[JURIST] The European Court of Human Rights (ECHR) [official website] ruled [judgment text] Thursday that Russian authorities were responsible for the deaths of four members of a Chechen family. The court ordered Russia to pay $114,000 to the family of Zura Sharaniyevna Bitiyeva, who was a political figurehead and anti-war campaigner in Chechnya. She, her husband, one of their sons, and her brother were all shot in the head in 2003. The ECHR found that the killings were carried out by Russia state workers, and that Russian authorities failed to thoroughly investigate the killings. Russia has three months to appeal the ruling.

Last month, the ECHR ruled [JURIST report] in another case that Russian authorities were responsible for the 2001 death of a Chechen man who died after he was taken into Russian custody during a raid. In April, the ECHR ordered Russia to compensate a Chechen woman [JURIST report] for the disappearance and alleged killing of her husband in 2000. The president of the ECHR has said almost a fifth of the 90,000 complaints currently before the court name the Russian government as a defendant. AP has more.

[JURIST] The US House of Representatives [official website] Thursday passed a measure by 223-201 that would reverse a ban on contraceptive aid to overseas agencies that offer abortions. The measure, introduced by Rep. Nita Lowey (D-NY) [official website], is attached to bill HR 2764 [PDF text], appropriating $34.2 billion for the Department of the State and for foreign aid inr 2008. The amendment would allow contraceptive aid to be given to nongovernmental agencies overseas, regardless of whether they promote or provide abortions.

The aid ban, originally called the Mexico City Policy [Wikipedia backgrounder], was initially introduced under President Ronald Reagan in 1984 and required nongovernmental organizations to agree as a condition of their receipt of US funds that they would neither perform nor actively promote abortion as a method of family planning in other nations. This policy was in effect until it was rescinded on January 22, 1993. President George W. Bush reinstated the policy [memorandum text] in January 2001. The measure passed Thursday is expected to be swiftly vetoed by the president if it obtains Senate support. AP has more.

[JURIST] The Iraq Central Criminal Court [Wikipedia backgrounder] handed down 16 death sentences Thursday, the latest such sentences in a country with the fourth highest execution rate in the world [JURIST report]. Two of those sentenced were non-Iraqi Arabs arrested earlier this year for entering the country illegally and for engaging in terrorist activities. Nine Iraqis were sentenced for kidnapping and torturing, while four were sentenced for involvement in terrorist activities, including conspiring to kill an Iraqi doctor. One Iraqi was sentenced to death for leading the Ansar Al-Sunna [GlobalSecurity backgrounder] insurgent group and for his involvement in attacks against Iraqi authorities.

On Tuesday, a UN rights expert urged Iraq to suspend the death penalty [JURIST report], saying that the use of capital punishment violates the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights [texts]. The death penalty in Iraq was reinstated in 2004 after being suspended by the US-led Coalition Provisional Authority following the fall of Saddam's regime after the 2003 US invasion. In April, Amnesty International reported [JURIST report] that more than 270 people have been sentenced to death in Iraq since 2005, and more than 100 have actually been executed. Iraqi officials have consistently dismissed criticisms of the country's use of capital punishment, saying that the death penalty is a fundamental component of implementing Islamic law. KUNA has more.

[JURIST] Former US Attorney General John Ashcroft [official profile] said Thursday at a closed-door hearing held by the US House Intelligence Committee [official website] that there had been divisions between members of the Bush administration as to whether the president's warrantless wiretapping program [JURIST news archive] was legal. The House Intelligence Committee and its Senate counterpart are reviewing the 1978 Foreign Intelligence Surveillance Act [text], and its relation to the domestic eavesdropping program. AP has more.

Also on Thursday, the Senate Judiciary Committee [official website] voted 13-3 to authorize Committee Chairman Senator Patrick Leahy (D-VT) [official website] to issue subpoenas for documents relating to the legal basis [press release] of the wiretapping program. Leahy cited a lack of cooperation by the Bush administration in seeking the subpoena power. Both Leahy and Republican ranking member Senator Arlen Specter (R-PA) [official website] repeatedly sought the release of the documentation [JURIST report], but to no avail. Controversy over the program grew drastically [JURIST report] after it was discovered that Attorney General Alberto Gonzales [official profile], then White House counsel, attempted to persuade Ashcroft to reauthorize the warrantless wiretapping program while Ashcroft was incapacitated in the hospital, critically ill with pancreatitis [JURIST report]. NPR has more.

[JURIST] UK Minister of State for Security, Counter Terrorism, and Police Tom McNulty [official profile] told Parliament Thursday that an Iraqi suspect subjected to a UK government control order [BBC backgrounder; JURIST news archive] is believed to have absconded [statement] Monday evening, making him the seventh UK terror suspect to have disappeared while under the controversial measure authorized by the Prevention of Terrorism Act [text]. McNulty said the individual, who cannot be identified pursuant to an anonymity order, has been under a control order since November 2005 and has been subjected to the strictest controls, adding that the government was forced to relax the control order following legal setbacks in the courts [JURIST report].

There are currently 17 control orders in force, which UK Home Secretary John Reid [official profile] characterized in May as being "far from the best option" [JURIST report] in the fight against terrorism following the disappearance of three suspects. Reid blamed judges and critics of the government for the lack of tougher rules. Current rules allow the government to use control orders to restrict the freedom of persons suspected to be national threats when there is not enough evidence to charge them or hold them for trial. BBC News has more.

[JURIST] The US Environmental Protection Agency [official website] proposed tougher standards for US air quality Thursday, recommending reducing the amount of ground-level ozone [press release; advisory committee report, PDF] from 0.08 parts per million (ppm) to between 0.07 and 0.075 ppm. The EPA is also seeking comments about the possibility of leaving the level at 0.08 ppm, or reducing it to as low as 0.06 ppm. Ground level ozone, which is harmful to the lungs and aggravates asthma, is the primary component of smog. In a conference call with reporters EPA Administrator Stephen L. Johnson [official website] said the move was made in response to scientific evidence that "the current standard is insufficient to protect public health," and that the only reason the EPA is taking comments on keeping the old standard despite this evidence is to hear the full range of opinions.

Pro-environment Clean Air Watch [advocacy website] President Frank O'Donnell identified political pressure [press release] as the reason why Johnson is seeking comments about leaving the level at what was found to be insufficient to protect public health. O'Donnell also said Clean Air Watch is heavily concerned about industry lobbying, citing recent visits to the White House by groups who would be affected by the change. On Thursday, the National Association of Manufactures [advocacy website] said it will ask the Bush administration to maintain the current standard [press release], arguing that the manufacturing industry is still spending billions each year to meet the 0.08 ppm standard enacted in 1997. AP has more.

[JURIST] Ugandan Minister of Internal Affairs Ruhakana Ruganda told IRIN News Thursday that Uganda intends to "engage" the International Criminal Court (ICC) [official website; JURIST news archive] in an effort to obtain review of charges against leaders of Uganda's Lord's Resistance Army (LRA) [MIPT backgrounder; JURIST news archive]. Ruganda said that while the Ugandan government does not condone impunity for violators of human rights, the ICC needs to be sympathetic to the peace process in Uganda. Uganda hopes to convince the ICC to agree to a balance of accountability and reconciliation, with the LRA leaders held accountable within Ugandan jurisdiction. Uganda [JURIST news archive] is expected to approach the ICC only after the it has reached a final settlement with the LRA.

The Ugandan government, which is currently in the process of negotiating a peace deal with the LRA to end two decades of civil war, has found the ICC's refusal to cancel indictments against LRA leaders to be a major obstacle [JURIST reports] in finalizing a peace agreement. LRA leaders fear that they will be held criminally responsible for allegedly orchestrating the killing of thousands of civilians and the enslavement of thousands more children. IRIN News has more.

ALSO ON JURIST  Op-ed: Catch-22 in Uganda: The LRA, the ICC, and the Peace Process

[JURIST] South Korean President Roh Moo-Hyun [BBC profile] filed a petition at the Constitutional Court of South Korea [official website, in Korean] Thursday, challenging a ruling by the National Election Commission [official website, in Korean] that Roh violated election neutrality laws for the second time in a month by repeating criticism of the opposition Grand National Party (GNP) [official website, in Korean]. Presidential spokesperson Cheon Ho-Seon said that Roh should not be restricted by election neutrality laws because Roh was an elected official and not a career civil servant. Current South Korean election laws require government officials to maintain neutrality before national elections. Cheon also said that election laws should not restrict the freedom of expression, restrictions which Cheon says are unfair because Roh is prohibited from responding to direct criticism by the opposition. The top court has 30 days to decide whether it will hear the petition, and 150 days following its decision to make a ruling.

Roh has called for reforms to the election laws [JURIST report] and has also campaigned for South Korea to allow presidents to seek multiple terms. Current law limits presidents to a single five-year term. Roh was impeached in March 2004 by the National Assembly of South Korea for violating election neutrality laws. In May 2004, the Constitutional Court reinstated Roh [JURIST report] despite finding Roh to have violated the law, ruling that the violation was insufficient to warrant impeachment. South Korea's next presidential election is slated for December 19, 2007. AFP has more.

[JURIST] Australian Prime Minister John Howard [official website] said in an interview with Sky News Thursday that his government will not commit to making changes [transcript] called for in an official report on eliminating discrimination against same-sex couples [JURIST news archive]. The Australian Human Rights and Equal Opportunity Commission [official website] report released Thursday recommends legislative changes to 58 federal laws [press release; report text] to end discrimination against same-sex couples in areas such employment, workers' compensation, veterans' entitlements, health care subsidies, family law, senior care and immigration law. Howard said that he would have to study the report before deciding on any potential changes, but said that there was "no possibility of our attitude in relation to gay marriage changing."

Howard had no comment about a national poll released Thursday that found that a majority of Australians support same-sex marriage [JURIST news archive]. The poll, conducted by Galaxy Research [corporate website] and reported by political group GetUp! [advocacy website] found that in a sample of 1100 Australians over the age of 16, 57 percent support same sex marriage [press release and results, PDF], while 71 percent support giving same-sex couples identical legal rights as "those in a heterosexual de facto relationship." Howard said he will not comment without obtaining more analysis on the poll results. AP has more. The Australian has additional coverage.

[JURIST] Human Rights Watch (HRW) [advocacy website] Wednesday called for Iran to stop using the death penalty for juveniles [press release] convicted of serious crimes. HRW said that Iran has executed offenders who committed crimes when they were as young as 15. With at least 17 juvenile offenders executed since the beginning of 2004, eight times more than any other country, Iran leads the world in the practice. Iran is a party to both the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights [texts], and HRW said that both treaties "prohibit the imposition of the death penalty for crimes committed before the age of 18."

Although some Iranian officials have outright denied that juveniles are executed, others have indicated that the Iranian Parliament [official website] is seeking to establish special juvenile courts to end the practice. HRW said that Iranian judges have the discretion to order the execution of a juvenile offender if the convicted defendant was "mentally mature," and urged that this discretion be revoked. AP has more.

[JURIST] The US, France, and the UK circulated a draft UN Security Council resolution Wednesday seeking to postpone plans for Kosovo's independence for 120 days to facilitate further discussions with Serbia and Russia, which oppose independence. Kosovar Prime Minister Agim Ceku [official website] nonetheless urged the international community to quickly adopt a UN-supervised independence plan for Kosovo [JURIST news archive], saying that the Kosovar people's desire for an identity should not be held "hostage" to the opposition.

Also on Wednesday, Ceku's cabinet criticized [press release] comments made by ICTY chief prosecutor Karla Del Ponte [official profile], who had proposed a delay of Kosovo's status resolution [Reuters report] until Bosnian Serb fugitives Radovan Karadzic [ICTY case backgrounder; BBC profile] and Ratko Mladic [ICTY case backgrounder; JURIST news archive] have been arrested. Del Ponte fears that an independent Kosovo could discourage Serbia from cooperating with the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website]. The Kosovo government said Del Ponte's statements were "unacceptable" and "trespassed" the boundary between the judiciary and politics.

In April, Kosovo's parliament voted 100-1 to support a UN plan [JURIST reports] to establish an independent Kosovar state under UN supervision. The Serbian parliament, the current sovereign authority over the one-time Yugoslav province, has rejected the plan [JURIST report], condemning it as "offensive to Serbia, the Serb people, and the international community as a whole." AFP has more.

[JURIST] Pakistani Foreign Minister Khurshid M. Kasuri [official profile] has said that President Pervez Musharraf will not resort to martial law in the midst of continuing anti-government agitation by lawyers and opposition groups because it is "unconstitutional." In an interview [transcript; recorded audio] with PBS Tuesday, Kasuri reiterated Musharraf's pledge to "work within the confines of the constitution" despite protests against Musharraf's suspension of Chief Justice Iftikhar Muhammad Chaudhry [official website; JURIST news archive]. Kasuri also said President Bush continues to have full faith in the leadership of Musharraf, and that Bush believes Musharraf "is the man who's leading to a transition to civil democracy," adding that the three months of protests against the Chaudhry's suspension are a demonstration of Pakistan's commitment to free press and judicial independence. Express India has more.

On Thursday, an estimated 5,000 lawyers and opposition leaders protested Chaudhry's suspension and the United States' continued support for Musharraf in the eastern city of Lahore. The lawyers were participating in a once-a-week boycott in cities across Pakistan. The demonstrations have previously led to clashes between protesters and police [JURIST report]. Anne Woods Patterson, current nominee to serve as US ambassador to Pakistan, testified before Congress Wednesday that the State Department is confident that Musharraf's government will respect the ruling of the Supreme Court of Pakistan [official website], adding that she was confident that Musharraf will not declare a state of emergency and suspend the constitution. AP has more. AFP has additional coverage.

The Supreme Court of Pakistan ruled last week that it has jurisdiction over legal disputes involving the legality of Chaudhry's March 9 suspension [JURIST report]. The ruling, which frustrated efforts by government lawyers to dismiss the Supreme Court challenge [JURIST report], means that the high court will proceed to hear the merits of Chaudhry's petition [JURIST report].

[JURIST] The US Supreme Court handed down decisions in three cases Thursday, including Rita v. United States [Duke Law case backgrounder; JURIST report], where the Court held that a prison sentence falling within the federal sentencing guidelines may be presumed to be a reasonable sentence on appeal, but the presumption of reasonableness is not binding. Victor Rita was convicted of obstructing justice and making false statements in a federal grand jury investigation. Rita's lawyer argued that because of Rita's poor health he should be sentenced to less jailtime than the 33 to 41 months recommended by the sentencing guidelines. The trial judge refused to take Victor's individual health into account and imposed a 33-month sentence. The decision was later upheld [opinion, PDF] by the US Court of Appeals for the Fourth Circuit, and the Supreme Court affirmed the Fourth Circuit Thursday. Read the Court's opinion [text] per Justice Breyer, along with a concurrence [text] from Justice Stevens, a second concurrence [text] from Justice Scalia, and a dissent [text] from Justice Souter.

In Tellabbs v. Makor Issues & Rights [Duke Law case backgrounder; JURIST report], the Court held that plaintiffs bringing a lawsuit under the Private Securities Litigation Reform Act of 1995 [PDF text] must show an "inference of scienter" that is "more than merely plausible or reasonable - it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent" in order to meet the law's specific pleading requirements. The ruling comes in a case where shareholders brought a lawsuit against Tellabs [corporate website], alleging that the company intentionally deceived the public about its financial future, ultimately costing its shareholders millions of dollars. The PSLRA requires [15 USC 78u-4(b)(2) text] plaintiffs in their complaint to "state with particularity facts giving rise to a strong inference that the defendant acted with the required state of mind." The Court overturned the Seventh Circuit's decision [PDF text; order modifying opinion, PDF]. Read the Court's opinion [text] per Justice Ginsburg, along with a concurrence [text] from Justice Scalia, a second concurrence [text] from Justice Alito, and a dissent [text] from Justice Stevens.

Finally, the Court held in Tennessee Secondary School Athletic Association v. Brentwood Academy [Duke Law case backgrounder; JURIST report] that the TSSAA's attempt to enforce its no-recruiting rule did not violate Brentwood Academy's First Amendment rights. The TSSAA fined the school and suspended it for four years after a Brentwood football coach sent a letter inviting 12 eighth-graders to spring training. The students had already signed agreements to attend the school in the fall. In 2001, the Supreme Court decided the TSSAA was a state actor [decision text] and could be be sued for alleged First Amendment violations. On remand, the Sixth Circuit ruled on the merits in favor of the school [decision text, PDF]. The Supreme Court reversed this decision Thursday, holding that "an athletic league's interest in enforcing its rules sometimes warrant curtailing the speech of its voluntary participants." The Court also determined that the TSSAA held a fair hearing in the case and did not violate Brentwood's due process rights. Read the Court's opinion [text] per Justice Stevens, along with a concurrence [text] from Justice Kennedy and a second concurrence [text] from Justice Thomas.

[JURIST] Thai prosecutors formally filed corruption charges against former Thai Prime Minister Thaksin Shinawatra [BBC profile; JURIST news archive] and his wife Pojamarn at the Supreme Court of Justice Thursday, charging the exiled Thaksin with abuse of power for personal gain, conflict of interest violations, and also dereliction of duty for personal gain. The charges stem from a 2003 land purchase by Pojamarn from the government-directed Financial Institutions Development Fund [official website], which is currently valued at approximately $23.7 million. The court is expected to announce whether it will hear the charges on July 10.

Attorney General Phatchara Yutithamdamrong has recommended the seizure of the land [JURIST report]. The Assets Examination Committee (AEC) has also ordered the seizure of additional Thaksin family assets, valued at $245.7 million, saying that funds had been shifted from accounts frozen [JURIST report] last week shortly before that order was issued. The AEC recommended that charges be brought [JURIST report] against Pojamarn and other members of Thaksin's family in February and other investigations are ongoing. Investigators have been having difficulty linking Thaksin to corruption [JURIST report], which was the stated reason for last year's bloodless coup [JURIST report]. Thaksin has complained that the charges against him amount to a persecution, and has called the AEC findings "libelous, unfair, and unethical." AP has more. The Bangkok Post has local coverage.

[JURIST] The Supreme Assembly of Tajikistan [official website] voted unanimously Wednesday to approve an amnesty proposed by President Emomali Rahmon [official website, in Tajikistani], paving the way for Rahmon to reduce the sentences of hundreds of Islamic militants imprisoned for fighting against the government during the 1992-1997 Tajikistani Civil War [Wikipedia backgrounder]. The amnesty will not reduce the sentences of militants convicted of terrorism, multiple murders, kidnapping, human trafficking, or those sentenced to serve life imprisonment.

At least 50,000 people were killed during the five-year civil war, which ended following the signing of a UN-sponsored armistice. The UN Mission of Observers in Tajikistan (UNMOT), which was deployed in December 1994 to monitor a ceasefire established by the Tehran Agreement [PDF text], remained in Tajikistan until May 2000 following the expiration of its mandate to monitor the peace and demobilization process. AP has more.

[JURIST] US Homeland Security Secretary Michael Chertoff [official profile] has criticized a bipartisan amendment to the Comprehensive Immigration Reform Act of 2007 [S 1348 summary; JURIST report] that seeks to loosen the worker verification program by requiring employers to verify only the immigration status of new job applicants. In a letter sent late Tuesday to Sen. Edward Kennedy (D-MA) and Sen. Arlen Spector (R-PA) [official profiles], Chertoff called the move a "step backwards" in the federal government's efforts to enforce border security and immigration laws. The amendment, sponsored by Sen. Chuck Grassley (R-IA), Sen. Max Baucus (D-MT), and Sen. Barack Obama (D-IL) [official profiles], would also remove a requirement mandating that employees use the controversial federal REAL ID [JURIST news archive], instead allowing employees to use driver's licenses or other recognized forms of identification. The three senators dismissed the criticism Wednesday as "erroneous and misleading," saying that their proposal seeks to repair a deeply flawed system.

The immigration reform [JURIST news archive] bill, which failed a cloture vote [JURIST report] two weeks ago, is currently stalled as the Senate works on an energy bill. Senators are looking to revive the bill [JURIST report] before the July 4 recess. Opponents of the immigration reform bill say it amounts to "amnesty" for up to 12 million undocumented immigrants currently in the United States, and others have objected to restrictions on the right of legal immigrants to bring their families to the US. AP has more.