[JURIST] Lawyers for Omar Khadr [CBC Khadr family profile], an 18-year old Canadian citizen and Guantanamo Bay detainee, said Wednesday that their client had been tortured and abused by US interrogators. Khadr is accused of throwing a grenade that killed a US medic while he was alledgedly fighting with the Taliban, planting mines in the way of US convoys, and gathering surveillance. He was captured when he was 15 years old and tranferred to Guantanamo Bay [official Navy base website] when he was 16 years of age. Muneer Ahmad, a US attorney for Khadr, said Khadr was short-shackled by the hands and feet and bolted to the floor in painful and degrading positions for long periods of time. Khadr urinated on himself and on the floor and claims he was dragged across the ground as a "human mop." He has yet to be formally charged with any crime. AP has more. Canada's CBC News has local coverage.

[JURIST] UK lawmakers Wednesday backed a government bill to put the new EU constitution to a national referendum. The European Union Bill [PDF text] will now go to a House of Commons committee for further study. While signed last November, the European constitution [text]must still be ratified by all member states before taking effect. The new constitution would streamline EU decision-making and create more accountability to national governments. UK Foreign Secretary Jack Straw has released a statement arguing the adoption of the constitution, saying, "This is a constitution which works in Britain's interests. If we were then to say 'no', it would leave Britain literally isolated, it would leave Britain weaker." Opinion polls, however, suggest that many are opposed to the EU constitution with a significant number still undecided. BBC News has more.

[JURIST] The International Criminal Tribunal for the Former Yugoslavia (ICTY) [official website] announced late Wednesday that the trial of former Yugoslav President Slobodan Milosevic [Wikipedia profile] has been postponed again until Monday, February 14. Milosevic is still recovering from a bout of influenza that had caused a previous delay and complained of a temperature during Wednesday's hearing. His trial, which started in February 2002, has already been interrupted several times due to Milosevic's health, in particular a heart condition. An ICTY press release stated that Milosevic will be evaluated by a doctor before returning to court on Monday. If convicted, Milosevic could face life in prison. AFP has more. JURIST has more on the trial here.

[JURIST] The French National Assembly [official website] voted Wednesday in favor of a proposal that will allow private sector employees to work up to 48 hours a week, despite last weekend's demonstration by 300,000 French workers [JURIST report] in protest of the work week bill [legislative materials in French; background from Prime Minister's office]. The bill will now go before the French Senate [official website], which must approve it before it can become law. Supporters of the plan to allow a longer work week say the reform will lessen the burden on companies and state finances and allow workers to earn more money. Opponents see the ban as the first step toward undermining the French social security system. BBC News has more. Le Monde has local coverage in French.

[JURIST] In Wednesday's environmental law news, USDA [official website] Secretary Mike Johanns has announced [text] that he is delaying the effective date for the lifting of the ban on beef and cattle imports from Canada. The ban was scheduled to be lifted on March 7. Johanns met with Canadian Agriculture Minister Andrew Mitchell, and they also issued a joint statement [text] that reemphasizes the nations' combined commitment to lifting the ban as soon as scientifically prudent.

In other news,

• The Fish and Wildlife Service [official website] seeks comments on a proposed rule [text] that would reintroduce the northern aplomado falcon [FWS factpage] (Falco femoralis septentrionalis) into its traditional habitat of New Mexico and Arizona. The bird has been on the endangered species list [FWS factpage] since 1986, has not been seen in Arizona since 1940, and has only sporadically been spotted in New Mexico since the 1970s. If approved, as many as 150 of the currently captively-bred falcons could be introduced to the area annually. Comments can be made here until April 11.
  
  
• Also in falcon-related news, the FWS is seeking comments on a proposed rule [text] that would simplify the requirements and federal regulations that handle falconry. These changes would include eliminating the need for a seperate federal permit if a falconer already possesses a state or tribal permit for the practice. Comments can be made here until May 10.
  
  
• The EPA [official website] seeks comments on a petition [text] from Shell Oil [corporate website] to delist a certain type of sludge produced at its Houston TX facility from the list of hazardous waste. The company believes that the sludge does not meet the initial listing criteria required by the EPA. Comments can be made here until March 11.
  
  
• The Alcohol and Tobacco Tax and Trade Bureau [official website] is seeking comments on a proposed rule [text] that would establish the "Niagara Escarpment" viticultural area in Niagara County New York. The 28 mile-long area currently has 400 acres of vineyards. Comments can be made here until April 11.
  
  
• The EPA [official website] seeks comments about amendments [text] that will change parts of the national emission standards to control hazardous air pollutants emitted from catalytic cracking units, catalytic reforming units, and sulfur recovery units at petroleum refineries. The amendments will become effective April 11, unless the EPA receives significant adverse comments by March 11. Comments can be made here.

[JURIST] Swedish media published Wednesday the names of over 500 Swedes missing or killed [Svenska Dagbladet list] in the tsunami disaster [JURIST Hot Topic archive] after the Swedish Supreme Administrative Court [Swedish Judiciary backgrounder in English] ruled that the release of the names would not cause people any harm. Swedish police had said that that in withholding identities they were trying to protect homes of missing families, but the court ordered the release of names based on Sweden's freedom of information laws. Reuters has more. From Stockholm, Svenska Dagbladet has local coverage in Swedish.

[JURIST] The US Senate voted 60-39 [roll call vote] Wednesday to table an amendment to the draft Class Action Fairness Act of 2005 [bill summary]. The bill calls for the shifting of most class action lawsuits to federal courts and the amendment considered and defeated Wednesday would have created an exception for cases brought by state attorneys general. Ignoring a letter from 46 state AGs that said the bill will "stop them doing an important part of their job," supporters of the bill said that amending the measure "could possibly derail the whole bill." Reuters has more.

Previously on JURIST's Paper Chase...

• Bush administration urges Senate not to alter class action bill
• Senate committee approves Bush plan to limit class action suits

[JURIST] The Iraqi Special Tribunal [tribunal statute] will begin holding trials of some of the top lieutenants of Saddam Hussein's regime "in weeks," according to a Western legal expert involved in the process speaking in Baghdad on Wednesday. Iraqi judges have been holding investigative pre-trial hearings [JURIST report] and are reportedly ready to turn over their dossiers to the five-judge chamber that will run the trials. Saddam and 11 top aides face charges of war crimes and crimes against humanity. AP has more.

[JURIST] Commissioners from the federal Election Assistance Commission [official website] told the US House Committee on House Administration [official website] Wednesday that the use of provisional ballots [JURIST Hot Topic archive] in the 2004 election [JURIST Hot Topic archive] allowed more people to vote, with 68 percent of the provisional ballots cast on Election Day being counted toward the final vote. The EAC testimony came as part of a hearing to examine the successes and failures of the Help America Vote Act [text] and to review the problems with the 2004 election. Four state Secretaries of State also testified at the hearing, but conspicuously absent were Kenneth Blackwell, from Ohio, and Florida's Glenda Hood. Ohio and Florida were two of the states with the most complaints following the November election and Blackwell and Hood's absence prompted several committee members to denounce their failure to appear. Review the prepared testimony [PDF text] of the EAC commissioners as well as testimony by the Secretary of State Panel: Chet Culver (IA) [testimony, DOC], Rebecca Vigil-Giron (NM) [testimony, RTF], Todd Rokita (IN) [testimony, DOC], and Ron Thornburgh (KS) [testimony, DOC]. AP has more.

[JURIST] Leading Wednesday's corporations and securities law news, the SEC has announced that three Bank of America Corp. [corporate website] brokerage units have agreed to pay $375 million to settle market timing charges. The SEC charged the three units with entering into improper and undisclosed agreements which allowed larger investors to engage in market timing and late trading in Nations Funds mutual funds. Read the SEC press release. Additionally, Bank of America's Fleet mutual fund unit will settle separate market timing charges and pay a fine of $140 million. Read the SEC press release. The SEC also brought related fraud charges against two former Columbia senior executives in federal court in Boston. Read the SEC litigation release and complaint [PDF]. Bloomberg has more.

In other news...

• The SEC [official website] said Nasdaq stock market [official website] failed to report suspicious trading by MarketXT. The SEC stated MarketXT, an electronic trading platform, developed programs which take advantage of market-data rebates available from Nasdaq. CBSMarketWatch has more.
  
  
• A House Financial Services subcommittee [official website] wants tougher regulations for Fannie Mae [corporate website] as the subcommittee heard testimony from SEC chief accountant Donald Nicolaisen. Nicolaisen said the agency continues to investigate the company's accounting. Legislation is expected to move forward in Congress which would toughen oversight for mortgage giant. Read Nicolaisen's prepared testimony [PDF]. CBSMarketWatch has more.
  
  
• As previously reported on JURIST's Paper Chase, Yukos' [corporate website, JURIST Hot Topic] main owner, Menatep [corporate website] , has brought a damages claim worth $28.3 billion against the Russian government [official website] for expropriating its investment in the oil giant. The claim is based on an allegation that Russia violated its duties under the Energy Charter [PDF], an international treaty designed to enforce international law in energy investments. MosNews has more.
  
  
• The big four accounting firms have doubled their audit fees with US clients due to extensive work mandated by the Sarbanes-Oxley Act [PDF]. Companies have reportedly spent on average between $5 million and $8 million to comply with Sarbanes-Oxley in 2004. The Financial Times has more.

[JURIST] Negotiations continued in Washington Wednesday on a draft Inter-American Declaration of Rights of Indigenous Peoples [OAS working group; OAS press release], an initiative of the Organization of American States [official website]. Progress towards completion of the declaration, the first to enshrine the economic, social and property rights of the western hemisphere's 40 million indigenous people, has been hindered by disagreements over proposed language - most recently, language that would recognize an aboriginal "right to live in harmony with the environment." US negotiators have balked at the wording, considering it too vague, and in response a number of delegates boycotted a diplomatic reception hosted by the United States Monday evening. Negotiations on other issues - including territorial rights and claims - will continue for the remainder of the week. This is the fifth round of talks on the instrument. The US State Department has issued a press release on the negotiations. Wednesday's Miami Herald has more.

[JURIST] The Federal Communications Commission [official website] has said that it is overhauling the system it uses to process complaints about indecency on the public airwaves [FCC background]. The FCC has hired additional staff to review complaints and is revising the process it uses to track complaints. Meanwhile, on Wednesday Congress began reviewing a proposed bill that would force the FCC to complete each indecency investigation within 180 days and will allow the FCC to fine broadcasters up to $500,000 for violations of indecency rules, with a license revocation hearing required after a broadcaster has three violations. The bill will also allow the FCC to levy fines up to a $500,000 against performers who willfully violate standards. Wednesday's Washington Post has more.

[JURIST] Menatep [corporate website], the majority shareholder of Russian oil company Yukos [corporate website; JURIST Hot Topic news archive], has sued the Russian government for over $28 billion, saying the government's sale of Yukos' production arm Yugansk was illegal. The government seized and sold Yugansk last year [JURIST report] in order to offset Yukos' $27 billion back tax bill. Menatep alleges that the government's action are contrary to the 1994 Energy Charter Treaty [PDF text], which regulates disagreements over energy investments. BBC News has more. MosNews has local coverage.

[JURIST] In person on national television Wednesday UK Prime Minister Tony Blair [official profile] apologized to members of the Conlon and Maguire families who were wrongfully convicted and sentenced for the 1974 IRA bombings of British pubs in Guildford [BBC On This Day file] and Woolwich. Eleven individuals from the two families were arrested, tried, and convicted on evidence that was later completely discredited. Blair also met with the families privately and conveyed the government's official apology for their hardships. Watch Blair's public apology for the wrongful convictions [BBC webcast]. BBC News has local coverage.

[JURIST] The US Army announced Tuesday that Corporal Dustin Berg, a soldier in the Indiana National Guard [official website] awarded the Purple Heart [veterans website] for injuries sustained in Iraq, has been charged in the murder of an Iraqi civilian. Berg was charged for the murder in late January, and is also facing charges of false swearing and the wearing of an unauthorized award. The Army would not release any details about his citation for the Purple Heart. Berg faces an Article 32 hearing [official UCMJ text] Thursday to determine if a court martial is warranted. The Indianapolis Star has local coverage.

[JURIST] A federal immigration judge Tuesday ordered the deportation from the United States of a Palestinian fund raiser for an Islamic charity alleged to have supported Hamas. Abdel-Jabbar Hamdan, who was found to have been living in the US without a valid visa, had raised funds for the Texas-based Holy Land Foundation for Relief and Development [archived website, official site closed by DOJ], which was charged last July [DOJ PDF press release] with funneling funds to Hamas [faction website], designated a terrorist organization [State Department official list] by the US government. The judge ruled that Hamdan should have known where the funds he raised were going. Read the HLF indictment [official PDF text]. AP has more.

[JURIST] A spokesman for the Independent Electoral Commission of Iraq [official website] said Wednesday that the announcement of final results from last month's Iraqi elections [JURIST Hot Topic archive] will be delayed so that the Commission can recount votes from 300 ballot boxes. The results were originally scheduled to be announced Thursday. No new date for an announcement was set. According to partial election results already posted by the IECI, the Shiite-dominated ticket, endorsed by Grand Ayatollah Ali al-Sistani [official website, English version] is leading with about half the votes. AP has more.

[JURIST] Allen Raymond, former president of Republican consulting group GOP Marketplace, has received a five month sentence for his role in a plot to jam Democratic phone lines in New Hampshire during the 2002 election. Raymond pleaded guilty in June to conspiracy charges for plotting to jam phone lines that were meant to help voters get rides to polls. Chuck McGee, former director of the New Hampshire Republican Party, has also pleaded guilty to conspiracy charges [JURIST report]. Raymond, McGee, and the state GOP face a separate civil lawsuit filed by New Hampshire's Democratic Party. AP has more. The Concord Monitor has local coverage.

[JURIST] Same-sex marriage bans made headway in several state legislatures Tuesday. The Alabama Senate voted unanimously in favor of a constitutional amendment banning same-sex marriages after the House voted overwhelmingly in favor of an identical proposal last week. One chamber will have to pass the other's version of the bill before the proposed amendment will go before voters in a statewide referendum. AP has more. In Indiana, the state Senate Corrections, Criminal and Civil Matters Committee voted 7-4 in support of a constitutional amendment prohibiting same-sex marriage. The amendment will have to be approved by the state legislature before going before Indiana voters for their approval. The Indianapolis Star has more. Also Tuesday, another same-sex marriage ban [PDF background from the Family Foundation, supporters of the amendment] passed the Virginia state House; a similar resolution passed easily in the state Senate earlier this week. If the two versions are reconciled, and both chambers pass the measure again, the issue will go to Virginia voters in November 2006. AP has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Wednesday, Feb. 9.

The US Senate [official website] convenes today at 9:30 AM ET, and it continues debate of S. 5 [bill summary], the Class Action Bill. Watch a live webcast via C-SPAN 2. The US House [official website] opens its daily session at 10 AM ET, with a live webcast available from C-SPAN.

The Woodrow Wilson International Center for Scholars will hold a forum on US-Iran relations after recent elections in the region, with Ken Pollack of the Saban Center on Middle East Policy and Hadi Semati of the Woodrow Wilson Center. Watch a live webcast of the event beginning at 12:30 PM ET.

EU Commission President Jose Manuel Barroso will hold a joint press conference [daily programme] with EU External Relations and European Neighbourhood Policy Commissioner Benita Ferrero-Waldner and US Secretary of State Condoleezza Rice at 4:50 PM local time [10:50 AM ET]. Watch a live webcast of the conference.

The UN Commission for Social Development [official website] opens its 43rd session [session information] today.

At the International Criminal Tribunal for the Former Yugoslavia, the trial of Slobodan Milosevic [ICTY case backgrounder] continues, with a webcast beginning at 9:30 AM local time [3:30 AM ET]. Also Tuesday, the trial of Fatmir Limaj and others [ICTY case backgrounder] continues, with a webcast beginning at 3:30 PM local time [9:30 AM ET].