[JURIST] Thousands of protesters filled the streets of Caracas, Venezuela on Thursday to voice their opposition to 69 constitutional amendments [JURIST report] proposed by Venezuelan President Hugo Chavez [BBC Profile]. The proposed reforms, which will be put to a national referendum on Sunday, would extend the presidential term from six to seven years, eliminate the limit on the number of terms a president may serve, bring the currently independent Central Bank under the control of the government, and give the government greater authority to expropriate private property without court approval. Earlier this month, the Venezuelan National Assembly approved [JURIST report] the reforms by a 160-7 vote, clearing the way for the two-part national referendum on December 2.

Chavez has touted the constitutional changes as necessary to advance Venezuela's socialist revolution, and planned to lead rallies for those in favor of the amendments on Friday. Human Rights Watch has warned that the reforms would violate international law [press release] by allowing the president to suspend due process guarantees during times of emergency. Opposition politicians have accused Chavez[JURIST report] of using the constitutional reforms to consolidate his power over Venezuela. Former Venezuelan Defense Minister Raul Baduel has also spoken out against the constitutional reforms [JURIST report]. AP has more. El Universal has local coverage, in Spanish.

11/30/07 - Human Rights Watch Thursday criticized the proposed constitutional amendments as threatening fundamental human rights. According to the HRW statement:

The proposed changes would eliminate the constitutional prohibition on suspending due process guarantees during states of emergency. They would also eliminate specific time limits on states of emergency, giving the president de facto power to suspend due process and other basic rights indefinitely.

Human Rights Watch is particularly concerned that these provisions could lead to suspension of fundamental rights in violation of international law, as the proposed amendments would also eliminate the requirement that such restrictions "meet the requirements, principles, and guarantees established in the International Covenant on Civil and Political Rights and the American Convention on Human Rights."

[JURIST] BP Exploration Alaska (BPXA), a subsidiary of British Petroleum (BP) [corporate website], pleaded guilty Thursday to violating the Clean Water Act [text] in a case stemming from the March 2006 oil spill [JURIST report] at the company's Prudhoe Bay oil field in Alaska. According to a plea agreement [PDF text] reached last month, BPXA will pay $20 million in fines and restitution for the spill of an estimated 134,000 to 267,000 gallons of crude oil, the largest spill ever in Alaskan history [BBC report].

The agreement was one of three separate claims the BP corporation settled [JURIST report] in October. BP agreed to pay just over $300 million as part of an agreement [CFTC press release] to defer the prosecution of a civil lawsuit [JURIST report] filed by the US Commodity Futures Trading Commission (CFTC) [official website] in June 2006 alleging that at least six current and former employees of BP North America violated the Commodity Exchange Act [text] by using BP's dominant market position to manipulate propane prices. BP also agreed to pay $50 million and plead guilty to a one-count felony violation of the Clean Air Act [text] for alleged deficiencies at the company's Texas City refinery which resulted in an explosion that killed 15 people and injured hundreds more in 2005. AP has more.

[JURIST] Thailand's National Counter-Corruption Commission (NCCC) [official website] has approved the creation of three subcommittees to investigate former Prime Minister Thaksin Shinawatra [BBC profile; JURIST news archive] and two of his former senior administration officials, according to an NCCC spokesperson Thursday. The first subcommittee will probe Thaksin's involvement in the bidding for security services at Bangkok’s Suvarnabhumi International Airport while serving on the airport's executive board. The other two subcommittees will investigate allegations against former Transport Minister Suriya Jungrungreangkit and former Highway Department chief Srisuk Chanthrangsu in connection with duty-free airport shops and road construction, respectively. Xinhua has more. The Bangkok Post has local coverage.

Thaksin was ousted in a bloodless military coup [JURIST report] in September 2006 while travelling abroad. He and his wife Pojamarn have also been accused of corruption [JURIST report], conflict of interest violations, and dereliction of duty for personal gain in charges stemming from a 2003 land purchase by Pojamarn from the government-directed Financial Institutions Development Fund [official website]. Thaksin has refused to return to Thailand to face charges because he says he does not expect to receive a fair trial [JURIST report].

[JURIST] Serbia's Office of the War Crimes Prosecutor [official website, in English] Thursday indicted 14 former soldiers and paramilitaries on war crimes charges in connection with the October 1991 Lovas Massacre [Wikipedia backgrounder] in Croatia, a spokesperson told Reuters. Half of those charged are in custody while the rest remain free but must report to authorities at regular intervals. In May, the Office of the War Crimes Prosecutor had confirmed it was conducting an ongoing investigation [JURIST report] in cooperation with Croatian authorities against 12 former Serb paramilitary members for their alleged role in the "torture, inhuman treatment, and killing of 70 civilians" in the Croatian town of Lovas. The prosecutor's statement followed a report that Serbian police had arrested seven former Serb paramilitaries in connection with the October 1991 massacre. Reuters has more.

Last month, International Criminal Tribunal for the former Yugoslavia (ICTY) chief prosecutor Carla Del Ponte [official profile] said Serbia must do more to apprehend fugitive war crimes suspects [JURIST report] before she can give a positive report on the country's work with the ICTY to the European Union.

[JURIST] UN International Independent Investigation Commission (IIIC) [authorizing resolution; UN materials] head Serge Brammertz [ICC profile; JURIST news archive] told the UN Security Council Wednesday that unspecified "persons of interest" have been identified and other progress has been made in the international investigation into the 2005 assassination of former Lebanese Prime Minister Rafik Hariri [JURIST news archive]. In June, the Security Council expanded [JURIST report] the Hariri probe to include 17 other attempted or successful political assassinations in Lebanon. Brammertz said Wednesday that "operational links may exist" between the perpetrators of each of these attacks.

On Wednesday, the UN Security Council [official website] unanimously approved [press release; JURIST report] Brammertz's appointment to serve as the new chief prosecutor for the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website]. UN Secretary General Ban Ki-Moon nominated Brammertz [JURIST report] earlier this month to replace outgoing chief prosecutor Carla Del Ponte [official profile], who will step down at the end of the year. Former Canadian Deputy Attorney General Daniel Bellemare [Ya Libnan profile; JURIST report ] was selected to replace Brammertz as head of the Hariri investigation earlier this month. AP has more.

[JURIST] About a dozen officers on trial in the Philippines [JURIST news archive] in connection with a failed 2003 mutiny [BBC report] Thursday walked out of court, took control of a Manila hotel, and demanded the resignation of Philippine President Gloria Arroyo [official website; BBC profile]. Philippine military and police forces subsequently regained control of the hotel after a lengthy confrontation. The military officers and several civilian sympathizers, including former Vice President Teofisto Guingona [official profile], were taken into custody. Reports indicate that courtroom security forces did not prevent the officers from leaving the court, and in fact escorted them to the hotel. After the siege, Arroyo announced a 12 to 5 am curfew in the capital city, but said she has no doubts about the loyalty of the army as a whole.

In April, a Philippine military tribunal sentenced 54 military officers [JURIST report] to seven years and six months in prison for their involvement in the 2003 coup attempt. Charges were later dismissed [JURIST report] in October against four additional military officers connected to the same mutiny. AFP has more. AP has additional coverage.

[JURIST] Russian opposition leader Garry Kasparov [personal website, in Russian] was released from jail Thursday after serving five days in custody for organizing an unsanctioned protest [JURIST report] against Russian President Vladimir Putin [official website] and resisting arrest. The former chess champion and head of the liberal United Civil Front [party website, in Russian] had challenged his arrest as illegal, but his appeal was denied [JURIST report] earlier this week.

In April, Kasparov accused police of brutality after being arrested [JURIST reports] at a similar rally. Kasparov and fellow opposition leader former Russian Prime Minister Mikhail Kasyanov [BBC profile] have strongly criticized Putin and his allies in the run-up to December parliamentary elections and the March 2008 presidential election. Kasparov has accused Putin of instituting a police state and creating a puppet judiciary [JURIST report] to persecute opposition leaders. RIA Novosti has more.

[JURIST] A Russian court Thursday found exiled business tycoon Boris Berezovsky [BBC profile; JURIST news archive] guilty of embezzling 214 million rubles from Russian national airline Aeroflot [official website]. The court sentenced him to six years in prison, though prosecutors had asked for nine years [JURIST report]. Berezovsky was tried in absentia, as he now resides in the UK as a political refugee. He has denied all charges, which he characterizes as politically motivated. Berezovsky has long been a vocal critic of Russian President Vladimir Putin [official website] and especially his handling of war in Chechnya [BBC timeline]. AP has more.

Prosecutors have also accused Berezovsky of plotting a coup [JURIST report] against Putin, and in July, prosecutors alleged that he embezzled credit funds [JURIST report] from SBS-Agro Bank [EBRD profile], which he then owned, to purchase real estate in southern France. Berezovsky has denied those charges as well.

[JURIST] Israeli police Thursday concluded a corruption investigation into Israeli Prime Minister Ehud Olmert [official website; JURIST news archive], telling prosecutors at the Ministry of Justice [official website] that they do not believe there is enough evidence to indict Olmert on allegations that he illegally interfered [JURIST report] with the 2005 state sale of Bank Leumi [corporate website]. Olmert, then Minister of Finance, allegedly attempted to use his position to favor two of his associates in the sell-off of the bank's controlling interest. Israeli Attorney General Menahem Mazuz [official profile] will take the police recommendation under advisement before making a final decision on whether to prosecute Olmert.

Police repeatedly interrogated Olmert over his involvement in the bank sale last month, just as new allegations of misconduct broke. Olmert is still facing corruption investigations for allegedly purchasing an apartment at a substantially reduced price in exchange for helping a construction company obtain illegal building permits and for obtaining a government grant for an associate [JURIST reports] while he was Trade Minister. AP has more.

[JURIST] US Senate Judiciary Committee Chairman Patrick Leahy (D-VT) on Thursday rejected White House assertions of executive privilege in the ongoing congressional investigations into the US Attorneys firing scandal [JURIST news archive]. Leahy issued a ruling [text and press release] in which he directed the White House to comply with formal committee subpoenas [JURIST report] for documents and the testimony of White House Chief of Staff Joshua Bolten, former White House political director Sara M. Taylor, former White House Deputy Chief of Staff Karl Rove, and White House deputy political director J. Scott Jennings. The subpoenas were issued over the summer in connection with the committee's investigation into the "politization of the White House, particularly in the hirings and firings of US Attorneys." In response, the Bush Administration has asserted claims of executive privilege [JURIST report] and immunity from the subpoenas. Leahy's ruling said:

That [White House counsel Fred] Fielding asserts executive privilege on behalf of the President is surprising in light of the significant and uncontroverted evidence that the President had no involvement in these firings. To date, the President has not taken responsibility for the firings and his own statements regarding the firings refer to others making the decisions. The Attorney General's former chief of staff, the former political director at the White House and the Attorney General himself have testified under oath that they did not talk to the President about these firings. Courts analyzing executive privilege claims have made clear that the purpose of the privilege is to protect the President's ability to receive candid advice. The President's lack of involvement in these firings - by his own account and that of many others - calls into question any claim of executive privilege.

[JURIST] Pakistan President Pervez Musharraf pledged to lift emergency rule in the country on December 16 in a televised speech [unofficial translation] Thursday delivered after he took the presidential oath of office [JURIST report] as a civilian Thursday morning. Pakistani media quoted Musharraf as saying:

It is my intention to lift the state of emergency from the country on Dec 16, withdraw PCO [Provisional Constitution Order] the same day and hold the general elections as per the announced schedule and according to the Constitution.

we have made it quite clear to [President Musharraf], our view that he should lift the state of emergency well in advance of the upcoming elections which he scheduled for January. Our belief is that it's critical to have that state of emergency lifted in order to have the kind of elections that the Pakistani people can have faith in.

[JURIST] The three British bankers known as the NatWest three [JURIST news archive] pleaded guilty Wednesday to one count of wire fraud as part of a plea deal with prosecutors. David Bermingham, Giles Darby and Gary had been indicted on seven counts of wire fraud [indictment, PDF] for allegedly entering into a secret agreement with former Enron Chief Financial Officer Andrew Fastow [Chronicle profile] to defraud National Westminster Bank of $19 million while keeping $7 million for themselves. The trial was scheduled to begin in January. The judge has discretion to accept or deny the plea deal, under which the three former bankers agreed to serve a 37-month sentence, repay the $7.3 million they are believed to have fraudulently earned from the deal, and subject themselves to a civil suit in Britain brought by their former employer. The Independent has more. AP has additional coverage.

The three were extradited to the US [JURIST report] pursuant to an extradition treaty that subsequently came under heavy criticism [JURIST report] in the UK Parliament as "lopsided." The 2003 US-UK Extradition Treaty [text, PDF; Statewatch backgrounder], incorporated into UK law through the Extradition Act [text], requires only a showing of prima facie evidence by the requesting country, a lower evidentiary standard than probable cause. In July, UK lawmakers also pushed for the treaty to include a presumption that British citizens accused of committing crimes in the UK should be tried there.

[JURIST] Judges, lawyers, and court clerks went on strike in France Thursday to protest a proposal to eliminate 319 French courts. French Justice Minister Rachida Dati [official profile, in French; BBC profile] has proposed the cutbacks, which the Magistrates' Trade Union says has been mishandled by Dati and the Justice Department. DPA has more.

Dati has been involved in several controversies since being appointed [IHT report] to French Prime Minister Nicholas Sarkozy's cabinet in May. A group of judges threatened to revolt [JURIST report] in September over Dati's "authoritarian" management style. Dati also has the dubious distinction of being the first Justice Minister to be called before France's Higher Judicial Council [official website] after she sparred with a prosecutor who publicly criticized her proposal to toughen the French criminal code [official text, in French].

[JURIST] Pakistan President Pervez Musharraf was sworn in to a new five-year term as the country's civilian president Thursday, taking the oath of office [text] under the 1973 Constitution a day after stepping down as chief of the army [JURIST report]. Delivering his inaugural address [APP report], Musharraf defended his decision to declare a state of emergency [PDF text; JURIST news archive] earlier this month, saying it was necessary to preserve democracy in Pakistan: "we want democracy, we want human rights, we want stability, but we will do it in our own way." Musharraf's role as army chief complicated his recent bid for re-election as president, with several legal challenges filed against him in the Supreme Court of Pakistan. The court, reconstituted with Musharraf loyalists after the state of emergency was put in place November 3, dismissed all legal challenges [JURIST report] to Musharraf's re-election last week. AP has more.

As Musharraf was being sworn in, several hundred Pakistani lawyers gathered in the streets of Lahore to protest. The local bar association president said that between 12 and 15 lawyers were injured and seven were arrested as police used batons to beat and drive back the protesters. A police spokesperson denied that any arrests had been made and said the crackdown was legal under the declaration of emergency law, which remains in effect. AFP has more.

10:40 AM ET - Musharraf said Thursday evening in an address on state television that emergency rule would be lifted on December 16, several weeks before general elections are scheduled to take place in early January. BBC News has more.

11/30/07 - At least 10 protesters were injured during the demonstration in Lahore and police cited approximately 150 lawyers with violations of Pakistan's anti-terror and public order laws. Dawn has local coverage.