[JURIST] The US Supreme Court [official website; JURIST news archive] on Wednesday heard oral arguments in Clark v. Arizona [Duke law case backgrounder; merits briefs], 05-5966, a case in which the Court will decide the constitutionality of Arizona statutes governing insanity defenses in criminal cases. In June 2000 at the age of 17, Eric Clark, a diagnosed paranoid schizophrenic, shot and killed police officer Jeff Moritz because he allegedly believed that Moritz was an extraterrestrial. Clark was subsequently convicted of first-degree murder. The trial court prevented Clark from introducing evidence that he did not "knowingly and intentionally" commit the crime and ruled that it could only admit the evidence as part of an affirmative insanity defense. The court also held that the evidence did not satisfy the burden for an affirmative insanity defense, which requires defendants to prove that they "did not know the criminal act was wrong." The trial court's ruling was upheld on appeal [decision, PDF].

Clark's lawyers argued that the narrow standard for an affirmative insanity defense and the trial court's refusal to admit the evidence to negate mens rea both violated Clark's constitutional rights to due process under the Fourteenth Amendment. State attorneys contend that the Arizona laws ensure that defendants are prosecuted for their crimes and argued against ruling in favor of a right to an insanity defense under the constitution. During arguments, the justices focused heavily on the particular facts of the case and could hand down a narrow ruling that will apply only to Clark, avoiding a decision which could require states to revisit their insanity defense statutes. AP has more.

Also Wednesday, the Court announced that it will rehear arguments in Hudson v. Michigan [Duke law case backgrounder; merits briefs], 04-1360, where police officers with a search warrant entered Hudson's home without first knocking and announcing their presence. Federal circuit and state courts are split on whether evidence seized after a violation of the Fourth Amendment "knock and announce" rule should be suppressed under the exclusionary rule or whether the inevitable discovery doctrine permits the evidence to be used at trial. Oral arguments were originally heard [JURIST report] in January while Justice Sandra Day O'Connor was on the court, and the rehearing is probably for the benefit of her replacement, Justice Samuel Alito. Reuters has more.

[JURIST] The defense team in the sentencing trial [case docket] of Zacarias Moussaoui [BBC profile; JURIST news archive] on Wednesday called several witnesses in an effort to prevent a death sentence for the convicted Sept. 11 conspirator, including two family members of Sept. 11 victims, and more mental health experts. In stark contrast to the dozens of victims' relatives who testified for the prosecution, jurors heard Marilynn Rosenthal and Robin Therkauf, who lost a son and a husband, respectively, ask for a life sentence instead of capital punishment for Moussaoui.

Psychiatrist Michael First testified that Moussaoui suffers from paranoid schizophrenia and is unable to prepare an adequate defense. Moussaoui's attorneys allege that he believes President Bush will order his release, which First believes has caused Moussaoui to lash out at his defense team [JURIST report] and fabricate testimony that conflicts with al Qaeda leaders' version of 9/11 [JURIST report]. AP has more.

[JURIST] The US Department of Defense [official website] on Wednesday released the first official list of prisoners [PDF] held at Guantanamo Bay [JURIST news archive], including the names of people who were the earliest detainees at the detention facility. The Pentagon released the list of 558 detainees in response to a Freedom of Information Act [text; summary] lawsuit [JURIST report] filed in March by the Associated Press [media website] that had sought the release of records and identities of all Guantanamo detainees. The detainees came from 41 countries with the greatest numbers coming from Saudi Arabia, Afghanistan and Yemen. The military held Combatant Status Review Tribunal (CSRT) [DOD materials] proceedings for all 558 pursuant to the Supreme Court's ruling [JURIST report] that they must receive hearings, and all but 28 were classified as enemy combatants.

Previously, names of prisoners have been released [JURIST report] in transcripts of the CSRT hearings. However, the information was often incomplete or obfuscated by the bulk of the materials. AP has more.

[JURIST] The US Equal Employment Opportunity Commission [official website] on Wednesday issued a new compliance manual [text; press release] that is meant to clarify how employers and employees should interpret anti-discrimination laws found in Title VII of the Civil Rights Act of 1964 [text; EEOC backgrounder]. EEOC Chair Cari M. Dominguez said that the manual "applies to a wide range of contemporary discrimination issues" including discrimination through the recruitment, hiring and promotion processes and also addresses harassment and retaliation in the workplace.

Title VII, which remains unchanged by the issuance of the new guidelines, prohibits discrimination in employment on the bases of race, color, religion, sex or national origin. Earlier this week, the US Supreme Court heard oral arguments [JURIST report] in a case that will decide the standard to determine employer liability when an employee alleges retaliation for filing a claim under Title VII. AP has more.

[JURIST] Internet company Yahoo [corporate website] may be responsible for leading Chinese police to the identity of a pro-democracy activist [press release] who was sentenced to four years in prison, Reporters Without Borders [advocacy website] said Wednesday. Jiang Lijun was jailed in 2003 for allegedly promoting democracy through "violent means" on the Internet. According to Reporters Without Borders, Jiang's 2003 guilty verdict [PDF text, in English] relied on evidence that connected Jiang with an email account known to be used for distributing pro-democracy information, evidence which likely came from Yahoo, but could have come from another activist-turned-informant who also used the account. Yahoo has not commented on the case, but has insisted that it must comply with local laws [JURIST report].

Jiang is the third such activist that Yahoo has been accused of helping police identify. Also in 2003, Yahoo allegedly supplied information that sent Chinese journalists Li Zhi and Shi Tao to prison for eight and ten years respectively. Wednesday's accusations come as Chinese President Hu Jintao [official profile] meets with President Bush later this week. The two are expected to discuss, among other things, freedom of press issues. In another case which has received attention, a lawyer for a Chinese New York Times researcher said earlier this week that the journalist could still face trial [JURIST report] for allegedly disclosing military secrets. AP has more.

[JURIST] The Texas Third Court of Appeals [official website] on Wednesday upheld a lower court decision [JURIST report] dismissing a conspiracy charge [JURIST document] against US Rep. Tom DeLay [official website; JURIST news archive]. DeLay was indicted on money laundering and conspiracy charges [JURIST report] last year, but Senior District Judge Pat Priest dismissed the conspiracy charges [JURIST report], ruling that the former House majority leader could not be tried for conspiracy to violate the state election code for his actions in 2002 because the law was not enacted by the legislature until 2003. The money laundering charge still stands though a trial date has not yet been set.

DeLay was forced to step down from his position last year as House majority leader after being indicted and earlier this month, DeLay announced that he would resign his seat [JURIST report] in the US House of Representatives. AP has more. The Houston Chronicle has local coverage.

[JURIST] The Israel High Court of Justice [official website] has ruled that the Israeli government can continue construction of the security fence [IDF website] it has been building around the city of Jerusalem, rejecting Palestinian requests for injunctions to delay work near several Palestinian villages. The court reasoned that because Palestinians would no longer be restricted in their travel in the area, the Israel government was authorized to complete the barrier. The Court particularly noted that new roads and checkpoints around the West Bank have made travel for Palestinians much easier in the area. In the case, Palestinians had requested the Court issue an injunction stopping further construction of the barrier, but the Court refused to do so.

In September of last year, the high court upheld the security barrier [JURIST report] in the West Bank, but urged the government to review the barrier's route through areas that did not have demonstrated security concerns. That ruling by the Israel high court came despite an earlier advisory opinion [text; JURIST report] by the International Court of Justice [official website] claiming the fence violated international law. Haaretz has more.

[JURIST] The Italian Court of Cassation [official website, in Italian] on Wednesday confirmed [statement, DOC] that Romano Prodi [campaign website, in Italian], former Italian prime minister and head of a center-left coalition, was the winner of the disputed April 9-10 general elections [JURIST report; BBC Q/A] over current Prime Minister Silvio Berlusconi [official profile; JURIST news archive]. The court certified the results after judges reviewed the validity [JURIST report] of more than 5,000 provisional ballots, though the court's announcement was not unexpected as preliminary results [in Italian] from the Italian Interior Ministry [official website] put Prodi ahead by as many as 24,000 votes.

Berlusconi had refused to concede the election [BBC report], saying there had been polling irregularities. His regime has been marked by scandal, with an indictment for corruption [JURIST report] last month and charges of false accounting [JURIST report] and bribery [JURIST report] last year in connection with the media business that Berlusconi's family owns. Berlusconi has always maintained his innocence, claiming that the charges are politically motivated. BBC News has more.

[JURIST] Nepal police on Wednesday arrested approximately 250 college professors who were protesting in the town Pokhara against the direct government of King Gyanendra [official profile; BBC profile]. Organizers set up the demonstration in violation of government-imposed curfew meant to curb pro-democracy rallies [JURIST report]. Gyanendra's government has previously announced that anyone violating the curfew would be immediately shot.

Gyanendra seized power [JURIST report] in Nepal last year because he believed it necessary in order to bring political stability and to stop the threat of a Maoist uprising in the country. Ian Martin, head of the Office of the UN High Commissioner for Human Rights in Nepal [official website] on Wednesday said that both Maoist guerrillas and the Nepal army have committed flagrant human rights violations [Reuters report] since the two groups declared a cease fire [JURIST report] earlier this year.

Nepal has seen an upsurge in pro-democracy protests [JURIST news archive] in the past several days, even after Gyanendra called for general elections [JURIST report] and a dialogue with his political opponents last week. Over the past two weeks, eight people have died in protests against the royal government, including two protesters who were shot by police [BBC report] on Wednesday. AP has more. eKantipur.com has local coverage.

[JURIST] The Federal Election Commission [official website] on Tuesday announced [press release] that mortgage corporation Freddie Mac [corporate website] has agreed to pay a $3.8 million fine [agreement text, PDF] to settle accusations that it directly raised campaign funds for members of Congress in violation of federal election laws. Freddie Mac agreed not to contest the charges brought by the FEC, and the FEC has promised not to pursue further investigations of the company's former lobbyist Mitchell Delk, former CEO Leland Brendsel, or any others involved in the alleged illegal activity.

Freddie Mac, which was chartered by Congress in 1970 to stabilize the mortgage market, had no political action committee, and conducted its political fund raising directly. The FEC accused the corporation of using its corporate funds to do so, in violation of federal election laws. The FEC's investigation documents allege that, among other things, Freddie Mac held more than 75 fund raising events and raised more than $3 million for members of the House Financial Services committee. The $3.8 million fine is the largest ever levied by the FEC in a civil enforcement action. USA Today has more.

[JURIST] Leading Tuesday's international brief, following China and Russia's block of an attempt to implement targeted sanctions [JURIST report] in the UN sanctions committee on Sudan against four Sudanese officials alleged to have intentionally hindered the peace process in the Darfur region [JURIST news archive] of Sudan, the US has proposed an official Security Council [official website] resolution that calls for the same sanctions to be imposed by the Security Council itself. The move will force Russia and China to decide if they wish to go on record as opposing the sanctions, since a simple "concerned objection" as allowed in the sanctions committee will have no effect on the resolution. If they wish to stop the sanctions from proceeding, one of the two permanent members would be forced to use its veto, a public act often avoided by permanent members for fear of political backlash. The US warned that it would put the sanctions to a vote following the block by Russia and China [JURIST report] on Tuesday. The names of the four officials will not be released unless the resolution is approved. JURIST's Paper Chase has continuing coverage of Sudan [JURIST news archive]. The Sudan Tribune has local coverage.

In other international legal news ...

• Four members of the Hamas government whose residency permits were revoked on Tuesday in response to the Monday suicide bombing in Jerusalem have announced their intent to appeal the ruling to the Israeli Supreme Court [official website]. The three legislators and one cabinet member had their right to permanently reside in Jerusalem revoked by the Israeli government as a response to Hamas' official statement that Monday's suicide bombing was an 'act of self-defense' by an oppressed population. The Israeli government said that the act was not intended to establish precedent for removing Palestinian residency rights in Jerusalem, but was a legitimate response to state-sponsored terrorism by the Hamas party. JURIST's Paper Chase has continuing coverage of Israel [JURIST news archive]. The Jerusalem Post has local coverage.
  
  
• US President George W. Bush has announced his intention to lend American weight to the ongoing investigation into the assassination of former Lebanese Prime Minister Rafik al-Hariri [JURIST news archive]. Bush told reporters that America would assist in the investigation to discover who was responsible for the assassination after a meeting with current Lebanese Prime Minister Fouad Siniora. Lebanon began a steady shift away from its decade's long Syrian oppression after a UN report [JURIST report] implicated Syrian involvement in the assassination. Siniora is a member of the ruling anti-Syrian political party in Lebanon and has been touted as a fresh hope for democracy in the region. Reuters has more.
  
  
• Iraq's General Integrity Committee (GIC) has announced plans to work with the Ministry of Foreign Affairs to meet the official requirements necessary for Iraq to become a signatory to the UN Convention against Corruption [text]. The head of the GIC told reporters that all necessary legal and diplomatic steps were being investigated to ensure that Iraq could lawfully join the convention. He also emphasized the need for substantial methods capable of providing a check on government corruption and said that the rule of law in Iraq depended on the ability of the nation to fight corruption. JURIST's Paper Chase has continuing coverage of Iraq [JURIST news archive]. MENAFN has local coverage.

[JURIST] The Office of the United Nations High Commissioner for Refugees (UNHCR) [official website] said Wednesday that there has been a sharp decline in the number of asylum seekers globally and warned that asylum seekers worldwide face increasing threats as they are "portrayed not as refugees fleeing persecution and entitled to sanctuary, but rather as illegal migrants, potential terrorists and criminals." In the 2006 State of the World's Refugees report [text; press release] released Wednesday, the UNHCR points to the Sept. 11 terror attacks [JURIST news archive] as a turning point when states began to increasingly cite security concerns as a reason for tighter restrictions that inhibit the movement of refugees and other asylum seekers.

The report said that the return of millions of people to nations such as Afghanistan, Angola and Sierra Leone was a major factor in the global decline in the number of refugees and asylum seekers in recent years but added that millions of displaced people have few viable options, citing 33 groups of at least 25,000 refugees that have been in exile for more than five years. Reuters has more.

[JURIST] American businessman Philip H. Bloom pleaded guilty Tuesday to charges of conspiracy, bribery and money laundering in a corruption scandal that continues to expand as investigators find "more cases of a similar vein in the pipeline." In his guilty plea, Bloom, who was charged [JURIST report] last year, admitted providing Robert J. Stein [Wikipedia profile], a former US official with the Coalition Provisional Authority [official website] and other officials with more than $4 million in bribes, gifts and stolen Iraqi oil proceeds in exchange for massive contracts for three construction companies Bloom operated in Iraq during the reconstruction effort. In an intricate scheme, Bloom allegedly transferred funds from banks in Romania, Switzerland and the Middle East to bank accounts of other suspects. Stein pleaded guilty [press release; JURIST report] to conspiracy, bribery, money laundering and other charges in February.

Earlier this year, US authorities arrested [press release; JURIST report] Faheem Mousa Salam, a US government contractor working as a translator for Titan Corporation in Iraq, on bribery charges after he allegedly offered $60,000 to an Iraqi police official to help push a sale of 1,000 armored vests and a map printer for over $1 million in violation of the Foreign Corrupt Practices Act (FCPA) [text]. The New York Times has more.

[JURIST] Raouf Abdel-Rahman [BBC profile], the chief judge in the Saddam Hussein trial [JURIST news archive], read out a report by prosecution experts as the trial resumed Wednesday that authenticated the former leader's signature on several more documents submitted into evidence [trial exhibits]. Reading from the report, Rahman said "The writing and signatures ... that are related to Saddam Hussein match his handwriting and signatures." Handwriting experts first testified Monday [JURIST report] that some of the signatures on documents connected with the execution of 148 Shiite villagers belonged to Hussein and Wednesday's report covers additional pieces of evidence submitted by the prosecution. The documents include an execution order [text] allegedly signed by Hussein and Barzan Ibrahim [Trial Watch profile], Hussein's brother-in-law and former director of intelligence. The two have refused to provide handwriting samples [JURIST report], and Barzan claims that his signature was forged. Hussein refuses to confirm or deny that the signatures are his. Ibrahim on Wednesday called the report a "script" authorized by the prosecution and repeated claims for "a non-biased and non-Iraqi committee" of experts. The trial has been adjourned until Monday.

If convicted of the Dujail charges [JURIST report], Hussein and his seven co-defendants could face the death penalty. The prosecution is also preparing a second trial in which Hussein will face genocide charges [JURIST report] involving the killings of over 100,000 Kurds in 1980. AP has more.