[JURIST] The independent Panel on the Nonprofit Sector [official website] released a report [PDF] Wednesday recommending that Congress require charities to develop stricter policies on the disclosure of financial information by retaining external independent accountants, reveal more details on executive compensation, and complete government information returns. The panel also suggested that Congress request audits of charities reporting annual revenues of $1 million or more and that policies should be developed to regulate travel expenses and whistleblower protection. The panel includes philanthropic leaders who are advising the US Senate Finance Committee [official website], which has already suggested stricter laws [JURIST report] to regulate charities. US Senator Chuck Grassley [official website], chairman of the Senate committee, plans to introduce the widest reforms to charity tax laws [press release] since 1969. Reuters has more.

[JURIST] Four countries seeking permanent representation [JURIST report] on the UN Security Council [official website] - Japan, Brazil, India, and Germany - said Wednesday at a foreign ministry meeting in Brussels that they would request a July vote on their Security Council reform resolution [draft, PDF]. The countries, known collectively as the G-4, originally planned to call for a vote later this month but decided to delay based upon input from the US and Africa, according to Japanese Foreign Minister Nobutaka Machimura [official profile]. The G-4 has proposed six more permanent seats on the Security Council, two of which would be given to Africa, and also has suggested delaying the veto rights of new members for 15 additional years. India nemisis Pakistan and UN veto-holder China have already voiced their opposition to the proposal [JURIST report]. The US has said it will support expanding the council [JURIST report] by "two or so" seats. The four countries need at least a vote of two-thirds to pass the resolution. From Japan, Kyodo News has more.

[JURIST] The Colombian Congress passed a bill Wednesday which gives lesser punishments to paramilitary leaders who disarm, admit their crimes, compensate victims, and return stolen goods. The bill, announced last week [JURIST report], was approved after Colombian President Alvaro Uribe [official website in Spanish] made it more stringent after a warning by US lawmakers that its impact would not be strict enough to punish the crimes of far-right leaders of the United Self-Defense Forces of Colombia (AUC) [ICT backgrounder], who have been in a civil war [Wikipedia backgrounder] with Marxist rebels since 1964. Although the bill's purpose is to reduce the power of the AUC, opponents say it will let the warlord killers off too easily. President Uribe, who has been in peace negotiations with the AUC for over two years, is expected to sign the legislation later this week. AP has more.

[JURIST] A young boy who claimed that Lionel Tate [Wikpedia profile] robbed a pizza delivery man at gunpoint [CNN report] in May "took back" his story Wednesday, which could mean freedom again for Tate, once the youngest American to receive a life prison sentence [Court TV report; Amnesty International legal concern]. Thirteen-year old Taquincy Tomkins said he had named Tate as the robber because he was pressured by the police and also because the person Tomkins says actually robbed the man threatened to kill him. In 2001, when Lionel Tate was 14 years old, he was convicted for the 1999 killing of a 6-year old girl by beating and stomping her to death. Tate's life sentence was appealed and overturned and he was resentenced to receive one year of house arrest and 10 years of probation, which was ongoing when he was re-arrested and charged with the pizza robbery. Tate's original life sentence set off a heated debate about Florida's practice of trying juveniles as adults [Justice Policy Institute study, PDF]. AP has more.

[JURIST] Leading Wednesday's corporations and securities law news, the SEC [official website] has announced that its five-member panel will vote again on a controversial rule requiring mutual funds to be overseen by independent chairmen. The announcement comes after a federal appeals court ruled that the SEC had not adequately investigated the cost [JURIST report] of implementing the plan. The panel will vote June 29th, the day before current SEC chairman William Donaldson [Wikipedia profile] is to step down from his post. Reuters has more.

In other corporations and securities law news...

• Wall Street firm Bear Stearns [corporate website] is under investigation for its mutual fund trading activities. In a filing Wednesday with the SEC, Bear Stearns acknowledged that it is under investigation and said it has strong defenses against the claims. AP has more.
  
  
• French insurer AXA SA [corporate website] is being investigated by the US Department of Justice, the SEC, and others. In a filing with the SEC, the insurance firm said that a particular 1998 transaction with MBIA [corporate website] is being investigated, as are the firm's reinsurance practices. MarketWatch has more.
  
  
• The EU [official website] and Coca-Cola [corporate website] have reached an agreement to improve soft-drink competition in Europe. In return for avoiding a hefty fine, Coca-Cola agreed to give up exclusive agreements with restaraunts and cafes. In a press release, Coca-Cola's CEO said the agreement brought clarity to Coca-Cola's business operations in Europe. The EU's press release contains the specifics of the deal. AP has more.

[JURIST] Leading Wednesday's states brief, the Pennsylvania Supreme Court has upheld the state's slot-machine gambling law [text]. While rejecting some parts of the law, the court found that the process used by the legislature to enact the law was constitutional. Attorneys argued over constitutional provisions that say a bill cannot be amended to change its original purpose and the requirement that legislation address a single subject. In the opinion [PDF text], Chief Justice Ralph Cappy wrote, "we conclude, that as a matter of law, there was a single unifying subject to which most of the provisions of the act are germane, the regulation of gambling." The court threw out the section of the Gaming Act which gave the state Gaming Control Board the power to override local zoning ordinances when determining where to locate the casinos. View Governor Ed Rendell's Chief of Staff John Estey's statement here. AP has more.

In other states news ...

• A New Jersey appeals Wednesday dismissed the lawsuit of a Seton Hall student who claimed that the University's refusal to recognize a gay and lesbian group violated the state's law against discrimination [NJ AG summary]. The court found that the law's exemption for religiously affiliated institutions applies to Seton Hall and that the school did not waive the exemption with its anti-discrimination policy [university website]. Seton Hall University is operated by the Archdiocese of Newark and receives state and federal funding. Read the opinion here [PDF text]. AP has more.
  
  
• The New Mexico Court of Appeals [official website] heard arguments Wednesday over the constitutionality of Santa Fe's living wage ordinance [PDF text]. Some local businesses are claiming that the city went beyond its constitutional authority by enacting the ordinance. The ordinance was enacted in February 2003 and went into effect almost one year ago after a state court ruled in favor of the city. AP has more.
  
  
• The Supreme Court of Missouri has upheld the constitutionality of the state's use tax law [PDF text] which allows local governments to tax mail-order purchases at the same rate as the local sales tax. Kirkwood Glass Co. Inc., argued that the law violated the interstate commerce clause of the US Constitution because consumers could pay more use tax in one Missouri city than the sales tax in another city. In its opinion [text], the Supreme Court rejected that argument by saying that a jurisdiction's use tax can only be compared to that same jurisdiction's sales tax and the use tax is fine if it is equal to or lesser than the sales tax. In 1994 the US Supreme Court stuck down the state's use tax law by finding it unconstitutional under the interstate commerce clause because in some parts of the state the tax was higher than the sales tax. The legislature responded by passing a new use tax law. AP has more.

[JURIST] A Pentagon report released Wednesday detailed troubling relgious insensitivity at the US Air Force Academy [official website], but found no overt acts of religious discrimination. The Department of Defense investigated the constitutionality of certain religious practices [JURIST report] and reports of religious intolerance [JURIST report] at the elite Colorado Springs institution. The report nonetheless calls for more "operational guidance" [Air Force Print News report] as to what is and is not acceptable. AP has more. Read a transcript of the Pentagon briefing on the report.

[JURIST] The Peruvian government on Wednesday condemned a Peru Supreme Court decision to drop allegations that former President Alberto Fujimori [Wikipedia profile; personal website] used forged signatures to register for the 2000 elections. The Peruvian Congress has a list of charges [JURIST report] against Fujimori, and is seeking to extradite him from Japan [JURIST report]. The government called the dismissal "scandalous" and "unfortunate". Fujimori has denied the charges against him as being politically motivated. Reuters has more.

[JURIST] Leading Wednesday's international brief, the South African National Assembly [official website] has approved the highly controversial national Children's Bill [PDF text], nine years after its first introduction. The bill, which will be presented to the National Council of Provinces [official website] for approval next before being submitted to President Thabo Mbeki, contains numerous changes widely hailed as beneficial, such as the lowering of the age of majority from 21 to 18, the outlawing of virginity testing, stricter punishments for child trafficking, and a framework for the implementation of a child sex abuse registry. The legislation also contains several contested provisions, from the right of Legal Aid [official website] to determine whether it is fiscally feasible to represent a child in a civil legal case, to the lowering of the age of consent for medical and surgical procedures to 12. The most controversial provisions of the bill, however, are the protection of the right of a surrogate mother to have an abortion after agreeing to an adoption procedure and the creation of a right to allow same-sex couples to adopt children. JURIST's Paper Chase has continuing coverage of South Africa [JURIST news archive]. South Africa's News 24 has local coverage.

In other international legal news ...

• The Chad government [official website in French] has released the results of the 6 June national referendum [JURIST report] addressing proposed constitutional amendments. The referendum approved all of the amendments proposed with a near 70% majority. The most significant amendment gave Chad President Idress Deby the legal authority to run for a third term in 2006, which he had previously been prevented from doing. Other amendments included the abolition of the Senate and its replacement with an Economic, Social, and Cultural Council whose members will be appointed by the President. Opposition groups are calling the referendum a sham, arguing that the massive boycotts that occurred on the day make the vote little more than a governmental rubber stamp. AllAfrica.com has local coverage.
  
  
• The National Electoral Commission of Guinea-Bissau [Wikipedia backgrounder] Wednesday announced the provisional results of the 19 June presidential election, informing reporters that none of the candidates running had attained 50% of the popular vote, as required by the Guinea-Bissau constitution, meaning that a run-off election between the two leading candidates will be held in July. The NEC announced that Malam Bacai Sanha, representative of the ruling PAIGC party, and former military leader Joao Bernardo "Nino" Vieira received the most votes with 35.3%3 and 28.5% of the vote respectively. The results are being challenged by the party of former president Kumba Yala, though no word has been released about officially contesting the results before the NEC. Final results are expected by Friday. The UN and other international observers praised the elections [UN News Centre report] as "exemplary" and were enthusiastic about the nearly 80% voter turnout. IRIN News has more.
  
  
• Former Indonesian acting secretary-general of the General Elections Commission (KPU) [government website in Bahasa Indonesian] Sussongko Sahardjo has begun his trial on charges of bribery, corruption, and facilitating the bribery of a public official. Sussongko allegedly assisted KPU member Mulyana W. Kusumah in an attempt to bribe the head of the Supreme Audit Agency (BPK) in return for a clean financial report for the General Elections Commission. If convicted, Sussongko faces five years incarceration. Sussongko is one of several members of the KPU under investigation for fraud and bribery [JURIST report] as part of the push by Inodnesian President Susilo Bambang Yudhoyono [Wikipedia profile] to root out corruption in the Indonesian government [official website in Bahasa Indonesian]. JURIST's Paper Chase has continuing coverage of Indonesia [JURIST news archive]. The Jakarta Post has local coverage.

[JURIST] Palestinian President Mahmoud Abbas [BBC profile] asked his government's Justice Minister Wednesday to set aside verdicts by the much-criticized state security courts [Amnesty International press release]. Human rights groups have said the courts, set up under Yasser Arafat in 1995, were too quick, violated due process and handed down too severe sentences, including the death penalty. The move is part of a larger plan to increase accountability and reduce lawlessness. Abbas wants the cases retried in civilian courts. Reuters has more.

[JURIST] The Spanish Senate voted 131-119 Wednesday against a bill that would legalize gay marriage. The bill had already passed the lower house of parliament [JURIST report], but faced fierce opposition from the Catholic Church and conservative groups [AP report]. The bill is still likely to pass [Scotsman report], however, since it now returns to the lower house [El Mundo report, in Spanish] for another vote on June 30. If the law is enacted Spain would join Belguim and the Netherlands as the only European countries to allow gay marriage . BBC News has more.

[JURIST] The US House of Representatives Wedneday afternoon approved a proposed constitutional amendment [text] that would make it a crime to desecrate the American flag by a vote of 286-130 [roll call], eight more votes then necessary for the two-thirds required. The measure will now go to the Senate, where many believe it has a strong chance of passing, and then must be ratified by 38 states within seven years to take effect. The proposed amendment is opposed by the ACLU [press release] and other rights groups who feel it infringes on First Amendment rights. Other groups like the Citizens Flag Alliance [advocacy website] argue that the majority of the public wants flag protection and have praised the House vote [press release]. AP has more.

[JURIST] Fearing damage to historic sites, the United Nations Educational, Scientific, and Cultural Organization (UNESCO) [official site] has called for action against illegal digs and looting in Iraq. Director-general Koichiro Matsuura [official profile] said archeological sites as well as museums [BBC News report] are being damaged by thefts of items. He also expressed concern that construction of new military bases might ruin ancient historic sites. UNESCO provides a press release in French. Xinhua has more.

[JURIST] After meeting with lawyers from both sides earlier today [JURIST report], US District Judge Karon Bowdre ordered a juror replaced in the fraud trial of former HealthSouth CEO Richard Scrushy [JURIST news archive], citing health reasons that interrupted deliberations. The replacement and Bowdre's instruction to the jury that they must start their deliberations all over again will further delay an already-lengthy case that went to the original jury on May 19. Bloomberg has more.

[JURIST] A panel of Italian judges on Wednesday convicted 10 former Nazi SS soldiers in absentia for their roles in the 1944 massacre of over 500 Tuscan villagers [Wikipedia entry]. The 10 men all received life sentences after the three-judge panel deliberated for seven hours. Italian authorities began their investigation into the atrocity a few years ago when they discovered Allied reports of the killings, supposedly meant to weed out partisans but resulting in the rounding up of random villagers who were later shot to death or killed in groups with grenades. A lawyer for two of the defendants expressed disappointment with the verdict and an appeal is expected. AP has more. From Germany, Deutsche Welle provides additional coverage.

[JURIST] Germany's Federal Administrative Court [official website in German; Wikipedia entry] ruled Wednesday that a German army officer who refused to follow orders because he thought they would aid the US-led war in Iraq could not be forced to comply with orders that ran counter to his conscience. The soldier, who was demoted from the rank of major to captain last year, saw his rank reinstated by the court which noted that his right to object existed even though he did not file conscientious-objector paperwork. German law now offers stronger protection for soldiers who refuse orders in an effort to break from the abuses of its Nazi past. Reuters has more. From Germany, Deutsche Welle provides local coverage.

[JURIST] With the likely retirement of US Chief Justice William Rehnquist [profile] in the coming weeks, senior White House officials are cutting down their list of candidates and interviewing the final contending federal appeals court judges to replace him. The short list includes Judge J. Michael Luttig [Wikipedia profile], Judge Samuel A. Alito Jr. [Wikipedia profile], and Judge John G. Roberts Jr. [profile]. Also included is current Attorney General Alberto Gonzales [JURIST report] because of President Bush's long and trusted relationship with him, though he would likely meet strong opposition from conservatives who see him as too moderate a replacement for Rehnquist. A White House official, speaking anonymously, said that Bush had been briefed on all the candidates but had yet to make a decision out of respect for Rehnquist, whom some speculate may not step down as soon as expected [JURIST report]. The Chicago-Tribune has more.

[JURIST] A grand jury in Washington, DC has indicted two men for the February 12 killing of Dorothy Stang [Sisters of Notre Dame de Namur profile], an American nun who was working in Brazil as an environmentalist. A landowner allegedly offered the two $20,000 for the killing, and faces separate charges in Brazil [official press releases]. It is thought that Stang's work got in the way of land development projects. The killing led Brazilian President Luiz Inacio Lula da Silva [Wikipedia profile] to step up efforts to ease conflicts between loggers, ranchers, and peasants. Bloomberg has more.

[JURIST] With the jury still unable to reach a verdict [JURIST report] and former HealthSouth CEO Richard Scrushy [JURIST news archive] unwilling to cut a deal [JURIST report] in his trial for accounting fraud, US District Judge Karon Bowdre summoned lawyers from both sides for a closed-door meeting Wednesday. Jurors earlier resumed deliberating after a two-day break, caused by one juror's undisclosed emergency and another's illness. Jury deliberations have been on and off for over a month. AP has more.

[JURIST] Diplomats from various Western nations have been permitted to examine conditions at Ethiopia's largest jail for the hundreds of protestors arrested after the disputed May 15 election [JURIST report] erupted into demonstrations and violence [JURIST report]. Officials from Ireland, Switzerland and the US visited the facilities Wednesday and a statement from the Irish Embassy said conditions at the jail were similar to those in other jails but questioned the justification in holding some prisoners being detained, especially women and children. Final results for the disputed election, only the second multi-party election in Ethiopia's history, are due July 8. Reuters has more.

[JURIST] A Sunni spokesman said Wednesday that a list of names submitted for the fifteen full committee seats on the drafting committee for the new Iraqi constitution [JURIST news archive] had been approved by the Shi'ite and Kurd politicians, despite earlier reports that the appointments had hit a snag when they were not properly endorsed [JURIST report] by a larger Sunni political group. The 15 seats were allocated to Sunni Muslims under a recent deal [JURIST report] with representatives of the other groups; 10 non-voting Sunni members are expected to be named later. In the meantime, however, full talks have been complicated by an electrical and water shortage in Baghdad affecting the National Assembly, now housed in a convention center in Baghdad's heavily-protected Green Zone. The initial deadline for agreement on a permanent national charter is August 15. Reuters has more.

[JURIST] A member of Japan's ruling Liberal Democratic Party [party website] said in a speech Wednesday that the International Military Tribunal for the Far East [Wikipedia profile] established after World War II may have unjustly tried and convicted Japanese war criminals. Lawmaker Masahiro Morioka [official website, in Japanese] previously enraged Japan's neighbours which suffered destruction and Japanese occupation in the conflict when he made a similar statement [Japan Today report] earlier this month, claiming that the Class-A war criminals [China Daily list] tried by the tribunal were not considered criminals in Japan, effectively enraging Japan's neighbors. Morioka's remarks were made at a conference honoring Japan's history and the passage of the country's traditions from one generation to the next. Reuters has more. The Asahi Shimbun has local coverage.

[JURIST] The first ten men to be tried in Sudan [JURIST news archive] for atrocities committed in the volatile Darfur region [BBC backgrounder; JURIST news archive] all pleaded not guilty Tuesday. The men, associated with the government-allied political group called the Popular Defense Forces, face charges [JURIST report] of rape and robbery. The trials commenced last Saturday in a Sudanese special court [JURIST report] after the government refused to have suspects tried abroad. The UN Security Council has asked the International Criminal Court [official website] to investigate war crimes in Darfur, but Sudan is thusfar refusing to allow the ICC to try its citizens abroad. Reuters has more.

[JURIST] The Russian Foreign Ministry [official website, in English] said Wednesday that Russia would be unable to submit an amended border treaty [JURIST report] with Estonia to the Russian parliament because amendments inserted by Estonia were an "unambiguously negative assessment in Russian society" [press release]. The changes made include indirect references to the Soviet-era occupation of the Baltic states, although Russia maintains that Estonia, Lithuania, and Latvia all voluntarily joined the Soviet Union. The announcement comes after almost a decade of difficulties trying to establish a border treaty between the two nations. Russia also refused to sign a similar treaty with Latvia [MosNews report] last month after similar amendments were made by Latvia to that treaty. AP has more; MosNews has local coverage.

[JURIST] The Special Inspector General for Iraq Reconstruction [official website] told a House subcommittee hearing focused on the US handling of the Development Fund for Iraq (DFI) [official website] on Tuesday that evidence relating to finances used for reconstruction has been handed over to the US Attorney [official profile] for the Eastern District of Virginia. Stuart Bowen Jr. [backgrounder] said the evidence points to three potential fraud cases, following an audit that found nearly $100 million from the DFI fund derived from Iraqi oil revenue and other Iraqi assets unaccounted for. Lawmakers have criticized the Pentagon for hiding information from auditors, especially regarding disclosures concerning government contractor Halliburton. The Washington Post has more.

[JURIST] A lawyer for the first Kuwaiti inmate to be freed [JURIST report] from the Guantanamo Bay detention center [JTF Guantanamo official website] argued before a Kuwait City tribunal Wednesday that his client should not be tried in Kuwaiti court and complained he was only given a summary of US interrogations. Nasser al-Mutairi was detained in Afghanistan in 2001 and freed after being held for three years. Following his release in January, al-Mutairi was charged for his involvement with foreign military forces without his country's permission, harming Kuwait by serving a "foreign country" and undergoing banned weapons training. Al-Mutairi's lawyer argued that Kuwait's criminal court system does not have jurisdiction because the alleged crimes were not committed in Kuwait and were not punishable in Afghanistan at the time. If convicted, al-Mutairi faces a minimum of three years in prison. AP has more. For information on other Kuwaiti detainees, visit Project Kuwaiti Freedom [advocacy website], sponsored by the Kuwaiti Family Committee.

[JURIST] Jassim al-Issawi, a Sunni Muslim Iraqi judge whose name was at one point on the list to serve on a parliamentary committee to draft Iraq's new constitution [JURIST news archive] was killed by gunmen in Baghdad on Wednesday. Al-Issawi, who was later dropped from the committee, also served as a law professor at Baghdad University [Wikipedia profile] and was the former editor-in-chief of Al-Siyadah newspaper. Al-Issawi's son was also killed in the attack. AP has more.

[JURIST] Eight men accused of recruiting people to carry out suicide bombings in Iraq have been jailed in Spain following several days of questioning, officials of the National Court [court website, in Spanish] announced Tuesday. Spanish Judge Fernando Grande-Malarska freed 3 other men, who were also part of the group arrested [JURIST report] last week, suspected of being members of al-Qaida in Iraq. Officials did not release the suspects names, but most are Moroccan. Reuters has more.

[JURIST] Documents released [linked list] by a US congressional panel Tuesday show that the UN Security Council was aware that Saddam Hussein was violating UN sanctions, but was so split that many breaches went unchecked. Among the breaches were maintaining diplomatic ties to other nations, encouraging other nations to start commercial flights to Baghdad, reopening an oil pipeline between Iraq and Syria and illegally imposing oil surcharges. In a statement to the US House Energy and Commerce Committee's Oversight and Investigations panel [official website] yesterday, Thomas Schweich, chief of staff at the US mission to the United Nations, described the UN sanctions committee [testimony transcript] as "increasingly contentious" and said US and British efforts to curb Hussein's abuses were often "negated by other members' desires to ease sanctions on Iraq." Reuters has more.

[JURIST] Citing recent attacks, Israel announced Wednesday it has resumed a policy of "targeted assassinations" of Islamic Jihad militants, abandoned in February as part of a ceasefire deal. The policy has proved controversial, with critics disputing its legality [EJIL article] and questioning whether such killings are committed in self-defense, whether they necessary to prevent immediate threats, and whether those targeted should be considered enemy combatants. Israeli Public Security Minister Gideon Ezra [official profile] confirmed a failed missile attack against militants in Gaza Tuesday following a meeting [BBC coverage of the summit] between Israeli Prime Minister Ariel Sharon and Palestinian National Authority Chairman Mahmoud Abbas. Reuters has more. The American Society for International Law provides a backgrounder.

[JURIST] France's Justice Ministry [official website] announced Wednesday that it would appeal the "lenient" sentences imposed on French peacekeeping soldiers convicted Tuesday [JURIST report] by a Paris military court of robbing an Ivory Coast bank while supporting a UN peacekeeping operation in the area. Eight of the soldiers were sentenced to a year in jail, while the other four were given sentences of between two and eight months. Defense Minister Michele Alliot-Marie said "given the facts, the sentences are insufficient." BBC News has more.

[JURIST] The US House of Representatives [official website] is scheduled to vote Wednesday on HJ Res. 10 [text of resolution], a proposed constitutional amendment to criminalize the desecration of the American flag. If it passes in the House, it will go to the Senate for approval, then must be ratified by 38 states. Opponents [ACLU press release] of the measure believe it restricts First Amendment freedom of expression rights [First Amendment Center flag burning webpage] and argue that a constitutional amendment has not been used to restrict personal freedoms since Prohibition. Proponents [Citizens Flag Alliance website] argue there is public support for protecting the flag. Previous votes on flag burning have passed in the house, but failed to win support of two-thirds of the Senate. The US Supreme Court has ruled that flag burning is a form of protected speech [Supreme Court history on flag burning]. Lawmakers believe the measure may pass because of the conservative leanings of the current Senate. AP has more.