[JURIST] Four doctors and a New Jersey pharmaceutical company were acquitted Monday of all criminal charges surrounding the dissemination of a tainted blood clotting product in Canada in the 1980s and 1990s, a public health disaster that infected more than 20,000 people with hepatitis C and more than 1,000 people with HIV. Ontario Superior Court Justice Mary Lou Benotto [OBA profile] refused to assign fault to former Canadian Red Cross [official website] national medical director Dr. Roger Perrault, former Health Canada [official website] officials Dr. John Furesz and Dr. Donald Boucher, and former Armour Pharmaceutical executive Dr. Michael Rodell, finding that their conduct failed to show wanton and reckless disregard for human life. The resultant death toll from the tainted blood has been difficult to calculate but, in 1997, the official number of fatal victims reached more than 3,000.

The defendants were charged with allowing the HIV-infected clotting product Factorate to be distributed [FDA news release] to hemophilia patients. The tainted blood scandal prompted a full-scale Canadian government inquiry [final report, PDF], a transfer of Red Cross operation of Canadian blood donation efforts to the new Canadian Blood Services [official website] organization, and finally, in May 2005, a public apology [transcript] by Canadian Red Cross leadership. Attention to the case was such that Justice Benotto banned foreign media from the courtroom [JURIST report] and ruled that reporters could not reveal the identities of victims. CBC News has more.

[JURIST] The US Federal Bureau of Investigation (FBI) said Monday that it would send a team of investigators to Iraq to study the circumstances surrounding a September shooting incident involving employees of the privately contracted security firm Blackwater USA [corporate website] that left 11 Iraqi civilians dead. According to the FBI, the US State Department [official website] has asked it to determine whether criminal charges should be pursued against the guards involved in the September 16 shooting. The US House Committee on Oversight and Government Reform released a report Monday noting that Blackwater fired 122 employees, more than one-seventh of its workforce in Iraq, in the past three years based on inappropriate behaviors involving alcohol, drugs, weapons and violence. The report also reveals Blackwater has been involved in an estimated 1.4 shootings a week in Iraq since 2005. Although private security firms are only authorized to use defensive force by the US State Department, Blackwater employees fired the first shots in more than 80 percent of the 195 incidents.

On September 16, Blackwater guards allegedly fired on civilians, killing 11 and prompting the Iraqi government to withdraw Blackwater's operating license [JURIST report]. In response to domestic outrage, the Iraqi Interior Ministry is proposing draft legislation to be submitted to the Iraqi parliament that places private security contractors under Iraqi legal jurisdiction. The Iraqi judiciary is also probing the killings [JURIST report] to determine whether to proceed with a criminal prosecution. AP has more.

[JURIST] The trial of controversial al-Dustour [media website] editor Ibrahim Eissa [al-Ahram profile] on charges of allegedly spreading "rumors" about the health of Egyptian President Hosny Mubarak [official profile] in an August newspaper report began in Cairo Monday. Eissa chose not to appear for the beginning of his trial, but told reporters that "[t]he whole political society feels the danger of a state that is laying an ambush against journalists and freedom of expression." Last June, Eissa was sentenced [JURIST report] to one year in prison for publishing a report critical of Mubarak, but an appeals court reduced the sentence to a $4,000 fine. Monday's trial was adjourned after opening remarks, and is scheduled to resume on October 24. Eissa faces up to three years in jail if found guilty. AP has more.

Under Egyptian law, citizens may file lawsuits against individuals who make statements that harm society, and the accused can face criminal punishment if found guilty. Last month, a court sentenced the editors of four tabloids [JURIST report] for publishing criticisms of Mubarak and the ruling National Democratic Party. Many rights groups have criticized Egypt in recent years for its stance on freedom of expression. Last week, the Bush administration, in commenting on a recent order by the Egypt government mandating the closure of the Association for Human Rights Legal Aid [advocacy website], expressed concern about "setbacks on press freedom and civil society" in Egypt, calling recent decisions a "contradiction" of the Egyptian government's "stated commitment to expand democratic rights." Mubarak has previously pledged to decriminalize press offenses [JURIST report], but has yet to do so.

[JURIST] A new law protecting private property in China took effect Monday, after it was approved [JURIST report] by the Chinese National People's Congress [official website] in March. Chinese lawmakers considered the bill for over 13 years and it underwent multiple drafts [JURIST report] before legislators agreed on a final version. The law grants equal protections to both public and private property and states that the "property of the state, the collective, the individual and other obliges is protected by law, and no units or individuals may infringe upon it."

The absence of clear-cut property laws in China [JURIST news archive] has meant that local officials could expropriate property from businesses and private citizens without compensation and convert it into commercial real estate. The law was supported by China's entrepreneurial community and is the first first bill in China's history to specifically protect private ownership. Xinhua has more.

[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [transcript, PDF] Monday in Board of Education of the City of New York v. Tom F. [Duke Law case backgrounder; merit briefs], 06-637, in which the Court considered whether the Individuals with Disabilities Education Act (IDEA) [text] allows tuition reimbursement to the parents of a disabled student when the child has not previously received special education or related services from a public school, or if such an allowance stands in contradiction to 20 U.S.C. s.1412(a)(10)(C)(ii) [text] which allows reimbursement when the child has previously received such services. Tom F. was awarded continued tuition reimbursement under IDEA after his disabled child spent two years attending private school after Tom F. successfully challenged the public school district's Individualized Education Plan for his son as inadequate. The trial court reversed the administrative ruling, holding that the child was not entitled to tuition reimbursement because he had not previously received education services from a public agency. In reversing the trial court, the US Court of Appeals for the Second Circuit [official website] upheld [order, PDF] the reimbursement mandated by the administrative body stating that IDEA did not preclude tuition reimbursement in this situation. AP has more.

The Court also heard oral arguments [transcript, PDF] in Washington State Grange v. Washington State Republican Party [Duke Law case backgrounder; merit briefs], 06-713, consolidated with Washington v. Washington State Republican Party, 06-730, where the Court considered whether Washington's system for primary elections violates the First Amendment right of freedom of association. State Initiative 872 instituted a "top two" primary system in 2004, which allows voters to select any candidate in the primary, with the top two vote-getters facing off in the November election, even if they are from the same party. The Ninth Circuit held [opinion text, PDF] that the initiative imposed a burden on the First Amendment rights of the Republican party with no justifying compelling state interest because it permitted candidates to claim association to a party without a requirement of any actual relationship with the party. AP has more.

[JURIST] The European Court of Human Rights (ECHR) has confirmed its ruling that a Polish woman's rights were violated when she was denied an abortion based on medical concerns that the pregnancy may cause her to go blind. Alicja Tysiac suffered a retinal hemorrhage after delivering her child by cesarean section in November 2000. The ECHR ruled [DOC text] in March that Poland violated of Article 8 of the European Convention on Human Rights [text] by prohibiting the Tysiac from obtaining an abortion. Polish Prime Minister Jaroslaw Kaczynski appealed [JURIST report] that decision, arguing that the ruling threatened to undermine Poland's strict anti-abortion laws, but the ruling was upheld last week. Polish law allows abortions only when a woman's life or health is threatened by pregnancy, the baby is likely to be handicapped, or when a pregnancy is a result of rape. The ECHR found, however, that the Polish government did not provide any procedural framework to resolve a dispute concerning whether a medical exception should be granted, or to facilitate "effective mechanisms capable of determining whether the conditions for obtaining a lawful abortion had been met."

Tysiac's case reached the ECHR [JURIST report] in February 2006. She had on multiple instances requested a certificate for the termination of her pregnancy on the risk to mother's health exception, but was denied. After her pregnancy and resulting injury, Tysiac was declared "significantly disabled" by a panel of doctors. The ECHR ordered Poland to compensate Tysiac 39,000 euros (approximately $52,000) in non-pecuniary damages, costs and expenses. The Irish Times has more.

[JURIST] Israel [JURIST news archive] released 57 Palestinian detainees Monday in a gesture of good will toward Palestinian President Mahmoud Abbas [BBC profile], just days before a planned peace conference sponsored by the US. Last week, the Israeli cabinet approved the release of 90 Palestinians [JURIST report], the remainder of whom currently remain in detention due to procedural delays.

Monday's prisoner release was the second in recent months. Israel released 255 Palestinian prisoners [JURIST report] in July after the government determined that the detainees were not directly involved [press release] in the killing or wounding of Israelis. Similar to the current release, the prisoners were released in an effort to strengthen the moderate Fatah against more-hardline Hamas, which violently took over the Gaza Strip [BBC backgrounders] in June. Palestinian infighting between the Islamist-Hamas and the secular-Fatah has established two parallel Palestinian governments in the West Bank and Gaza. AP has more. Haaretz has local coverage.

[JURIST] Houston oil tycoon Oscar Wyatt [NYT profile] pleaded guilty Monday to a charge of conspiracy to commit wire fraud for his involvement in the Iraq Oil-for-Food scandal [JURIST news archive]. Wyatt pleaded guilty to only one of five charges against him for his alleged payment of millions of dollars in bribes in return for oil contracts in Iraq. Wyatt remains out of prison on bail until his sentencing in November, but may not leave the US.

US Attorney for the Southern District of New York [official website] Michael Garcia charged and arrested Wyatt [JURIST report] and two Swiss bankers in 2005 for their involvement in the scandal. The now-defunct UN Oil-for-Food program [UN materials] allowed the Iraqi government of Saddam Hussein, under UN sanctions in the wake of the first Gulf War, to sell limited stocks of oil in return for foodstuffs and other humanitarian supplies. Hussein's regime nonetheless bribed foreign officials and commercial interests so it could sell oil on the black market, embezzling over $1 billion in program funds and perhaps as much another $10 billion from other sources. Reuters has more.

[JURIST] The US Supreme Court [official website] Monday turned back a number of cases brought before it for review, including the appeal [docket] of Yemeni Guantanamo Bay detainee Salim Ahmed Hamdan [Trial Watch profile; JURIST news archive] challenging the constitutionality of the military commission system. Hamdan was allegedly a driver for Osama bin Laden before his capture and incarceration at Guantanamo Bay [JURIST news archive] and last year successfully challenged President George W. Bush's military commission system when the Supreme Court ruled [opinion, PDF; JURIST report] that the commission system as initially constituted violated US and international law. Congress subsequently passed the Military Commissions Act of 2006 [JURIST news archive], but Hamdan argued that the current law still violates his rights. He had hoped the Supreme Court would consider his case along with those of other detainees challenging their detention at Guantanamo Bay [JURIST report]. AP has more.

Other noteworthy rejections included:

• Catholic Charities of the Diocese of Albany v. Dinallo [docket], in which Catholic Charities argued that a New York state law, which requires all employers to offer contraceptives as part of their employees' prescription benefits, violates the groups' First Amendment rights of freedom of religion. AP has more.
  
  
• Faith Center Church v. Glover [docket], where Faith Center Church appealed a Ninth Circuit Court of Appeals decision [opinion, PDF] permitting public libraries to prohibit religious groups from using the library space to hold religious services. AP has more.
  
  
• R.J. Reynolds v. Engle [docket], in which tobacco companies challenged a Florida Supreme Court decision [opinion, PDF] that judicial findings in a dismissed class action lawsuit brought against tobacco companies could be used in later suits brought independently by former members of the class. The tobacco companies were appealing on the grounds that the conclusions of the state court were too general to be applied to individual cases. AP has more.

[JURIST] A new law criminalizing the incitement of religious hatred came into effect [press release Monday in England and Wales. The Racial and Religious Hatred Act [text] makes intentionally stirring up hatred against people on religious grounds punishable by a jail sentence of up to seven years. Previously, certain religious groups also deemed to be ethnic designations, such as Jews and Sikhs, received protection under laws against racial hatred; groups like Muslims and Christians that were only considered to be religious received different treatment under the law. The act is also seen as an important counter-balance to anti-terror laws which have been viewed as disproportionately targeting Britain's Muslim population. Critics have argued that the law will undermine [JURIST report] the freedom of satirists, comedians and writers, and stifle legitimate discussion about religion and religious practices.

The law was approved by Parliament [JURIST report] in early 2006, but under a statutory instrument [text], was not scheduled to take effect until October 1. Ekklesia has more. The Guardian has additional coverage.

[JURIST] A Chinese dissident writer has been formally arrested [CRD press release] in Hangzhou on charges of "inciting subversion of power," advocacy group Chinese Human Rights Defenders said Sunday. Lu Gengsong was initially detained on August 24 on suspicion of subverting state power and illegal possession of state secrets but the second charge was dropped. Human Rights in China had protested [press release] his initial detention as "the most recently reported instance of the crackdown by Chinese authorities on rights defenders in the run-up to the 2008 Olympics."

In August, Human Rights Watch reported that China is clamping down on human rights activists [press release; JURIST report] and other political dissidents ahead of the Beijing 2008 Olympics [official website]. HRW said that leaders in the Communist Party of China [official backgrounder], fearing that activists will embarrass the party by highlighting political and social problems during the games, have also silenced independent media coverage. Amnesty International also reported [text; press release] in August that China has not kept its promises to improve human rights and press freedom [JURIST report] in preparation for the Olympics since the Chinese government has recently committed an increasing number of rights abuses against political and religious opponents. AP has more.

[JURIST] Eight more detainees have been transferred from Guantanamo Bay [press release], the US Defense Department said Sunday. According to the DOD announcement, six detainees were transferred to Afghanistan, one was transferred to Libya and one to Yemen. The names of the eight men were not released nor was the reason for their detention. A Yemeni newspaper reported on Sunday that Yemeni detainee Ali Mohamed Nasser had been released [Observer report] and returned to Yemen. The Defense Department also announced the transfer of one detainee [press release] from Guantanamo Bay [JURIST news archive] to Mauritania on Friday. While his name was not released the announcement said that "the transfer is a demonstration of the United States' desire not to hold detainees any longer than necessary."

The Department of Defense transferred 16 detainees [press release; JURIST report] to Saudi Arabia in early September and another six detainees [press release; JURIST report] in early August, with five released to Afghanistan and one to Bahrain. Approximately 70 detainees are eligible for transfer or release out of the 330 detainees currently at Guantanamo. The Chicago Tribune has more.

[JURIST] The US Supreme Court [official website; JURIST news archive] begins its fall term Monday with oral arguments [SCOTUS materials] in cases concerning the Individuals with Disabilities Education Improvement Act and the state of Washington's primary election system. Among the high-profile cases the Court will consider during October Term 2007 [case list, PDF] is Boumediene v. Bush [JURIST report], consolidated with Al Odah v. United States, where the Court will consider the constitutionality of the habeas corpus-stripping provisions of the Military Commissions Act of 2006 [JURIST news archive], which prevent "enemy combatants" held at Guantanamo Bay [JURIST news archive] from challenging their detentions in federal court.

The Court has also agreed to hear [JURIST report] a challenge to the lethal injection [JURIST news archive] protocols used by 37 states. In Baze v. Rees, the Court will consider whether a commonly used three-drug "cocktail" violates the Eighth Amendment prohibition on cruel and unusual punishment because death row inmates suffer pain during their executions. The Court is additionally due to consider the legality of an Indiana law that requires voters to present photo identification as a prerequisite to voting, one of several controversial voter ID laws [JURIST news archive] adopted by states in recent years. The New York Times has more. Reuters has additional coverage.

ALSO ON JURIST  Op-ed: Pausing the Machinery of Death: The Supreme Court Takes Baze

[JURIST] Pakistani Chief Justice Iftikhar Mohammed Chaudhry [JURIST news archive] and the Supreme Court of Pakistan [official website] on Monday ordered three Islamabad law enforcement officials to be suspended over Saturday's crackdown on lawyers and journalists [JURIST report] protesting the reelection bid of Pakistani President Pervez Musharraf [BBC profile] outside the Election Commission of Pakistan (ECP) [official website]. Interior Secretary Kamal Shah quickly responded to Chaudhry's order to immediately suspend [UK Times report] Islamabad's city and district police chiefs and the deputy head of the city administration after medics reported that hospitals treated 83 people from Saturday's protest. The ECP, which formally accepted Musharraf's nomination as a presidential candidate Sunday after the Supreme Court ruled [JURIST report] that Musharraf's re-election bid could proceed, recently implemented rule changes [press release] allowing Musharraf to remain as army chief while he campaigns for a third-term.

Opposition parties have threatened to have their lawmakers resign from Parliament [official website] on Tuesday in protest of Musharraf's candidacy, while leaders in the North West Frontier Province [official website] said they would dissolve the provincial assembly [NWFP backgrounder]. Musharraf supporters responded by submitting a no-confidence motion against the province's top elected official to stall the dissolution until after the October 6 presidential election because a no-confidence motion must be voted on before dissolution can occur. AP has more.

ALSO ON JURIST  Op-ed: Staying Pakistan's Presidential Election

[JURIST] Unofficial results of Constituent Assembly elections in Ecuador [JURIST news archive] on Sunday give the ruling coalition led by President Rafael Correa [official website, in Spanish; personal website] a landslide victory. Though Correa claimed an immediate victory, opposition leader Gilmar Gutierrez said he will refuse to accept a leftist victory until the Supreme Electoral Tribunal [official website, in Spanish] certifies the results in a few weeks. Initial results give Correa's party between 70 and 79 assembly seats, well above the required 66-seat majority.

The newly elected assembly will be tasked with creating a new constitution. Last April, Correa proposed convening a constitutional assembly after a referendum overwhelmingly supported [JURIST report] his call to rewrite the country's current constitution [text, in Spanish]. The assembly will likely be charged with instituting reforms to restrain powerful political parties [JURIST report], increase government accountability, and hold regional, rather than national, elections. Critics fear that Correa will use the assembly to expand presidential power. In April, Congress dismissed the prior constitutional tribunal judges after they ordered the reinstatement of 50 lawmakers [JURIST report] who were dismissed [JURIST report] in February by the country's electoral tribunal for allegedly interfering in the referendum. AFP has more.

[JURIST] Bangladeshi property tycoon Ahmed Akbar Sobhan and his family were convicted in absentia by Bangladesh's anti-corruption commission [governing statute, PDF] of evading taxes amounting to $1.2 million and sentenced to five years in jail Sunday. Sobhan, chairman of property conglomerate Bashundara Group [corporate website], left Bangladesh when the government listed him as one of the country's 50 most corrupt people. In addition to the five year prison term, Sobhan was sentenced to three years in prison for making false statements to authorities. Sobhan, his wife, and three sons will begin serving their sentences when they are arrested or surrender. AFP has more. The Daily Star has local coverage.

Sobhan's conviction comes amid a government crackdown on corruption [JURIST news archive; Bangladeshnews.com report]. Last month former Prime Minister Begum Khaleda Zia [UN profile] and her son were arrested on corruption and misuse of power charges [JURIST report], just one day after former Prime Minister Sheikh Hasina Wajed [party profile; JURIST news archive] was charged with corruption and taking bribes [JURIST report]. In August, the Bangladesh Supreme Court sentenced UN Special Rapporteur Sigma Huda [official profile, DOC] to a three-year jail term for her involvement in a corruption scheme [JURIST report] headed by her husband, former Bangladeshi Communications Minister Nazmul Huda.