karel de Gucht has formally asked that Guy Theunis, a Belgian priest, be brought to Belgium to face trial for his alleged role in the Rwandan genocide [Wikipedia backgrounder; JURIST news archive]. Earlier this month, Theunis was the first foreigner to be brought before community gacaca courts for crimes relating to the 1994 genocide. His case was subsequently referred to a higher court that has authority to impose the death penalty for genocide crimes, which then charged Theunis with inciting and planning genocide [JURIST report]. Under de Gucht's proposal, a Belgian judge would investigate the charges before deciding whether to prosecute Theunis. Rwanda's foreign minister has said that the country will consider Belgium's request but said that Rwanda would need guarantees about how the investigation would be carried out. BBC News has more.

[JURIST] Missouri Judge Charles Atwell [official profile] has issued a further temporary restraining order against Missouri's abortion law [SB 1 text], the second TRO to be issued since the law was signed eleven days ago. Atwell said a provision allowing parents to sue people who helped their minor daughters get abortions without their consent would unconstitutionally restrict the right to free speech [LII backgrounder] of abortion-provider Planned Parenthood [advocacy website]. Earlier this month, a federal judge reached essentially the same finding and also issued a temporary restraining order [JURIST report]. The federal court, however, also struck down the law's provision which affected the clinical privileges of physicians who perform abortions. AP has more.

[JURIST] The European Parliament [official website] Tuesday Tuesday a joint proposal by several EU governments to retain phone and e-mail data [JURIST report] for up to three years for use in anti-terror investigations. The parliament said the proposal from Britain, France, Sweden and Ireland that was introduced last year and pressed in the wake of the London bombings [JURIST report] in July did not establish the need for such strict EU-wide rules and expressed concern that the plans could violate citizens' privacy rights [EP press release]. The EU will instead focus on a European Commission [official website] counterproposal [press release] featuring a shorter retention periods - one year for phone records and six months for e-mail records. AP has more.

[JURIST] Influential Shiite cleric Grand Ayatollah Ali al-Sistani [official website] has denied reports that he will issue a fatwa [JURIST report], or religious edict, telling Shiite Muslims to vote "yes" in the upcoming referendum on the Iraqi constitution [English translation; JURIST news archive]. Rather, Al-Sistani said in a statement reported by the Pentagon-backed Iraqi TV channel al-Iraqiya [media website] that he only intended to invite "voters to vote, yes," but did not intend to order Shiites to vote 'yes' in favor of constitution. The fatwa, al-Sistani insisted, was only instructing Iraq's Shiites that it was their religious duty to vote in the country's landmark elections scheduled for October 15. AKI has more.

[JURIST] Four merchant groups have filed an antitrust lawsuit against Visa [corporate website], Mastercard [corporate website], and dozens of major banks, over interchange fees, which retailers pay to issuing banks to receive payment for transactions involving the banks' cards. The fees, says Hank Armor of the National Association of Convenience Stores (NACS) [group website], serve "as a hidden tax, both on merchants and consumers, and raises costs of all products." The plaintiffs, NACS, the National Association of Chain Drug Stores [group website], the National Community Pharmacists Association [group website] and the National Cooperative Grocers Association [group website], represent the operators of over 138,000 convenience stores, 60,000 pharmacies and 120 cooperative groceries. The defendants include Bank of America, Citigroup and JPMorgan Chase, among the largest US credit card issuers. Representatives from Visa called the fees a "fair mechanism for fueling growth and sharing system costs," while Mastercard issued a statement chiding the plaintiffs' suit as "another example of merchants wanting the benefits of accepting payment cards without having to pay for the value of the services they receive." Reuters has more.

[JURIST] The rate of illegal immigration into the United States has increased despite tighter security measures in place since the September 11 terror attacks, but only at a pace that parallels the rate of economic growth, according to a report [PDF text] released Tuesday. The report from the Pew Hispanic Center [organization website], a nonpartisan research organization, found that the implementation of tighter security measures [JURIST report] has created processing backlogs and delays that have hindered legal immigration [JURIST news archive], while the lure of high-paying jobs has continued to attract both legal and illegal immigrants into the United States [US CIS guide]. Tighter security measures, however, have led to an overall decrease in the level of legal immigration into the US. The report comes one month after the governors of New Mexico and Arizona declared states of emergency in order to free up money to combat illegal immigration. Four California lawmakers also announced last month their intent to introduce legislation [JURIST report] that would declare a state of emergency to deal with illegal immigration from Mexico. AP has more.

[JURIST] The US Supreme Court [official website] granted certiorari Tuesday in several cases, including a review of how states use tax incentives to attract companies that will create jobs in their regions. In DaimlerChrysler Corp. v. Cuno, the Court will consider an appeal of ruling [PDF text] from the Sixth Circuit that Ohio's investment tax credit program is unconstitutional. AP has more. Also among the cases the Court agreed to hear is Vermont Republican State Committee v. Sorrell, where the Court has been asked to overturn [JURIST report] a federal appeals court ruling that upheld Vermont's 1998 campaign finance law limiting spending in all state races. AP has more. Read the Court's full Order List [PDF].

[JURIST] Two-thirds of the $1 billion distributed to US companies from 2001 to 2004 under the Continued Dumping and Subsidy Offset Act (CDSOA) [text], otherwise known as the Byrd Amendment, went to only three industries - ball bearings, candles and steel - according to a Government Accountability Office report [PDF text] released Monday. The law allows US companies who have successfully alleged unfair pricing claims against foreign competitors to get the benefit of higher penalty tariffs placed on competitors, as well as receiving the actual proceeds from the tariff. The World Trade Organization has held the law to be a violation of global trade rules [JURIST report] and has authorized certain countries to impose up to $134 million in retaliatory tariffs [JURIST report] on a wide range of US exports. Chairman of the House Ways and Means Committee Bill Thomas said the law "has provided windfall subsidies to a handful of large corporations while other US companies have paid the price." However, the law is unlikely to be repealed [JURIST report] because it has strong support in Congress. AP has more.

[JURIST] Television and newspaper reports of widespread crime and violence in the days following Hurricane Katrina [JURIST news archive] are proving to be largely unsupported or exaggerated, according to recent reports by journalists and officials. The New Orleans Times-Picayune reported Monday that news stories of rapes, murders, sniper attacks and body counts after the hurricane have not been substantiated; only four homicides in New Orleans have been confirmed since Katrina, a number that is consistent with the city's average 200 murders per year. Even atrocities detailed by public officials are proving to be unsubstantiated by the evidence. In interviews, Police Chief Eddie Compass reported rapes of babies and Mayor Ray Nagin mentioned hundreds of armed gang members killing and raping people inside the Superdome. Compass later said the rumors damaged authorities' ability to respond to the devastation by misdirecting scarce resources. A Times-Picayune editor blamed the false reports on lack of communication due to downed phone lines and rampant rumor spreading among the city's stranded residents. The Los Angeles Times has more.

[JURIST] Leading Tuesday's international brief, China's Supreme Peoples' Court [official website] regained the power to review death sentences on Tuesday, after nearly six months of intense criticism of the old process, which allowed regional courts to review death sentences. Chinese media highlighted nearly a dozen cases over the last six months of miscarriages of justice, including two sensational cases where the alleged murder victims later turned up alive, one after the execution of her 'murderer.' The Supreme Peoples' Court will create three criminal trial courts to review all death sentences in the nation. China executed an estimated 3,400 individuals in 2004, more than all other nations put together. JURIST's Paper Chase has continuing coverage of China [JURIST news archive]. BBC News has more.

In other international legal news ...

• The European Parliament [official website] is hearing final speeches on the proposed Common Asylum Standard Directive [EU asylum backgrounder] and is expected to vote late Tuesday or early Wednesday on the plan designed to prevent 'asylum shopping' in Europe. Currently, EU member nations all have individualized asylum policies, leading to some nations being perceived as having 'easier' entry standards than others, resulting in asylum seekers avoiding countries known to have difficult asylum laws and concentrating on others. The Common Asylum Standard Directive would normalize all refugee and asylum laws throughout the EU, with a stated goal of distributing the load of asylum seekers evenly across the EU member nations. The Directive, already heavily amended, also includes provisions on fingerprinting applicants to determine if they've applied elsewhere before, and will also remove the practice of having designated "safe" countries outside the EU that EU nations can deport failed applicants to without violating the European Convention on Human Rights [official text]. JURIST's Paper Chase has continuing coverage of the European Union [JURIST news archive]. BBC News has local coverage.
  
  
• Following the filing of a civil case against the Nepal government one and a half years ago, the Nepal Supreme Court [official website] has ordered the Nepalese Ministry of Women, Children and Social Welfare to take all necessary steps to abolish the cultural practice of "Chhaupadi" [Wikipedia backgrounder] and to ensure that it is branded as an 'evil practice' throughout Nepal. The cultural custom was declared by the court on Monday to be significantly discriminatory towards women and a violation of the equal rights that women enjoy under the Nepal Constitution [official text]. The Nepalese Ministries of Health and Local Development have been tasked with studying the effects of the chhaupadi system and educating the populace about its impact on women. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Nepalnews has local coverage.

[JURIST] A woman who was ordered by a British court to destroy frozen embryos produced with her former partner is taking her case to the European Court of Human Rights [official website] Tuesday, claiming the refusal to allow her to implant the embryos is a breach of the European Convention on Human Rights [PDF text], which protects the "right to family life," and violates discrimination laws by allowing one partner to make the final decision. Natallie Evans and her former partner Howard Johnston created the six embryos in 2001 after Evans was diagnosed with ovarian cancer and began treatment which would make her infertile. When the couple split up, Johnston revoked his consent for use of the embryos. The Human Fertilisation and Embryology Act [text] requires consent of both partners at all stages of the IVF process. Evans has exhausted her UK legal options; an appeals court dismissed her claim [JURIST report] last year and the UK's highest court has refused to consider the case. This is the first fertility treatment case to be considered by the human rights court. A decision is not expected until early 2006. The Guardian has more.

[JURIST] Egyptian Prime Minister Ahmed Nazif [Wikipedia profile] told newly-appointed US Undersecretary of State for Public Diplomacy Karen Hughes Monday that his government plans to lift the state of emergency [EOHR backgrounder] that has been in place in the country for 24 years. Nazif told Hughes that the process would "take some time because it involves legal and constitutional challenges" but said that his government was committed to lifting the restrictive law. Newly re-elected [JURIST report] Egyptian President Honsi Mubarak [official profile] and other candidates made campaign promises to end the state of emergency [JURIST report], which he imposed in October 1981 following the assassination of his predecessor Anwar Sadat [Wikipedia profile]. Mubarak promised to replace the state of emergency with laws that place fewer restrictions on civil liberties. Hughes, a longtime Bush advisor, was on a tour of Egypt [JURIST news archive] as part of a plan to improve the image of America in the Arab world. AFP has more.

[JURIST] New Jersey Attorney General Peter C. Harvey filed lawsuits Monday against Hess [corporate website; PDF complaint], Shell [corporate website; PDF complaint], and Sunoco [corporate website; PDF complaint], alleging that the oil and gas giants and several independent gas-station owners illegally hiked prices in the days surrounding Hurricane Katrina [JURIST news archive]. The separate suits, believed to be the first civil actions in the US responding to recent rising gasoline prices, allege [NJ AG press release] that the companies violated New Jersey's Motor Fuels Act [text] and Consumer Fraud Act [text] by failing to display sale prices and making multiple price increases within a 24-hour period. The defendants are also charged with failure to maintain books and records, failure to provide access to books and records to regulators, engaging in unconscionable commercial practices and violating advertising regulations. The cases arose after widespread complaints from motorists that some dealers were raising gas prices several times a day. The state will also sue several independently-owned Citgo [corporate website] stations. Violations of the Consumer Fraud Act, which include unconscionable commercial practices and false or misleading advertising, carry a penalty of up to $10,000 for a first offense and up to $20,000 for subsequent offenses. Violations of the Motor Fuels Act carry a $50 to $200 penalty. Harvey said the state is taking a hard-line approach because consumers are at the mercy of gasoline suppliers and retailers. The Newark Star Ledger has more.

[JURIST] Australian state and territory leaders Tuesday agreed to strict new anti-terror measures [official news release] proposed by the federal government of Prime Minister John Howard [official profile] which include detaining terror suspects for up to 48 hours without charge and using electronic tracking devices to keep tabs on suspects. There was also agreement Tuesday to tighten citizenship laws to make new immigrants wait three years rather than two before eligibility. The new measures, originally proposed in the aftermath of the London bombings [JURIST news archive], have drawn widespread criticism [ABC report] from Australian rights groups, and moderate Australian Muslims have called the proposed laws unfair [IslamOnline report], saying they could contribute to the development of a fascist state. The country's National Counter-Terrorism Committee [official website] will now draft amendments to Australia's Criminal Code to reflect Tuesday's agreement. Australia's ABC News has local coverage. Reuters has more. The Australian government provides background material and advice on Australian national security [official website].

Previously in JURIST's Paper Chase...

• Australian PM rejects claim that new terror laws target Muslims
• Australia reconsiders stripping citizenship in proposed terror laws
• Australian rights group says terror proposal could violate international obligations
• Australian lawyers group opposes proposed terror laws as 'draconian'
• Australia announces proposed tightening of anti-terror laws
• Australian PM considers tougher anti-terror laws, plans terror summit

[JURIST] US District Judge Jed. S. Rakoff Monday denied government claims that he was interfering with the president's constitutional authority to wage war when he ordered that Guantanamo Bay [JURIST news archive] detainees [AP detainee list] be asked if they want their names to be publicized. The government objected to this procedure last month when Judge Rakoff first ordered the Defense Department to ask permission from the detainees before making their names public. In April, the Associated Press filed suit [AP report] asking for transcripts of 558 tribunals to give detainees the opportunity to challenge their incarceration at Gitmo. The government released the required documents [JURIST report] but redacted information on the identity of each detainee, and the government had argued that the identities of the Gitmo detainees should be kept secret for privacy reasons. Later the government then argued that questioning the detainees encroached on the relationship between the military and enemy combatants. Rakoff rejected this argument outright Monday, giving the government until October 14 to question the detainees and until October 28 to summarize the responses to the court. AP has more.

[JURIST] A New York court Monday commenced proceedings in the civil trial arising out of the 1993 truck bombing of the World Trade Center [Wikipedia backgrounder]. The court will need to determine whether the Port Authority of New York and New Jersey [official website] is liable for their failure to act on several warnings that the World Trade Center was vulnerable to attack before Islamic militants exploded a truck bomb in an underground parking garage in 1993, killing six and injuring more than a thousand. The plaintiffs argue that the underground parking garage was left unguarded even when presidential limousines and the Secret Service's ammunition were stored there and that security assessments made by the Port Authority predicted the attack. In response, the Port Authority claims that it received no specific threat or intelligence report to anticipate the blast. If the Port Authority is deemed liable, this could open up the floodgates for separate suits from hundreds of victims and business owners. Reuters has more. Islamic militant Ramzi Yousef was found guilty in 1997 of masterminding the 1993 WTC attack.

[JURIST] Gun control advocates are set to start an intensive media campaign to alert travelers about a new Florida law that allows people to respond to threats by using guns at home or in public [JURIST report; SB 436 text]. The NRA-supported "force with force" or (to opponents) "shoot first" law formally takes effect Saturday. Peter Hamm of the Brady Campaign to Prevent Gun Violence [advocacy website] says the new law poses a risk for tourists coming into Florida because they are unaware that this new law exists, hypothesizing that a simple road rage dispute could end up in the death of a tourist. Michigan gun-control advocates have been campaigning to prevent a similar "force with force" bill [JURIST report] being passed in their state. The South Florida Sun-Sentinel has local coverage.

[JURIST] Egyptian judges Monday ordered opposition leader and recent presidential candidate Ayman Nour [Wikipedia profile] to appear in court again Tuesday to answer charges connected to the submission of forged signatures [JURIST report] when his party applied for official recognition last year. Nour's wife and spokesperson, Gameela Ismail, suggested that the timing of the trial session deliberately coincided with the parliamentary swearing-in ceremony of Egyptian President Hosni Mubarak [official profile]. Nour recently claimed fraud in the election vote count [JURIST report] after Mubarak claimed a landslide victory [JURIST report] in the multi-candidate poll earlier this month. In Monday's court session, Nour's lawyers asked for a new panel of judges, claiming bias with the current members of the panel. The court will decide how to respond to Nour's request Tuesday. If Nour is convicted, he could be imprisoned for up to ten years. Reuters has more.

[JURIST] UN human rights officials have accused the government of Togo [JURIST news archive] of using over-zealous force at the time of the heavily disputed April presidential elections [JURIST report], saying that government security and armed forces killed 400-500 people and wounded thousands more. A report [accompanying press release] released Monday by the Office of the United Nations High Commissioner for Human Rights (OHCHR) [official website] concluded that the primary blame for the violence belonged to the government. Togo's long-time President Gnassingbe Eyadema died in February 2005; the army's installation of his son as leader precipitated a political crisis [JURIST report] which forced the elections. Human rights and forensic experts sent to Togo in June found evidence of torture, rape, sexual violence and widespread inhumane treatment of the Togo people. The Togolese government has not commented on the report. Voice of America has more.

[JURIST] In Monday's environmental law news, the Virginia Department of Environmental Quality [official website] has announced a proposed settlement with Colonna's Shipyard Inc. [corporate website] for polluting the Elizabeth River. Colonnas has agreed to pay a $40,000 fine for mistakenly flushing thousands of gallons of wastewater contaminated with tributyltin [EPA factpage] into the river. Tributyltin is a paint additive used to control barnacles and other nuisance growth on ship hulls. The Virginia State Water Control Board [official website] will consider the settlement later this week. AP has more.

In other environmental law news...

• Chong Wa Dae [official website], the office of the South Korea President, announced Sunday it will tighten up the government inspection system for imported foods to ensure public safety. The Ministry of Agriculture and Forestry [official website] has said it will create a task force to monitor the illegal distribution and sale of agricultural imports. The moves were prompted by a study released over the weekend that found unusually high levels of lead in kimchi imported from China. In response, Chinese trade officials Monday called for the countries to establish a set of joint food safety guidelines. The Korea Times has more.
  
  
• India's West Bengal State Environment Department [official website] Minister Manab Mukherjee has announced requirements for the prevention and management of chemical accidents. The requirements include mandatory accident notification, the creation of on-site and off-site emergency plans, and safety measures for the transportation of hazardous chemicals. PTI has more.

[JURIST] Joseph Serugendo, the former Technical Chief of Rwanda's Radio Télévision Libre des Milles Collines (RTLM) [Wikipedia backgrounder], nicknamed “Radio Machete” for inciting its listeners to commit murder, has been transferred to a United Nations detention facility in Tanzania [UN report; International Criminal Tribunal for Rwanda (ICTR) press release] after being arrested in Gabon last Friday. Serugendo has been charged with five charges including genocide and conspiracy to commit genocide in connection with the 1994 genocide in Rwanda [JURIST news archive]. The ICTR [official website] hopes to bring 65-70 criminals accused of committing genocide and other crimes against humanity to justice by 2008, a trial termination date set by the UN Security Council [official website; ICTR status report, PDF]. Twenty-two people have been convicted so far, three acquitted. Twenty-five others are currently on trial, including a former prime minister and 11 government ministers. UN News has more.

[JURIST] Leading Monday's international brief, UN Special Representative on the Prevention of Genocide Juan Mendez [UN appointment profile] has slammed the domestic war crimes court [JURIST report] set up in Sudan [government website] earlier this year, saying it has failed to deal with "the major crimes committed during the conflict." Mendez said that the reports about the court received by the UN pointed towards a continued attitude of impunity for upper level government officials that would otherwise be implicated in atrocities in the counrty's Darfur region. The domestic Sudanese court was set up as a response to UN Resolution 1593 [JURIST report], which authorized the International Criminal Court [official website] to conduct an investigation into the situation in Darfur. The Sudanese government has repeatedly stated that it will not allow judicial proceedings against any of its citizens by any foreign court. The US and many major NGOs have categorized the situation in Darfur as genocide, and have called on the UN to take steps to prevent any further violence in the region. The UN currently has a large peacekeeping force in the area as part of the peace accords between the now-autonomous Southern Sudan and the Khartoum government. JURIST's Paper Chase has continuing coverage of Darfur [JURIST news archive]. The Sudan Tribune has local coverage.

In other international legal news...

• The Zimbabwe white farmers' advocacy group Justice for Agricultural Trust [advocacy profile] (JAG) announced Monday that it has finished work on documents necessary to bring Zimbabwean President Robert Mugabe [Wikipedia profile] and his new policies under the Constitution of Zimbabwe Amendment (No 17) Act [JURIST report] before the African Commission on Human and People’s Rights [official website] (ACHPR). The recent amendment to the Zimbabwean Constitution [official text] allows the President to cancel private title to farm land deemed to be necessary for the maintenance of the state. The Act was used for the first time last week to deny over 4,000 white farmers title to their farm land; it also prohibits individuals from filing an appeal on the eviction notice in court, and prohibits courts from hearing the cases. JAG has declined to say when it will initiate proceedings, but has stressed that they view the case as an essential test of the relatively new Commission. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. ZimOnline has local coverage.
  
  
• Nepalese human rights lawyer Nanda Raj Acharya filed a suit on Monday against senior Nepalese government [official website] officials for their involvement in the re-arrest of Maoist student activist Krishna KC. KC was arrested two years ago in Kahtmandu and has been continuously detained since then until last Thursday, when the Nepal Supreme Court [judicial website] ordered his release. Acharya's suit alleges government abuse of civil rights based on KC's re-arrest on the same day as his court-ordered release. The suit seeks to secure the release of KC and the prevention of any further re-arrests. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Kantipur Online has local coverage.

[JURIST] Leading Monday's states brief, Connecticut has became the first state to challenge the new federal Energy Policy Act [JURIST report], allowing the developers of power projects to appeal directly to the federal government when state officials deny or delay permits. Attorney General Richard Blumenthal [AG press release] filed a motion to dismiss a federal petition filed by the backers of the proposed Islander East Pipeline Project [website], saying the law undermines states' environmental autonomy and violates the 11th Amendment of the US Constitution, which provides states with immunity from lawsuits by private parties. The state Department of Environmental Protection denied Islander East Pipeline's water quality permit in 2004 and the issue has been tied up in state courts and regulatory agencies since. AP has more.

In other state legal news ...

• The Pennsylvania state troopers union Monday filed suit in state court, alleging that the outsourcing of background checks for both gambling companies and vendors that supply slots parlors violates the 2004 state law [text] legalizing slot machines because that law gives state police the authority to conduct all background checks. The union also argued that allowing the state Gaming Control Board [official website] oversight of what groups conduct background checks is a violation of separation of powers. Last month the board authorized negotiations for no-bid contracts with three firms and sought other firms through competitive bidding. AP has more.

[JURIST] Oregon Circuit Judge Joseph Guimond heard oral arguments Monday in the latest case to challenge the constitutionality of Measure 36 [text], a constitutional ban on same-sex marriage [JURIST news archive] approved by Oregon voters on November 2, 2004. Representing Basic Rights Oregon [advocacy website; case factsheet, PDF], Portland lawyer Mark Johnson argued that Measure 36 revised rather than amended the Oregon Constitution [text] and the amendment was invalid because it made several constitutional changes which under the constitution require separate amendments. For the state, assistant attorney general Charles Fletcher contended that the Measure was a straightforward, one-sentence provision that really clarified the already existing standard that the only valid marriage recognized by Oregon state or local governments in Oregon is one between a man and a woman. AP has more.

[JURIST] AP is reporting that Pfc. Lynndie England [JURIST news archive] has been convicted on six of seven counts in court-martial proceedings for her role in the Abu Ghraib prisoner abuse scandal [JURIST news archive].

4:35 PM ET - After some two hours of deliberation the military jury of five officers found England guilty of one count of conspiracy, four counts of maltreating detainees and one count of committing an indecent act. It acquitted her of another conspiracy count. The court-martial now moves to sentencing, where England faces up to 10 years in prison. AP has more. AP also offers a review of all nine US Army reservists - none above the rank of sergeant - who have go far been convicted of Abu Ghraib-related abuse

[JURIST] Anti-war protestor and Gold Star Mother [Wikipedia backgrounder] Cindy Sheehan [Wikipedia profile] was arrested Monday while protesting outside the White House. Sheehan and dozens of other Iraq war protesters were taken into custody by police after they were warned three times that they were breaking the law by sitting on the sidewalk on Pennsylvania Avenue and failing to keep moving. The White House demonstration, billed as "non-violent direct action" [UPJ action alert] was organized at the end of three-day Wasshington campaign by United for Peace and Justice [advocacy website], a group urging members of Congress to work to end the war in Iraq and bring home the troops. A massive rally Saturday on the National Mall drew at least 100,000 protestors and is widely said to have been the largest anti-war protest in the US capital since Vietnam. AP has more.

[JURIST] Croatian journalist Marijan Krizic pleaded not guilty Monday before the International Criminal Tribunal for the former Yugoslavia to charges that he revealed the identity of a protected witness in the Tihomir Blaskic case [ICTY factsheet] earlier this year. Krizic and fellow journalist Josip Jovic were charged with contempt under Rule 77 [text] of the court's Rules of Procedure and Evidence [text] after the witness's name appeared in their Croatian newspapers Hrvatsko Slovo [media website] and Slobodna Dalmacija [media website]. Jovic did not appear in court Monday; his lawyer instead filed a motion with the court to request postponement of appearance so that he may "use all legal means at his disposal to see if there is any reason for him to cooperate with the tribunal". If convicted, both men face a maximum sentence of seven years in prison. Reuters has more.

[JURIST] Italian Prime Minister Silvio Berlusconi [official profile] was acquitted of false accounting charges by an Italian court Monday. Prosecutors had charged the leader and media empire mogul with numerous counts of false accounting, including false bookkeeping charges, in connection to his alleged involvement in a plot to illegally move money from his media holding company, All Iberian, to fund the Socialist Party of former Italian Premier Bettino Craxi [BBC profile]. The court found that Berlusconi could not be charged with the crimes under Italian law because of changes made 2001 that decriminalized some false accounting crimes. In May, the European Court of Justice ruled [JURIST report] that EU law could not overrule Italian law in the matter. Berlusconi has been tried in several corruption cases, and has always maintained his innocence, arguing that all charges have been politically motivated. Reuters has more.

[JURIST] The Bush administration has asked the US Supreme Court to reinstate a legislative ban on late-term "partial birth" abortions, appealing a July ruling by the US Eighth Circuit Court of Appeals in St. Louis that upheld [JURIST report] a Nebraska federal district court ruling [JURIST report] finding the federal Partial Birth Abortion Ban Act [PDF text] unconstitutional because it lacks an exception for the health of the mother. The appeal in Carhart v. Gonzalez [PDF text] was filed Friday and released Monday. The "partial birth" abortion case has been a contentious two-year legal battle, but it is as yet unclear if the Supreme Court will take the latest appeal. It has already scheduled arguments in November in another abortion case involving New Hampshire's parental notification statute [text]. AP has more.

[JURIST] Prosecutors wrapped up closing arguments Monday in the Abu Ghraib prison abuse [JURIST news archive] case involving Pfc. Lynndie England [Wikipedia profile; JURIST news archive] by describing her as a willing participant in the scandal while defense attorneys portrayed her as impressionable and easily influenced by a manipulative boyfriend. England faces a prison sentence of up 11 years if convicted on all seven abuse counts, which include posing for photographs with Iraqis who were forced to masturbate and holding a leash attached to the neck of a naked detainee. Her ex-boyfriend Army Spc. Charles Graner Jr. [Wikipedia profile] was sentenced to 10 years in prison [JURIST report] in January for his role in the abuses. A jury of five Army officers is set to begin deliberations Monday afternoon. AP has more.

Previously in JURIST's Paper Chase...

• England defense blames obedience dysfunction for Abu Ghraib conduct
• Jailed Abu Ghraib abuse leader testifies in Lynndie England court-martial
• Judge seals photos in Lynndie England court-martial
• Lynndie England to fight Abu Ghraib abuse charges in new trial

[JURIST] The International Crisis Group (ICG) [advocacy site] of conflict monitors Monday criticized Iraq's constitutional process for deepening the country's political fractures and expediting Iraq's violent break up. A new ICG report [PDF text; press release] noted that the draft Iraqi constitution [English translation; JURIST news archive] to be put to a referendum October 15 reflects Shiite and Kurdish influence, but not significant Sunni input. The group said that the fifteen Sunni Arabs added to the drafting committee [official website] in an effort at inclusiveness were increasingly marginalized after the August 1 decision [JURIST report] against a six-month extension of the drafting deadline. The ICG admits it is too late to renegotiate but has called for the US to sponsor efforts to reach a political agreement prior to October 15 on steps the parties would commit to take after December elections. In June the ICG warned that the interim Transitional Administrative Law had set an unrealistic deadline [JURIST report] for the drafting of the country's permanent charter. Reuters has more.

[JURIST] In addition to the conviction and sentencing [JURIST report] of al Qaeda cell leader Immad Yarkas [BBC profile], the head of al Qaeda in Spain, the Spanish High Court Monday also sentenced [PDF verdict, 447 pages] 17 other men to jail terms varying from 6 to 11 years and freed the remaining six defendants in Europe's largest trial of those suspected of involvement in the September 11 attacks. Among the 24 men accused of having links to the terrorist organization was Syrian-born Aljazeera reporter Tayssir Alluni [Aljazeera report] who interviewed Osama bin Laden weeks after the September 11 attacks. Alluni maintained his innocence throughout, as did all of the defendants, and argued that he was simply a journalist performing his duties. AFP has more. From Madrid, El Mundo has local coverage.

[JURIST] Ten foreign nationals arrested in Britain after the July 7 suicide bombings in London are appealing their potential deportation to their home countries to Britain's Special Immigration Appeals Commission (SIAC) [official website], saying that they have no connection to the London bombings [JURIST news archive]. Human rights groups are also calling for deportation proceedings to be stopped, saying that British agreements with the detainee's home countries that they will not be tortured upon their return are insufficient guarantees of their right under the UK Human Rights Act [text] not to be deported to any country where they may be subject to persecution. BBC News has more. The detainees are also at the center of the first terror case to come before the UK's highest court since the July bombings. Next month, seven law lords will consider whether evidence extracted by torture abroad should be admissible in British courts. Last year, an appeals court ruled that the SIAC could consider evidence [JURIST report] obtained by interrogations in foreign countries, even if obtained by torture, as long as Britain did not take part in the torture and did not condone it. The upcoming case is seen as a test of whether judges will interfere with the government's anti-terror policies. The Guardian has more.

[JURIST] Australian Prime Minister John Howard [official profile] rejected allegations Monday that Muslims were being targeted by new proposed anti-terrorism laws [JURIST report], saying that the laws were necessary to "protect the Australian community at a time of unprecedented and different threat." Zachariah Matthews, a moderate Islamic leader and head of Mission Islam [advocacy website], has said the proposed law could lead to intolerance and has already incited hatred against Muslims in a small section of the community, adding "the feelings of the general Muslim population in Australia is that we are being collectively punished for actions that are beyond our control." State leaders will convene a security summit Tuesday to discuss the new legislation, which includes stricter investigation of citizenship applicants, jail terms for inciting violence and detention of suspects without charge for up to two weeks. State leaders have threatened to introduce sunset provisions [AAP report] into the terror legislation if the federal government does not agree to the inclusion of time limits at the security summit. AFP has more. The Australian has local coverage.

[JURIST] A Pennsylvania federal court Monday was set to consider whether school districts may teach a concept known as "intelligent design" [Wikipedia backgrounder] prior to teaching biology lessons on evolution. Eight families in Dover, Pennsylvania, claim that teaching the theory in schools is a violation of the separation of church and state [Wikipedia backgrounder]. The "intelligent design" concept, developed by scholars over the last 15 years, sets forth the belief that Charles Darwin's theory of evolution [BBC backgrounder] cannot completely explain the origin of life, contending that an unidentified intelligent force played a role. The eight families suing the school district claim that the theory is not appropriate for the classroom [PDF complaint; ACLU case materials] because it is just a "masked" version of the Bible's story of creation. The Dover Area School District is the first known district in the nation to require teaching of the concept to ninth-graders. In a related decision in 1987, the US Supreme Court ruled in Edwards v. Aguillard [opinion] that states may not mandate public schools to teach creationism in order to balance evolution lessons. AP has more.

[JURIST] The US Senate Monday afternoon will take up the confirmation of Chief Justice nominee Judge John Roberts [JURIST news archive], with two-thirds of the 100 senators having already announced their support. The Senate Judiciary Committee voted to recommend Roberts [JURIST report] for nomination last week by a margin of 13-5, and Roberts is expected to reach the necessary majority vote by the full Senate since all 55 Republicans are anticipated to vote in favor of his confirmation. Of the 44 Democratic Senators, 13 have announced their support of Roberts thusfar, saying that despite their concerns about how Roberts will rule, he is certainly qualified for the Chief Justice role. Meanwhile, Democrats opposing Roberts worry that he will be "staunchly conservative" like Justices Clarence Thomas and Antonin Scalia. The Senate vote is expected to take place no later than Thursday in time for the opening of the Supreme Court's 2005-2006 term on October 3. AP has more. A live webcast of the Senate debate will be available beginning 1:00 PM ET.

[JURIST] Japan's Fukuoka High Court [backgrounder] held Monday that a survivor of the 1945 Nagasaki atomic bombing [Wikipedia backgrounder] living abroad is entitled to the same medical benefits and funeral costs [benefits summary, PDF] as survivors living in Japan, without returning to Japan to file claims. Monday's ruling comes after a 2002 court ruling that attempted to force the government to abandon its policy of excluding overseas survivors from benefits an channel more relief to victims living outside Japan. Choi Kye-chul, a South Korean, filed suit in February 2004 after he was denied benefits even though a certificate granted in 1980 made him eligible for state health care allowances. Of the 285,600 survivors of the Nagasaki and Hiroshima nuclear attacks, 5,000 live abroad, and many have developed radiation-related illnesses, including cancer and liver problems. Survivors living in Japan are currently eligible for monthly allowances of up to $1,250 and free medical checkups and funeral costs. AP has more. Asahi Shimbun has local coverage.

[JURIST] Australian Guantanamo Bay detainee David Hicks [Wikipedia profile; advocacy website], arrested in Afghanistan following the September 11th attacks and facing imminent trial by military commission, is seeking dual citizenship in the UK with the hope that the British government will secure his release from Guantanamo Bay. Unlike Hicks' native Australia, Britain has negotiated the release [JURIST report] of all its citizens detained at the US Naval facility. Lawyers recently discovered that Hicks' mother is a British citizen and under a 2002 citizenship law [UK Home Office backgrounder], children of British mothers are eligible for citizenship. Hicks is scheduled to face a US military trial in October [JURIST report] on terrorism charges including attempted murder and aiding the enemy and the Australian government has welcomed the resumption of Hicks' trial [JURIST report]. AFP has more.

[JURIST] Mohamed ElBaradei [official profile] received unanimous approval Monday to continue as head of the International Atomic Energy Agency (IAEA) [official website] for his third four-year term, after the US ended its opposition to his tenure. ElBaradei's reappointment had been postponed [JURIST report] earlier this year in the face of US criticism over ElBaradei's handling of the agency's negotiations with Iran and nuclear inspections in Iraq prior to the March 2003 war. Last week, European negotiators agreed to drop their demands that Iran be referred to the UN Security Council over its nuclear program and the IAEA board approved a resolution [JURIST report] this weekend declaring Iran in "non-compliance" with the Nuclear Non-Proliferation Treaty [PDF text; JURIST news archive]. ElBaradei denies that Iran is making nuclear weapons and also denies that Saddam Hussein's regime had an active atomic weapons program. AP has more.

[JURIST] In a goodwill gesture that was requested by the Iraqi government for Muslim holy month Ramadan [Wikipedia backgrounder], the US military Monday freed 500 detainees from Iraq's Abu Ghraib prison [JURIST news archive] and the military has said that an additional 500 detainees will be freed [press release] later this week. The released detainees are those deemed to not have committed violent crimes such as bombing, torture, kidnapping or murder. The detainees must also have admitted their crimes and be committed to living a non-violent lifestyle as good citizens of Iraq. The release may also be a tactic to persuade Iraqis to vote in the October 15 referendum on the draft Iraqi constitution [JURIST news archive]. Sunnis who have been involved in the drafting of the constitution have demanded the release of thousands of prisoners and are also calling for a boycott or a vote of no in the referendum. AP has more.

[JURIST] AP is reporting that a Spanish court has convicted a suspected al Qaeda cell leader of conspiracy to commit murder in connection with the September 11 attacks [JURIST news archive] in the US.

8:11 AM ET - Immad Yarkas, the accused leader of al Qaeda's presence in Spain [BBC backgrounder], received a 27 year jail sentence. Two other al Qaeda suspects were acquitted. The verdicts come in Europe's largest trial of alleged al Qaeda members, with 3 men faces charges for helping to organize the September 11 attacks and 21 others charged with membership or association with a terrorist group, weapons possession, falsifying documents and fraud. AP has more.

Previously in JURIST's Paper Chase...

• Spanish trial for 9/11 suspects wraps up
• Spanish prosecutor insists on primacy of "rule of law" at end of 9/11 trial
• Accused al Qaeda leader denies connection to hijackers
• Trial of September 11 suspects opens in Spain
• Spain seeks 74,000-year prison terms for al Qaeda suspects accused in 9/11 plot

[JURIST] Reports of violent crime in the US in 2004 were at their lowest level since the US Department of Justice began compiling statistics 32 years ago, according to a report [PDF text; press release] released Sunday. The Bureau of Justice Statistics study mirrors an FBI report earlier this year [JURIST report] which suggested that murder and violent crime rates were down. Those who are multiracial were reportedly victimized at higher rates than others, with a level of 51.6 per thousand, with blacks victimized at a rate of 26 per thousand and whites at 21 per thousand. Youths, at a rate of 49.7 per thousand, and males, with a rate of 25, were also more likely to be victimized than their elders or females. In addition, 24 million violent and property crimes were reported, echoing the rate reported in 2003. Although guns were used in only 6 percent of non-lethal violent crimes, down 11 percent from the decade-earlier rate, they were used in 71 percent of 2003 murders committed, the most recent year reported. 49 percent of murder victims were black in 2003, the same rate as whites. The report said the violent crime rate fell 57 percent while the crime rate for property fell