[JURIST] Opponents of an Oregon law [HB 2007 text] that would allow same-sex couples to enter into contractual domestic partnerships [JURIST news archive] with the same state benefits as married couples did not get enough signatures to block the law [press release, PDF], Oregon election officials said Monday. If opponents had collected the required number of signatures, the law would have been been put to a popular vote on the November 2008 ballot. Instead, the law will go into effect on January 1 as scheduled, making Oregon the ninth US state to recognize spousal rights of same-sex couples.

The measure, by the Oregon Senate in May and the Oregon House [JURIST reports] in April, covers state benefits including inheritance, child custody, and hospital visitation rights, but does not affect federal benefits for married couples. Gov. Ted Kulongoski signed [JURIST report] the bill into law in May. It is not yet known if opponents gathered enough signatures to block a second gay rights law [SB 2 text] protecting individuals against discrimination based on sexual orientation. That bill would ban discrimination in employment, housing, and public accommodations, and create a civil cause of action for violations of the act. KGW has more.

[JURIST] Current Pakistani president and military leader General Pervez Musharraf [official website; BBC profile] appointed General Ashfaq Kiyani as new deputy army chief Monday, in an apparent consummation of his promise to step down as head of the country's military if he won a third term as president. Elections were held Saturday, and Musharraf won [JURIST report] a landslide victory, collecting 252 out of 257 votes in the National Assembly of Pakistan [official website] and winning the support of a majority of lawmakers in three of Pakistan's four provinces. Elections results will not be finalized, however, until the Supreme Court of Pakistan [official website] rules on the legality of Musharraf's candidacy.

Musharraf's opponents had challenged his re-election bid [JURIST report] over his dual role as president and army chief, arguing that the Election Commission of Pakistan [official website] should not have accepted Musharraf's nomination as a presidential candidate. The high court ruled last week that the controversial ballot could proceed, but it barred the Election Commission from officially declaring a winner until the court issues a ruling on whether Musharraf was in fact an eligible presidential candidate. The earliest the court will be able to issue a ruling is October 17, at which time it will hear arguments in the case. AFP has more.

[JURIST] Intel [corporate website] has asked the European Commission (EC) [official website] to extend its October 8 deadline to respond to antitrust accusations [press release; JURIST report] prepared by the EC in July over Intel's price and rebate tactics, which the EC said had the effect of driving smaller companies, such as Advanced Micro Devices (AMD) [corporate website] out of the market. On Monday, an EU official said that Intel's request was still under consideration. According to the Statement of Objections (SO) sent to the semiconductor manufacturing giant in July, Intel violated the Treaty of Rome's antitrust prohibitions [Article 82 backgrounder] by providing "substantial rebates" to various Original Equipment Manufacturers (OEMs) if the OEMs purchased the majority of their processors from Intel, thereby abusing its dominant position in the x86 architecture [Wikipedia backgrounder] processor market. Intel has previously said that the EC has mistakenly concluded that Intel broke the law. The EC has the ability to fine companies as much as 10 percent of its global annual revenues if it finds that there has been violations of EU antitrust rules.

Last September, a US federal judge ruled [JURIST report] that AMD could not proceed with a major portion of its case accusing Intel of anticompetitive practices [JURIST report] outside the United States. A trial is scheduled for 2009, however, on remaining allegations in AMD's complaint [PDF text] that Intel issued secret rebates to customers buying microprocessors in order to gain business over AMD and that Intel coerced buyers into exclusive deals. Reuters has more.

[JURIST] A Bangladesh court Monday convicted former Home Minister Mohammed Nasim of corruption and sentenced him to 13 years in jail. Nasim's wife was also sentenced in absentia to three years for aiding her husband in accumulating property through "dishonest means." The court ordered the seizure of 12.6 million taka (approximately $183,000) deemed "disproportionate" to Nasim's declared sources of income. Nasim served as home minister under former prime minister Sheikh Hasina [party profile], who ruled the country until 2001. She and her chief rival, former Bangladeshi Prime Minister Begum Khaleda Zia [UN profile] have both been detained and are facing trial for alleged corruption and taking bribes [JURIST report].

Nasim's conviction comes amid a continuing anti-corruption crackdown [JURIST news archive] in Bangladesh. The government declared a state of emergency [JURIST report] in January and has since detained more than 150 prominent political and business leaders. Earlier Monday, the Bangladeshi government announced plans to establish a "truth commission" [JURIST report] to bolster the country's economy by offering pardons to business people who have been detained on corruption charges if they confess and return any ill-gotten money. Reuters has more. The Daily Star has local coverage.

[JURIST] A Milan prosecutor charged former Italian Prime Minister Silvio Berlusconi [BBC profile; JURIST news archive] with false accounting on Monday, alleging that his broadcasting company, Mediaset, [corporate website, in Italian] incorrectly reported its costs in purchasing television rights to US films in a ploy to lower taxes in 2000. Berlusconi's lawyer has said his client is innocent because he was not involved with the company during that time. The charges, filed just days before the statute of limitations was set to expire on October 20, will next be considered in court on November 19.

Berlusconi, a media mogul and Italy's richest man, has faced trial on at least six occasions involving charges of false accounting, tax fraud, money laundering, embezzlement, and giving false testimony [JURIST reports] connected to Mediaset. Charges against him, however, have been frequently thrown out because the statute of limitations has expired. In a separate case, Berlusconi was acquitted [JURIST report] earlier this year on charges that he bribed judges to prevent the sale of food company SME to rivals in 1985. BBC News has more.

[JURIST] Afghanistan has ended a three-year moratorium on the death penalty by executing 15 prisoners Sunday by firing squad at Pul-e-Charkhi [BBC backgrounder], the country's largest prison, Afghanistan's chief of prisons said Monday. The executions are the second confirmed reports of executions being carried out in Afghanistan since the fall of the Taliban regime in 2001. The last confirmed execution was that of former military commander Abdullah Shahhiatus [Amnesty report], who was executed [BBC report] by a shot to the head in April 2004. After Shahhiatus' execution, Afghan President Hamid Karzai [BBC profile] publicly said that the death penalty would be suspended. AP has more.

Earlier this year, Rome-based anti-death penalty group Hands Off Cain [advocacy website] released a report [text; press release] stating that the number of executions worldwide increased slightly in 2006 while the number of countries that employ capital punishment decreased. According to statistics compiled from news reports and NGOs, there were 5628 executions in 27 countries in 2006, up from 5494 executions in 24 countries in 2005. At the same time, three countries abolished the death penalty [JURIST news archive] last year, reducing the number of countries that use capital punishment to 51. In total, 146 countries have either abolished or placed a moratorium on the death penalty.

[JURIST] Russian prosecutors know the identity of the person who shot Russian journalist Anna Politkovskaya [JURIST news archive], but have yet to arrest or bring charges against the suspect, lead investigator Petros Garibyan said in an interview [text, in Russian] published in Novaya Gazeta Monday. Although a number of people have been arrested and charged [JURIST reports] as accomplices in her murder, none of them are believed to be the organizer or the trigger person. Last month, Russian prosecutors charged [JURIST report] Shamil Burayev, a one-time district head in the southern Russian republic of Chechnya and former presidential candidate, as an accomplice in the murder.

Politkovskaya, who had covered the crisis in Chechnya for Novaya Gazeta since 1999, was shot [JURIST report] in the head and in the chest after returning to her Moscow apartment building on October 7, 2006. She was a well-known critic of Russian President Vladimir Putin [official website; JURIST news archive], and authored two books on Chechnya. Russian Prosecutor General Yuri Chaika [official website] has said that Politkovskaya's murder was orchestrated by a Moscow-based Chechen criminal group specializing in contract killings. Reuters has more.

[JURIST] The International Court of Justice [official website] issued an opinion [PDF opinion; press release] Monday resolving a maritime boundary dispute between Nicaragua and Honduras [JURIST news archive] and granting possession of four small Caribbean islands to Honduras. Nicaragua filed the suit in 1999, claiming that no legal maritime border existed; Honduras claimed that the boundary had been determined by a 1906 arbitral award from the king of Spain. The Court found no evidence that the disputed territory had been assigned to either country upon decolonization and based the grant to Honduras on the fact that it has exercised sovereignty over the islands. At the same time, it granted more maritime territory to Nicaragua than the country had claimed. Finally, the Court ordered both countries to negotiate a specific portion of the boundary near the Coco River. Nicaraguan President Daniel Ortega and Honduran President Manuel Zelaya said they were satisfied with the decision and would comply with the Court's ruling. AP has more. El Nuevo Diario has local coverage from Nicaragua. La Tribuna has local coverage from Honduras.

Peruvian diplomat Hugo de Zela Hurtado welcomed the ICJ ruling as a "decisive precedent" which will bolster Peru's claim against Chile [JURIST news archive] in a similar dispute [LA Times report] that is expected to be brought before the Court in the coming months. Tensions between the two countries have escalated over a 10,000-mile strip of ocean which Peru [JURIST news archive] claims was ceded to it under 1952 and 1954 treaties; Chile claims that the treaties involved fishing rights only. Chile is expected to reject the jurisdiction of the ICJ [Andina report] in the case. El Peruano has more.

[JURIST] The Bangladeshi government intends to establish a "truth commission" to bolster the economy following a judicial crackdown on business corruption, according to a Bangladesh Supreme Court lawyer drafting a proposal to establish the commission. The truth commission would offer pardons to business people who have been detained on corruption charges if they confess and return any ill-gotten money. Economic growth has all but stopped in the wake of widespread detention of lawmakers, business people, and political heads, according to the Federation of Bangladesh Chambers of Commerce [official website], which says the crackdown has created a "climate of fear" that suppresses domestic investment.

The crackdown on corruption [JURIST news archive; Bangladeshnews.com report], which began in February, has led to the arrest of more than 150 prominent political and business leaders. Last week, 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. 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] was charged [JURIST report] with corruption and taking bribes. AFP has more. The Daily News has local coverage.

[JURIST] The US Federal Communications Commission (FCC) [official website] will not investigate allegations made last year that several large telephone companies handed over customer phone records to the government as part of the domestic surveillance program [JURIST news archive] conducted by the National Security Agency (NSA), according to a letter [PDF text; press release] from FCC Chairman Kevin Martin. In the letter sent Friday to Rep. Edward Markey (D-MA), chairman of the US House Energy and Commerce Committee, Martin declined to investigate, asserting national security concerns raised by National Intelligence Director Michael McConnell that "such an investigation would pose an unnecessary risk of damage to the national security." Markey, who had urged an investigation into the allegations, responded that:

[I]t is well within the authority of the independent agency responsible for the enforcement of our nation's communications privacy laws to investigate the very serious reports that the intelligence agencies were using telephone companies to obtain phone records and Internet data on citizens without proper, prior authorization. I believe the [FCC] could conduct its own examination of such reports in a way that safeguards national security.

[JURIST] A US House of Representatives resolution labeling the World War I-era killings of over one million Armenians by Turkish soldiers [ANI backgrounder; Turkish DC Embassy backgrounder] as genocide would strain diplomatic ties between the US and Turkey, Turkish head of Parliament Koksal Toptan warned in a letter to US Speaker of the House Nancy Pelosi on Sunday. Toptan warned that passage of the resolution [H Res 106 materials; PDF text] would cause damage that may take years to mend.

US President George W. Bush and Turkish Prime Minister Recep Tayyip Erdogan [BBC profile] spoke by phone Friday about their concerns over the resolution [JURIST report]. The controversial measure [JURIST news archive; JURIST comment] seems poised to get enough votes in the Democratic-led House to pass when it comes up for a vote the week, but a White House spokesperson has said that Bush believed the matter to be one "for historical inquiry, not legislation." Interest groups on both sides of the debate have been ratcheting up lobbying efforts [AP report] in anticipation of a House vote on the resolution. Turkey has traditionally been highly sensitive to the Armenian issue and has fervently refused to categorize [JURIST report] its own actions as genocide. AP has more.

[JURIST] The military government of Myanmar [JURIST news archive] said Monday that opposition leader and democracy advocate Aung San Suu Kyi [JURIST news archive] would likely not be released from house arrest until a new constitution for the country is approved. In a piece published in the state-run New Light of Myanmar [official website], the junta also said that recent protests [BBC backgrounder] will not bring about the changes demanded, namely national reconciliation, Suu Kyi's release and lower prices, but that such changes will be attainable once the new constitution is approved.

Suu Kyi, the leader of the National League for Democracy, has spent 11 of the past 17 years in prison or under house arrest for alleged violations of an anti-subversion law [text]. The country has been governed without a constitution since the military regime took power in 1988 and talks on a new national charter [JURIST report] have been underway for 14 years. It is not yet clear who will draft the actual constitution or how that process will occur, but the Myanmar government has pledged to put the resulting document to a vote in a national referendum. Reuters has more.

[JURIST] Human Rights Watch (HRW) on Monday urged China to institute a moratorium on capital punishment [press release] in preparation for the 2008 Beijing Olympics [official website]. HRW commended China for the reported decrease in the number of executions [JURIST report], but expressed concern that "systemic weaknesses in the trial process" remain a serious issue throughout the country. HRW urged the International Olympics Committee to join it in the call for a moratorium on executions in China [JURIST news archive].

HRW maintains [backgrounder] that the Olympics provide an opportunity for China to represent that it can protect human rights. HRW and other rights groups have recently slammed China [JURIST report] for not keeping its promises to improve human rights and press freedom in preparation for the 2008 Olympics. In August, Reporters Without Borders [advocacy website] demonstrated in Beijing in protest of the continued detention of nearly 100 journalists and activists.

[JURIST] The registrar of the International Criminal Tribunal for the former Yugoslavia has expressed concern [press release] over the refusal of Bosnian Serb war crimes suspect Zdravko Tolimir [ICTY case backgrounder, PDF] to accept medical treatment in prison while awaiting trial. Hans Holthuis described the situation as "fragile and highly alarming" and told the tribunal in a submission [PDF text] Friday that Tolimir is suffering from a brain aneurysm and a serious heart condition. Holthuis has requested that the ICTY fully investigate Tolimir's health and determine whether he remains competent to represent himself at trial.

Tolimir was arrested [JURIST report] in May by Bosnian police and was extradited to The Hague [JURIST report] in June. The ICTY may be expressing special concern over his health after war crimes suspect Slobodan Milosovic died from heart failure [JURIST report] in 2006 while in detention at The Hague. The UN News Centre has more.

[JURIST] Spanish anti-terror judge Baltasar Garzon [BBC profile; JURIST news archive] ordered 17 leaders of the Batasuna party [BBC profile] to remain in jail Sunday, after Spanish police arrested 23 senior members [JURIST report] of the political organization last week. Though no explanation for their arrest was released last week, Garzon said Sunday that the leaders of Batusuna were "not willing to end terrorist violence," but instead sought to help banned militant group ETA achieve more violence. The Batasuna party is alleged to be a front for the illegal Basque separatist militant group ETA [BBC backgrounder], which has been blamed for more than 800 deaths in bombings and attacks since the 1960s. AP has more. El Pais has local coverage, in Spanish.

In March, Spanish prosecutors dropped charges of "glorifying terrorism" [JURIST report] against Batasuna leader Arnaldo Otegi [advocacy website] for his praise of an ETA member who killed herself with explosives. The Spanish Supreme Court in 2005 affirmed a slander conviction [BBC report] of Otegi relating to a 2003 press conference when Otegi said the King of Spain was responsible for torture as the head of the Spanish army.

[JURIST] Martial law [JURIST news archive] will remain in some regions of Thailand indefinitely, General Winai Phattiyakul said Monday, citing unspecified security concerns in border provinces. Winai said that martial law will be lifted in some provinces, but gave no specifics on when that might occur. Martial law was imposed nationwide after the Thai military seized power from civilian prime minister Thaksin Shinawatra [JURIST news archive] in a bloodless coup [JURIST report] in September 2006. The government approved a measure last November lifting martial law in Bangkok and 40 other provinces [JURIST report], but kept martial law in 35 of the country's 76 provinces [JURIST report]. AFP has more.

Last month, Thai voters approved a draft constitution [JURIST report] put forth by the country's military-backed interim government. The new constitution [text; JURIST report] replaces Thailand's 1997 charter. Interim Prime Minister Surayud Chulanont [BBC profile] had urged voters to participate in the referendum, calling it a way for people to assert their rights and help decide Thailand's future. Under the draft constitution, Thai prime ministers will be limited to two terms in office and will be subject to easier impeachment. The Thai House of Representatives will be reduced from 500 seats to 400 seats, 320 of which will be directly elected and 80 appointed from party lists.

[JURIST] Blackwater USA [corporate website] private security guards deliberately shot Iraqi civilians during a September shooting incident [JURIST report], a spokesman for Iraqi Prime Minister Nouri al Maliki said Sunday after the Iraqi government concluded an investigation [JURIST report] into the shooting. The investigation found no evidence that the Blackwater guards had been attacked or provoked, and raised the death toll to 17 from a previously reported number of 13. The Iraqi government called for the Blackwater personnel involved in the shooting to be prosecuted in Iraqi courts, but deferred legal action until the US completes an FBI investigation into the incident [JURIST report].

In response to domestic outrage, the Iraqi Interior Ministry proposed draft legislation [JURIST report] last month to place private security contractors under Iraqi legal jurisdiction. Meanwhile, the US House of Representatives has passed a bill to effectively end the "de facto immunity" [JURIST reports] enjoyed by many private contractors working for the US in Iraq and expand US court jurisdiction to all US civilian contractors working in combat zones. US contractors are currently not subject to prosecution in Iraqi courts due to an exemption [PDF text] granted in the days of the Coalition Provisional Authority.

On September 16, Blackwater guards allegedly fired on civilians, prompting the Iraqi government to withdraw Blackwater's operating licences [JURIST report]. Blackwater maintains that the shootings were provoked [JURIST report], and has made long-term plans to stay in Iraq, despite its order to leave. Last week, US Secretary of State Condoleezza Rice directed that all Blackwater vehicles be fitted with security cameras [JURIST report] and that all convoys have at least one federal agent present while escorting diplomats in response to the growing concerns over the conduct of Blackwater guards. The New York Times has more. BBC News has additional coverage.