[JURIST] The Iraqi National Assembly Tuesday approved new anti-terror legislation with stiff penalties for those convicted under it, including the death penalty [JURIST report] for those found guilty of financing or provoking terrorism. The new law comes as a violent insurgency has grown increasingly worse [JURIST report] while Iraq struggles to prepare for a referendum on its draft constitution [JURIST news archive]. The new law also requires life imprisonment for those convicted of concealing terrorist activity or provides shelter for terrorists. Although the legislation passed with overwhelming support for legislators present, a faction of Shiite lawmakers walked out of the session in protest over the definition of "terrorism" in the law. The law uses a Western definition that includes suggestions of violence, while the Islamic definition does not include suggestions of violence as terrorism. Also on Tuesday, an Iraqi court found 28 people guilty of terrorism under the old law, and sentenced them to between 10 and 20 years in prison. AP has more.

[JURIST] A defense lawyer for fugitive Gen. Ante Gotovina [ICTY factsheet] said in an interview Tuesday that his client would surrender to authorities if he is allowed to face trial in his home country of Croatia. Currently, Gotovina would face trial for alleged crimes during the Serbo-Croatian war at the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] at The Hague. Carla del Ponte, chief prosecutor for the ICTY, has said that prosecuting Gotovina is one of the tribunal's top priorities, and that Croatia has recently been co-operating [JURIST report] with the effort to bring him to justice. The charges against Gotovina are closely related to those of two other suspects whose cases have already been referred back to Croatian courts. AP has more.

[JURIST] The US has expressed concern about changes to electoral laws [JURIST report] made by the Iraqi National Assembly that appear to make it more likely that the Iraqi constitution [JURIST news archive] will not be defeated in an Oct. 15 referendum. State Department spokesman Sean McCormack said Tuesday that the changes made by Shiite and Kurd politicians were an interpretation of Iraq's interim constitution, the Transitional Administrative Law [text], that did not square with the text and spirit of that law. The alterations, approved Sunday, require a simple majority to approve the constitution, while two-thirds of registered voters (as opposed to actual voters) in three provinces must vote against the draft for it to fail. The change could have a significant impact in Sunni-dominated areas of the country where voter turnout is expected to be low. McCormack said the issue would have to be resolved by the National Assembly and the Independent Electoral Commission of Iraq [official website; English version]. The UN has also expressed disapproval of the change [JURIST report] and has called for a review of the new rules. AFP has more.

[JURIST] Leading Tuesday's states brief, a North Carolina appeals court ruled [text] today that a September 2001 state law that raised income taxes on top-wage earners to 8.25% for the entire year is constitutional. Plaintiffs argued that the law [text] amounted to a retroactive tax in violation of the state constitution because they had already paid taxes through employee withholdings or estimated payments. The majority found the tax was not retroactive because the income tax owed by individuals does not become final until the end of the tax year. The increase was to last for two years, but after subsequent renewals the tax extends through 2007. AP has more.

In other state legal news ...

• The Ohio Supreme Court has announced [case announcement] that it will review an appeals court ruling [PDF text] upholding a municipality's authority to take property for commercial development. Homeowners contend that the city is misusing its eminent domain power. An attorney for the Institute of Justice [Institute press release] said the decision will be closely watched as this is one of the first major state court cases after the US Supreme Court's decision in Kelo v. New London [JURIST report]. The Senate State and Local Government Committee was expected to approve a bill today that would freeze any eminent domain actions that place private developers in control of land until 2006. AP has more.
  
  
• A Washington Court of Appeals has ruled [text] that the names of teachers accused of sexual misconduct must be released to the public, even if the claims are unsubstantiated, but school districts do not have the release the names of teachers who were falsely accused. Judge Mary Kay Becker wrote that unsubstantiated claims are different from false claims in that unsubstantiated claims are ones in which "a firm conclusion cannot be made." The Seattle Times [newspaper website] was seeking sexual misconduct records, including teacher's names, for a story when several teachers filed injunctions against the school districts to prevent the release of the records. The Seattle Times has local coverage.

[JURIST] A Pakistan [JURIST news archive] military court sentenced four men to death and two others to life imprisonment on Tuesday for their roles in an attempted assassination of President Pervez Musharraf [official website; BBC profile] in 2003. A statement by the Pakistan Air Force said the six low-ranking military staff members had been tried over a six-month period ending Monday for the Dec. 13, 2003, attempt to bomb a motorcade Musharraf was traveling with in Rawalpindi. Two others had previously been convicted in connection with the attack, one of whom was put to death, while five others were tried and sentenced to death for a separate assassination attempt later that month. Musharraf has been targeted by radical Islamist groups following his support for the US in its war on terrorism. Reuters has more.

[JURIST] The US Trustee Program [official website], a division of the US Department of Justice, announced Tuesday that for people living in Louisiana and southern Mississippi it would waive a new requirement that those filing for bankruptcy undergo credit counseling. Many had expressed concern [JURIST report] that the new Bankruptcy Abuse Prevention & Consumer Protection Act [PDF text], approved last spring [JURIST report] and set to take effect Oct. 17, would worsen the situation for many already financially stricken by Hurricane Katrina [JURIST news archive]. Trustees, who help manage the nation's bankruptcy system, have authority to waive the credit counseling requirement in areas where no agencies are available to provide counseling to filers. Credit counseling agencies have been approved to serve Louisiana and Mississippi, but none of the agencies are actually located in the states. Other provisions of the new law that require more people to file for Chapter 13 bankruptcy requiring some repayment still are set to take effect later this month. The US Trustee Program has a news release on the announcement. AP has more.

[JURIST] The Belgian Foreign Ministry [official website] said Tuesday that Rwanda has agreed to hand over Guy Theunis, a Belgian Catholic priest accused [JURIST report] of helping incite the 1994 Rwandan genocide [JURIST news archive], to the Belgian government. Last month, Karel de Gucht [official profile], Belgium's foreign minister, formally requested [JURIST report] that Theunis be transferred to Belgium to face trial for his alleged involvement in the genocide. Thus far, Theunis has denied any involvement in the 1994 killings. Reuters has more.

[JURIST] The South Korean Unification Ministry [official website] on Tuesday announced plans to repatriate up to 28 North Korean prisoners that have remained detained in the south following the Korean War [BBC backgrounder]. The "long-term prisoners" are mostly former spies and soldiers captured while in the southern part of peninsula. The move has triggered outrage among some in the South who are angry that the repatriation will not require a similar release of prisoners held by North Korea [JURIST news archive]. The South Korean government has agreed to compensate families [JURIST report] of those kidnapped by the North. Officials said the list tentatively included 28 prisoners to be repatriated, although they predicted that some may change their minds about returning to the North as many did during similar proceedings in 2000. The Korean Times has more.

[JURIST] UK Home Secretary Charles Clarke [official profile] urged the UN on Tuesday to support Britain's efforts to deport suspected militants [JURIST report] to countries believed to engage in torture. Clarke's made the call in response to statements UN Special Rapporteur on Torture [official website] Manfred Nowak, who last month urged Britain [JURIST report] not to deport any extremists to such countries. Britain is trying to make bilateral agreements with various countries that they not torture deportees once they arrive in their home jurisdiction. In seeking UN support for the UK initiative, Clarke noted that the European Court of Justice has already implemented safeguards against deportation to countries engaged in torture. Reuters has more.

[JURIST] President Bush defended his latest pick for the US Supreme Court [JURIST report] on Tuesday after some leading conservatives questioned the judicial philosophy of White House counsel Harriet Miers [official profile]. Bush told reporters [White House transcript] that Miers "shares my philosophy that judges should strictly interpret the laws and the Constitution of the United States, and not legislate from the bench." Miers' nomination has been attacked by conservative politicians and commentators who argue that Miers is an unknown quantity rather than a clear-cut jurist such as Justices Antonin Scalia or Clarence Thomas [Oyez profiles]. Senator Sam Brownback (R-KA) [official website] said Tuesday he was disappointed with the selection [AP report] of a candidate without clear views on same-sex marriage and abortion. Conservative commentator and radio host Rush Limbaugh [show website] asserted [partial broadcast transcript] that Bush's pick "was made from weakness" and that it was an "unnecessary roll of the dice." Gary Bauer of American Values [advocacy website] also criticized the president for picking a nominee who has no record "on anything that matters to the people who elected George Bush." Focus on the Family [advocacy website] chief James Dobson, however, expressed support [news release] for Miers' nomination, saying she appeared to be consistent with previous judicial nominations by Bush. The White House has enlisted Vice President Dick Cheney and scores of other Bush loyalists to lobby conservatives on Miers' behalf. Response to the nomination so far appears to be mixed [JURIST report]. AP has more.

[JURIST] Former head of Russia oil giant Yukos Mikhail Khodorkovsky [defense website; JURIST news archive] announced Tuesday that he would file a second appeal of his conviction [JURIST report] on fraud and tax evasion charges. Last month, a Moscow appeals court rejected [JURIST report] Khodorkovsky's initial appeal [PDF backgrounder], but reduced his nine-year sentence by one year. In this second stage of the appeals process [backgrounder], the Moscow court may decide whether to accept the appeal or let the lower court ruling stand. The case may ultimately be appealed to the Supreme Court of the Russian Federation [official website]. RIA Novosti has more.

[JURIST] The Aceh Monitoring Mission (AMM) [official website] urged Indonesia on Tuesday to study the cases of about 100 prisoners who may have been overlooked in a sweeping grant of amnesty to more than 2,000 members of the Free Aceh Movement [BBC profile]. The grant of amnesty was a pivotal issue in the historic peace accord [PDF text; JURIST report] signed in August. The European Union-led AMM also insisted that the Indonesian government [official website in Bahasa Indonesian; CIA backgrounder] examine whether the prisoners had a real claim to amnesty and also said that it would use its authority to rule on any disputed cases. JURIST's Paper Chase has continuing coverage of Indonesia [JURIST news archive]. Reuters has more.

Previously in JURIST's Paper Chase...

• Indonesia releases Aceh rebels according to amnesty agreement
• Indonesia, Aceh rebels disagree on jurisdiction of human rights tribunal
• Indonesia confirms amnesty for GAM members
• Indonesian government, Aceh rebels sign peace accord

[JURIST] The UN-affiliated Special Court for Sierra Leone [official website; JURIST news archive] wrapped up a pledging conference [UN press release] by receiving $10 million from UN member states, but fell more than halfway short of the tribunal's $25 million goal. The $25 million is the amount needed to continue trying those accused of committing serious crimes during Sierra Leone's civil war in the 1990s. UN Deputy Secretary-General Louise Fréchette [official profile] told the conference, "We are determined that the Court, after three years of important achievements and with trials at an advanced stage, must not now fail due to lack of resources." The court, which operates on voluntary contributions and UN funding, is unique in that it sits in the country where war crimes were committed, allowing victims to witness justice first-hand and easing the process of national reconciliation. UN Under-Secretary-General for Legal Affairs Nicolas Michel [official profile] said the UN will continue to work with member states to reach the court's funding goal. Reuters has more. UN News has additional coverage.

[JURIST] Louisiana Attorney General Charles Foti [official profile] announced Monday that six hospitals, including the state's major public hospital, Charity Hospital, and thirteen nursing homes are under investigation [JURIST report] to determine whether they mishandled evacuations, abandoned, or euthanized patients when help did not arrive quickly following Hurricane Katrina [JURIST news archive]. At least 140 elderly patients are believed to have died in nursing homes and hospitals during and after the storm. Tenet Healthcare Corporation [corporate website] issued a statement [press release] Sunday that the Attorney General had "removed certain records and other materials" from one of its New Orleans facilities and that the company intends to search all of its facilities under investigation. Last month, Louisiana filed negligent homicide charges [JURIST report] against the owners of a nursing home where 34 elderly residents died. AP has more.

[JURIST] The European Union imposed sanctions on Uzbekistan [government website, in English; JURIST news archive] Monday for refusing to investigate the deadly suppression of a May uprising [JURIST report]. The sanctions, which include suspending a cooperation accord, imposing an arms embargo, cutting aid to the country, and banning responsible Uzbek officials from traveling to Western Europe, stem from the violent suppression of a protest of economic conditions in Andijan. Human rights groups claim as many as 700 people were killed [JURIST report], while Uzbek officials put the number at 187. European officials have pressed Uzbekistan to allow an independent international investigation into potential human rights violations. Monday's decision is the first time the EU has halted a "Partnership and Cooperation Agreement" [Uzbek-EU agreement, PDF], which contains a provision requiring "respect for democracy, principles of international law and human rights." AP has more. HRW has background on the Andijan incident. Read more about the EU's relations with Uzbekistan [EU backgrounder].

[JURIST] The US has circulated a draft UN resolution calling for the UN's peacekeeping force in Liberia [JURIST news archive] to arrest former Liberian president Charles Taylor [PBS profile] if he tries to return from his exile in Nigeria. The resolution would extend the mandate of the 15,000 member peacekeeping force to apprehend Taylor without additional approval and transfer him to Sierra Leone for prosecution. Taylor was indicted [text] by the Special Tribunal for Sierra Leone [official website; JURIST news archive] in 2003 for supporting the insurgency of rebels in Sierra Leone, but was granted asylum in Nigeria, which has refused to hand him over for prosecution [JURIST report]. UN Security Council [official website] experts meet Tuesday to discuss the draft resolution, which expresses appreciation to Nigeria and its President "for their contributions to restoring stability in the West African sub-region," but, emphasizing that Taylor's return to Liberia "would constitute an impediment to stability and a threat to the peace of Liberia and that of the sub-region," calls for the extension of the UN mandate so that Taylor can be transferred directly to Sierra Leone. AP has more.

[JURIST] The first federal fraud charges stemming from the online collection of Hurricane Katrina [JURIST news archive] donations have been filed against Gary S. Kraser, a federal prosecutor in Miami announced Monday. Kraser is accused of collecting nearly $40,000 in donations over the Internet by falsely claiming he was a pilot flying supplies to victims [Shreveport Times report] and needed donations to cover the cost of fuel. US Attorney R. Alexander Acosta said Kraser collected donations from 48 people around the world, but that most of the money had been returned. Authorities were tipped to the fraud based on a complaint about the website, and the FBI Internet Fraud Complaint Center [official website] conducted the investigation. Last month, US Attorney General Alberto Gonzales outlined priorities [JURIST report] for a new Hurricane Katrina Fraud Task Force [DOJ special report]. Federal authorities in California have charged two people with fraudulently soliciting donations [JURIST report] offline after the hurricane. AP has more.

[JURIST] The United Nations [official website] Tuesday called on Iraq's National Assembly to review recently revised rules [JURIST report] for the upcoming October 15 referendum [JURIST report] on the proposed Iraqi constitution [JURIST news archive]. The National Assembly convened Sunday and adopted an interpretation of the Transitional Administrative Law [text] that creates two different thresholds for the referendum. Under the new interpretation, only a majority of those actually voting must vote in favor of the draft, but the charter can only be defeated by a 'no' vote from two-thirds of registered voters in three or more provinces. According to a legal adviser to the UN's electoral team in Iraq, the UN has told Iraqi leaders that "the decision that was taken was not acceptable and would not meet international standards." Reuters has more.

Meanwhile, UN officials have begun distributing copies of the proposed constitution in preparation for the national referendum, with some copies having already been released in Baghdad and the southern cities of Basra and Kerbala. 4 million copies have been printed in Arabic, 250,000 in Turkoman, and 150,000 in Syriac languages. So far, there have been no reports of violence against those circulating the document. The UN is also trying to downplay a leaked internal memo [Newsweek report] which highlights the document's weaknesses and called it "a model for territorial division of the state." UN spokesman Stephane Dujarric said "it should come as no surprise that within the UN staff who deal with Iraq there would be papers analyzing latest developments in that country, but it's an internal analysis." Dujarric also said that Iraqis will have to judge the constitution for themselves. AP has more.

[JURIST] Egypt reassured the US Monday that Sami Al Laithi, an Egyptian man who was released [JURIST report] from Guantanamo Bay [JURIST news archive] last week and tranferred to Egypt, would be "treated humanely, in accordance with Egyptian and international legal obligations." A Pentagon spokesman issued a statement that the US would not extradite an individual to a country where he was likely to be persecuted, but despite this promise, rights groups, including Amnesty International [advocacy website] and the Center for Constitutional Rights [advocacy website], fear that Laithi will be tortured [AI press release] because of Egypt's history of human rights violations and state sponsored torture. Laithi lawyer Clive Stafford-Smith filed a motion to prevent his return to Egypt but the court turned it down and the US transferred Laithi without notice. Reuters has more.

[JURIST] MCI [corporate website] agreed Monday to pay $331 million to 16 states and the District of Columbia to settle allegations that the company illegally classified transfers between subsidiaries to avoid paying state taxes as part of the WorldCom accounting fraud [JURIST news archive]. Two separate settlements were negotiated, one giving $315 million to 15 states and DC, the other giving North Carolina $16 million. According to a statement [text] from Pennsylvania's Attorney General, 16 states conducted a joint audit after MCI-WorldCom filed for bankruptcy in 2002, marking the first time state taxing authorities have joined together to investigate tax fraud in the bankruptcy context. The states involved in the settlements are Alabama, Arkansas, Connecticut, Florida, Georgia, Iowa, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania and Wisconsin. Earlier this year, MCI reached a settlement agreement with Mississippi [JURIST report], agreeing to pay over $100 million to cover back taxes owed by WorldCom. AP has more.

[JURIST] The European Union [official website] officially opened accession negotiations [EU press release, PDF] Tuesday with Turkey [JURIST archive] after member states were able to overcome a deadlock on whether to offer Turkey full membership [JURIST report]. Late Monday, Austria withdrew its opposition to full membership [BBC backgrounder] and Ankara agreed to conditions included in the EU's negotiating framework [PDF text]. The forthcoming negotiations are expected to take more than 10 years, as deep pre-accession reforms need to be made in Turkey. The bid is a culmination of a more than 40-year effort [Turkish MOFA backgrounder] by Turkish diplomacy to begin the integration process with the EU. BBC News has more. The EU has background on its enlargement negotiations with Turkey.