[JURIST] Guatemala's Constitutional Court [official website] Friday ordered charges dropped against soldiers accused of participating in a 1982 massacre of more than 300 civilians, citing the countrys's National Reconciliation Law [PNS report]. The law is a type of amnesty the Guatemalan Congress approved in November 1996, a few weeks before the government and ex-guerrillas signed peace accords ending the country's 36-year-old civil war. It forbids amnesty for those implicated in cases of forced disappearance, torture or genocide, but fails to address extra-judicial executions that took the lives of countless Guatemalans during the 36-year armed conflict. There are at least five other pending cases involving similar massacres and this decision will serve as precedent for those cases. AP has more.

[JURIST] The appeals division of the International Criminal Tribunal for the Former Yugoslavia [official website] ruled Friday that the trial chamber of the same court had erred in its 2003 sentencing of former Bosnian Serb detention camp commander Dragan Nikolic [case sheet]. Nikolic, who personally tortured inmates with pipes and axe handles during the 1990s Balkans conflict, had been sentenced to 23 years in a plea bargain agreement regarding four charges of crimes against humanity for his commanding role at Sušica camp. Judge Theodor Meron, who presided over Nikolic's appeal, reduced his prison sentence to 20 years after concluding [ICTY press release] that the trial chamber incorrectly factored into the sentence the ICTY's practice of granting early release. Reuters has more.

[JURIST] Washington State Superior Court Judge John E. Bridges ruled in favor of Republicans Friday by allowing a court challenge to proceed against election totals that resulted in last month's swearing in of Democratic Gov. Christine Gregoire [official website]. Gregoire was declared the winner of the state gubernatorial election by only 129 votes out of 2.9 million cast. While Democrats argue that any challenge should rest in the hands of the state Legislature, GOP candidate Dino Rossi [campaign website] and supporters contend that the election results, allegedly tainted with errors and fraud, should be thrown out and a new election should be ordered. Gregoire's rejected defense relied on a term in the WA state constitution stating that contested gubernatorial elections "shall be decided by the Legislature in such a manner as shall be determined by law." Judge Bridges, however, agreed with the Republicans that the words "as shall be determined by law," warranted court action. JURIST's Paper Chase has previous coverage of the dispute here. Read about Rossi's court actions. AP has more.

[JURIST] In Friday's environmental law news, the Southeastern PA Transit Authority (SEPTA) [corporate website] has received $23 million as part of a settlement agreement to reimburse the company for cleanup at the Paoli Rail Yard Superfund site [EPA website]. The site was originally used (and polluted) by the Penn Central railroad which dissolved in bankruptcy in 1976, and was then assumed and cleaned up by SEPTA, Conrail and Amtrak. In a separate settlement, Amtrak will receive $15 million for its costs associated with the cleanup. The Philadelphia Inquirer has more.

In other news,

• Indonesian legislators have passed a ban on smoking for public areas in the capital city of Jakarta. Under the bill, person caught violating the ban can be fined up to 50 million rupiahdollars or face up to 6 months in jail. AFP has more.
  
  
• Testifying before the Senate Agriculture Committee [official site], USDA Secretary Johanns reaffirmed yesterday the plan to reopen the border to imports of Canadian beef on March 7. Read the text of his statement, [text] or listen to a recording of the hearing [requires RealPlayer]. Imports of beef from Canada were banned in 2003 following cases of BSE [CDC factpage] (mad-cow disease) were found there. The CBC has more.
  
  
• The Schuylkill County, PA zoning hearing board approved a proposal Thursday that will create the first "wind farm" in the area. The approval is a first in the area traditionally known for its coal and coal-fired power plants. The proposed farm will have 13 wind turbines, each 380 feet tall, and could provide energy for up to 8,000 homes. Less then 1 percent of energy in PA comes from wind farms. The Allentown Morning Call has more.
  
  
• The US Agricultural Marketing Service [official site] seeks comments on a proposed rule [text] that would increase the assessment rate for the Prune Marketing Committee from $4 to $6 per salable ton of dried prunes. The money raised by the assessments on producers and handlers of the fruit in California pay for the national marketing program. The increase is proposed since the crop yield is expected to be 20K tons lower than last year (from 68,950 to 47,203 tons). Comments can be made here until March 7.
  

[JURIST] Leading Friday's corporations and securities law news, Washington state utility Snohomish Public Utility District [official website] has released audiotapes which reveal Enron's [corporate website; JURIST Hot Topic] plan to take a power plant off-line in 2001 to create higher electric prices in western states. The tapes were released as part of an effort to void Enron's $122 million lawsuit seeking payment for electricity. Read the Snohomish press release which includes audio clips. CNN has more.

In other news...

• As previously reported on JURIST's Paper Chase, the Court of Appeals for the District of Columbia [official website] has ruled that federal law does not permit the goverment to seek a $280 billion penalty in its racketeering case against the tobaco industry. Read the opinion [PDF]. AP has more.
  
  
• Adelphia Communications Corp. [corporate website] has filed an amended reorganization plan [Adelphia press release, PDF] in US Bankruptcy Court which outlines how the company will distribute procees from any sale of its assets to creditors. Adelphia is still attempting to determine whether to sell assets or attempt to emerge from Chapter 11 bankruptcy as a stand-alone company. AP has more. In other Adelphia news, the company is seeking to eliminate more than $2 trillion in bankruptcy claims which it claims are a result of duplication. Read Adelphia's SEC filing. CBS MarketWatch has more.

[JURIST] New York State Supreme Court Justice Doris Ling-Cohan ruled Friday that New York's law banning same-sex marriages violates the state constitution. Read her 62-page opinion [PDF]. If upheld on appeal, the decision would allow same-sex couples in the state to wed. Justice Ling-Cohan found in favor of five same-sex couples who were denied marriages licenses last year. Gay rights organization Lambda Legal, which brought the case, has issued a press release. AP has more.

[JURIST] The Court of Appeals for the District of Columbia [official website] has ruled that federal law does not permit the goverment to seek a $280 billion penalty in its racketeering case against the tobacco industry. In its opinion [PDF text], the court wrote:

A group of cigarette manufacturers and related entities (“Appellants”) appeal from a decision of the District Court denying summary judgment as to the Government’s claim for disgorgement under the Racketeer Influenced and Corrupt Organizations Act (“RICO” or “the Act”), 18 U.S.C. §§ 1961-68. The relevant section of RICO, 18 U.S.C. § 1964(a), provides the District Courts jurisdiction only for forward-looking remedies that prevent and restrain violations of the Act. Because disgorgement, a remedy aimed at past violations, does not so prevent or restrain, we reverse the decision below and grant partial summary judgment for the Appellants.

• Tobacco industry settlement with states doesn't bar federal suit, judge rules
• Appeal of $280 billion tobacco case will be allowed
• Federal judge orders document turnover in tobacco case
• Federal judge refuses to limit fines sought in tobacco case

[JURIST] Addressing US Department of Justice [official website] employees the day after being confirmed as US Attorney General [JURIST report], Alberto Gonzales [White House biography; JURIST Newsmaker news archive] said that the Justice Department's top priority will be "to protect this country against future acts of terrorism ... in a way that is always consistent with our values and consistent with our legal obligations." During Gonzales' confirmation hearings, the new Attorney General was criticized for his role in crafting the Bush administration's expanded definition of torture. AP has more. C-SPAN has recorded video of Gonzales' speech and the DOJ provides his prepared remarks [text].

[JURIST] The FBI [official website] has been forced to shut down part of the e-mail system it uses to communicate with the public because of a security breach. The FBI is investigating the source of the intrusion, although there is no indication that internal communications have been effected. The breach comes one day after the FBI released its response [FBI letter] to a report [DOJ website] by US Department of Justice Inspector General Glenn Fine [DOJ profile] that criticized the bureau's information technology management. The report said that the FBI's Virtual Case File System [FBI report; audio backgrounder from Bob Chiaradio, FBI Executive Assistant Director for Administration], designed to better manage criminal and terrorism cases, does not work and will have to be replaced. AP has more.

[JURIST] Iraq's Human Rights Minister Bakhtiar Amin Friday praised the United Nations' preliminary report into corruption within the Oil-for-Food program [official website], and called for those who participated to stand trial. The program's former director, Benon Sevan, is accused of repeatedly soliciting and getting Iraqi oil allocations for a trading firm connected to the family of former UN Secretary General Boutros Boutros-Ghali in violation of the UN competitive bidding rules [UN and Business website]. Reuters has more.

[JURIST] In Friday's international brief, UN Secretary-General Kofi Annan formally reported to the Security Council Friday morning on the finding of the special UN commission [JURIST Gazette] on the situation in the Darfur region of Sudan. While the commission did not find that the central Sudanese government had any specific intent to commit genocide as defined by the Genocide Convention [official text], it did indicate that individuals within the conflict might still be guilty of committing war crimes. The Security Council meeting came one day after Annan's announcement of his plans to deploy 10,130 peacekeepers to Sudan - a country the size of western Europe - to enforce the January 9 peace accords signed between Sudan [government website] and the South Sudan's People's Liberation Movement [government website] that ended the country's 21 year old civil war. The plan, which Annan has called the most complex peace mission in the UN's history, also calls for peacekeepers to be deployed to Darfur; it must be approved by the Security Council before any action is taken. JURIST's Paper Chase has continuing coverage [JURIST Countries archive] of Sudan. The Sudan Tribune has local coverage. IRIN News has more.

In other international legal news ...

• Colombian President Alvaro Uribe was forced to withdraw from the crisis summit being held in Caracas after an ear infection forced him to the hospital. Spokespeople said that Uribe would consult with doctors on whether he could travel to Venezuela later on Friday. The summit was intended to wrap up the final negotiations [JURIST report] concerning the restoration of full diplomatic contact between Colombia and Venezuela following the capture of a FARC rebel leader on Venezuelan territory by bounty hunters paid for by Colombia. Venezuelan President Hugo Chavez [official website in Spanish] reacted strongly to what he termed a 'violation of Venezuelan sovereignty' and suspended all diplomatic and economic ties [JURIST report] between the two countries. Chavez repeatedly blamed the US for the crisis, and warned that if war had broken out, the US would be the one responsible. El Nacional has local coverage [in Spanish].
  
  
• The last remaining significant rebel group in Burundi [government website in French] agreed Thursday to peace talks with the government, so long as South African Deputy President Jacob Zuma did not act as mediator. The Forces Nationales de Liberationis, the final remaining rebel group in Burundi, following the transition of Conseil national pour la defense de la democratie–Forces de defense de la democratie, formerly the largest rebel group in Burundi, into a legitimate political party. FNL expressed a willingness to attend negotiations mediated by UN Special Representative Carolyn McAskie [appointment press release] of the UN Operation in Burundi [official website]. Burundi borders Rwanda, and has been attempting to resolve many ofthe same Tutsi/Hutu issues that sparked the 1994 Rwandan genocide. IRIN News has more.
  
  
• Russian Foreign Minister Sergei Lavrov and US Secretary of State Condoleezza Rice [official profile] will meet Saturday to discuss the Russian-US co-operation in suppressing and preventing terrorism. The meeting is a 'key part' of the foundation for the upcoming bilateral Slovakia Summit [official website] in Bratislava, Slovakia between US President George Bush and Russian President Vladimir Putin on February 24. Rice and Lavrov will also discuss steps towards the development of a non-proliferation of weapons of mass destruction agreement. Itar-Tass has local coverage.

[JURIST] Six senior UN human rights experts joined Friday to express their continuing concern over the situation of detainees at Guantanamo Bay [JURIST Hot Topic news archive]. In a statement released in Geneva, UN committee chairs and rapporteurs on arbitrary detention, enforced disappearances, torture, health standards and other human rights areas cited:

• lack of clarity concerning the legal basis for continued detention of inmates at Guantanamo.
  
• uncertainty concerning the length of detention.
  
• lack of disclosure regarding the number and identity of detainees.
  
• questionable lack of independence of the Combatant Status Review Tribunals and the Administrative Review Board.
  
• the need to objectively asses allegations of abuse.
  
• conditions of detention in the prison.
  
• lack of communication to detainees regarding whether they will face criminal charges.

the right and duty of all States to use all lawful means to protect their citizens against death and destruction brought about by terrorists must be exercised in conformity with international law; lest the whole cause of the international fight against terrorism be compromised.

[JURIST] US Secretary of State Condoleezza Rice [official profile] said Friday the human rights record [US State Department human rights report] of the Islamic government of Iran [Iran Presidency website] was "something to be loathed." Stopping short of calling for regime change, Rice suggested that the unelected religious leaders that run Iran should not be viewed as good for the Iranian people nor for the stability of the region. Rice's comments were made during her first trip to Europe and the Middle East since becoming Secretary of State. AFP has more.

[JURIST] Former chess champion Garry Kasparov, who now works as a human rights activist, has accused Russian President Vladimir Putin [official website] of creating a puppet judiciary to persecute opposition leaders. Kasparov compared Putin's recent appointment of an inexperienced jurist to the nation's highest arbitration court to Caligula's naming of a horse to the Senate. Kasparov's comments appeared in a Wall Street Journal [registration required for full access] column. From Russia, MosNews has more.

[JURIST] After pleading guilty earlier this week [JURIST report] to charges of battery, dereliction of duty, and lying to Army investigators in connection with alleged alleged abuses of Iraqi prisoners at Abu Ghraib, Sgt. Javal Davis Thursday asked jurors to show mercy in sentencing. Davis apologized for his actions, adding that he did not "want to see [his military career] go down the drain for some foolishness." The sentencing hearing is expected to finish today. AP has more.

In other news surrounding the Abu Ghraib abuse scandal, Secretary of Defense Donald Rumsfeld [official profile] revealed Thursday night that he had twice offered his resignation to President Bush. In both instances, Bush refused to accept the resignation. Rumsfeld, speaking on CNN's Larry King Live, admitted feeling some measure of responsibility for the abuse, but added that "this kind of thing occurs in prisons across the country and across the world." AP has more.

[JURIST] The US Navy [official military site] announced Thursday that 3 additional prisoners held at Guantanamo Bay had been wrongly classified as "enemy combatants." The findings were made by Combatant Status Review Tribunals instituted after last July's Supreme Court ruling that Guantanamo prisoners had a right to challenge their detention. Earlier this week, US District Judge Joyce Hens Green ruled that the tribunals themselves were still unconstitutuional [JURIST report] because they denied the detainees access to lawyers and certain evidence. The issue of the constitutionality of the tribunals is now pending on appeal. Reuters has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Friday, February 4.

At the United Nations, the Security Council will hold a 10 AM ET meeting to hear the report of the Secretary-General on the Sudan. The meeting will be followed by closed consultations on the same subject.

The trial of Fatmir Limaj and others [ICTY case backgrounder] continues Friday at the International Criminal Tribunal for the former Yugoslavia. Watch a webcast of the trial beginning at 9:30 AM local time (3:30 AM ET); the webcast is on a 30-minute tape delay.... The ICTY will hold a status conference in the case against Mile Mrksic and others [ICTY case backgrounder]. Watch a webcast of the conference beginning at 3 PM local time (9 AM ET).... The ICTY appeals chamber will render its sentencing judgment in the case against Dragan Nikolic [ICTY case backgrounder]. Watch a webcast beginning at 4:30 PM local time (10:30 AM ET).