[JURIST] Following up stories reported earlier today in JURIST's Paper Chase, government and opposition leaders in the Ukraine spoke openly late Wednesday of the possibility of civil strife as the country's electoral crisis deepened. Outgoing Ukrainian president Leonid Kushma warned civil war "could well become a reality at the present time" if opposition protests continue, while Opposition leader Viktor Yushchenko told a rally of thousands of pro-Opposition protestors in Kyiv that Ukraine was on the brink of a "civil conflict." Opposition leaders have said that on Thursday in the country's Supreme Court (official site in Ukrainian) they will challenge the official election results certified Wednesday by Ukraine's Central Electoral Commission (official site in Ukrainian) declaring Russian-backed Prime Minister Viktor Yanukovych the winner of Sunday's presidential run-off election. The official count favoring Yanukovych is posted in English here. Yanukovych's campaign website in Ukrainian is here. Yushchenko's campaign website is here in Ukrainian, with a version in English here. Yushchenko's personal site in English is here.

The Yushchenko campaign has posted the full text of Yushchenko's Wednesday speech to supporters:

Dear friends!

I would like to explain to you our reason for being here. The CEC committed yet another crime a few hours ago. I know that this information will be tough on some of you or, perhaps, on everybody, but I would like to say that we have to make opposite conclusions. Nine members of the CEC have adopted the final decision on the election results in accordance with which Yanukovych had edged me by some 3%. They wanted to put us on our knees with this decision. They wanted to say that we were swine; they wanted to say in spite of all that their manipulations could overcome the voice of the people, their language. This is why I am here with my colleagues in these difficult minutes and I would like to make an announcement.

My friends!

I beg you not to shed a single tear on hearing this news.

Dear friends!

The state authorities did what we expected of them. It is wriggling like a grass-snake on a pitchfork. It will not pause before any illegal activities to carry out its grand scheme, to complete the coup d'état. I would like to say firmly: this news, this information has led me onto another thought. I would like to swear to you today that my fight against this regime would now only become stronger and more consistent.

Dear friends!

The coordinating council of political forces that had supported my candidacy for the presidency of Ukraine has just finished its session. We have made the following decision:

1. To create the National Committee on Defending the Constitution. It is taking on the responsibility of defending democracy in Ukraine.

2. The CEC’s illegal decision has brought Ukraine to the threshold of a civil conflict.

3. Attempts to make the will of millions of people null and void are forcing the people to look for the truth in an open struggle.

4. The government has chosen the most primitive way – the way of conflict escalation. It has chosen to go back on the negotiations we were talking about an hour ago. It has chosen to reject the possibility of political talks and the search for a joint solution.

5. [The only way to a compromise that can help us resolve this conflict is the way of public protest]. This is why the National Committee on Defending the Constitution is announcing an all-Ukraine political strike. This is our answer to the political outrage of the Kuchma-Yanukovych regime.

[JURIST] AP is reporting that Republican Dino Rossi has won the recount in the Washington governor's race, beating Democrat Christine Gregoire by 42 votes.

5:35 PM ET - The Washington Secretary of State's office has posted the official recount results, plus a background note on why numbers change in a recount. UPI has a full story on the recount here.

[JURIST] Updating a continuing story previously reported on JURIST's Paper Chase, Ukrainian opposition leader Viktor Yushchenko has called for an "all-Ukraine national strike" after election officials declared Prime Minister Viktor Yanukovych the winner of Sunday's presidential election. Yushchenko said he wants to "force the authorities to think about what they are doing," by stopping work at businesses, schools and universities and halting transport. Meanwhile, Viktor Yanukovych, calling himself the head of state, proposed immediate talks with Yushchenko to resolve the situation. AP has more on Yushchenko's proposed strike. From Ukraine, the Kyiv Post provides local coverage of the latest developments in English. UTV is broadcasting live in Ukrainian from Kyiv here.

[JURIST] Britain's Lord Justice Sedley has recommended in a lecture to Leicester University Law School that the country should establish a national DNA database. Sedley, known for his civil rights beliefs, cited the benefit DNA could further provide in assisting criminal apprehension and prosecution, and suggested that the risks in such a system were controlable is confronted directly. In the US the FBI has had a similar database in place since 1998 and has used it in nearly 5000 criminal investigations. BBC News has more.

[JURIST] A Delaware Chancery Court judge Wednesday ordered an additional hearing in Oracle's case against PeopleSoft, delaying a decision on whether to remove PeopleSoft's anti-takeover provisions in the event of a merger with Oracle. The case was previously argued before Vice Chancellor Leo Strine over two weeks in October, but Strine ruled that another hearing was needed to consider new evidence, including the European Commission's decision not to block the takeover bid. The new hearings are set for Dec. 13 and 14. CNET News has more.

[JURIST] AP is reporting that the Ukrainian election commission has declared Prime Minister Viktor Yanukovych the winner of Sunday's disputed presidential election. Opposition leader Viktor Yushchenko had disputed early projections after official tallies diverged from exit polls showing Yushchenko with a wide margin of victory. BBC News reports that the nation was tensely awaiting the announcement. Russia's Mosnews.com has more coverage of events in Ukraine.

11:45 AM ET - An AP story is now available. Final figures gave Yanukovych 49.61 percent of the vote, with Yushchenko at 46.61 percent.

1:03 PM ET - AP is reporting that Secretary of State Colin Powell has called Ukraine's presidential election illegitimate, and has urged it to act "responsibly" in resolving the emergent political crisis in the country.

[JURIST] A bill to establish a new FBI-style security agency in the UK being considered Wednesday will also formalize and encourage the practice of offering witnesses immunity from prosecution. Ministers hope that by formalizing the practice, more people will be willing to testify for the government. A Home Office report earlier this year found that plea deals with the government, known as Queen's evidence, were only used in less than 1 percent of drug trafficking cases. The practice was used in about 26 percent of cases in the US. The bill was announced as part of the Queen's speech, opening the 2004-2005 session of Parliament. Read the Serious Organized Crime and Police Bill [PDF]. The security agency created by the legislation will be the Serious Organized Crime Agency. The Guardian has more.

[JURIST] Mark Thatcher, son of former British Prime Minister Margaret Thatcher, must submit to questioning by Equatorial Guinea over his alleged involvement in a coup plot against the government, the South African High Court ruled Wednesday. The court upheld the subpoena against Thatcher, but maintained that he had the right to silence during the questioning, which is scheduled for Friday. Thatcher maintained the hearing would violate his right to silence and could prejudice a separate case against him by the South African government. Charges by both countries stem from Thatcher's alleged financing of an attempted coup to overthrow the president of Equatorial Guinea. Reuters has more.

Previously on JURIST's Paper Chase....

• Thatcher charged in connection with Equatorial Guinea coup plot
• Thatcher lawyers argue against Equatorial Guinea subpoena in coup case
• Thatcher hearings in Equatorial Guinea coup case to be televised
• Thatcher appeals subpoena to answer Equatorial Guinea questions
• Thatcher to be questioned by Equatorial Guinea in coup case

[JURIST] US Ambassador to the UN John Danforth has criticized the UN General Assembly after the body appeared likely not to take action on a resolution condemning human rights violations in Sudan. A vote on the resolution is scheduled Wednesday, but the human rights committee was set to file a "no action" motion. In comments to the press following the Tuesday session, Danforth said:

I can’t comprehend why the General Assembly would not take a very strong position on the issue of human rights abuses in Sudan. I can’t comprehend why the General Assembly would not take a very strong position in favor of the African Union’s effort, in favor of the IGAD’s effort, in favor of the peace process. I can’t comprehend why the General Assembly would not take a very strong position supporting cooperation with the Commission the Secretary General has set up to investigate whether or not there’s genocide. I don’t understand it. I think that the vote today pretty well telegraphed what the vote will be tomorrow and that is there is a strong view within the General Assembly to do with what the Commission on Human Rights had done before and that is basically to take a position of condoning inaction with respect to the situation in Darfur and the situation in Sudan. It is really important for the world community to speak strongly and to speak with one voice. Clearly the General Assembly is not prepared to do that.

[JURIST] Attorneys for Sami Al-Arian, a former professor facing charges of materially supporting terrorism, racketeering and money laundering, have sought to disqualify most of the government's evidence in the case, arguing that it was unconstitutionally obtained. Al-Arian, a former professor at the University of South Florida, and eight others were charged with making up the leadership of Palestinian Islamic Jihad, a group responsible for dozens of attacks in Israel. Al-Arian's attorneys argued that searches that occurred as early as 1995 violated the Fourth Amendment because federal agents seized items before determining their relevance to the case. Read the motion to suppress [PDF]. A complete list of the charges and filings in the case is available here. AP has more.

[JURIST] Leaders from the UN tribunals for war crimes in the former Yugoslavia and Rwanda have reported to the Security Council that, despite some lack of cooperation by member states in arresting and transfering indicted individuals, they will complete their work by the 2008 deadline set by the Council. Carla Del Ponte, lead prosecutor for the International Criminal Tribunal for the former Yugoslavia, told the Council Tuesday that Serbia continued to avoid its legal obligations, allowing up to 12 people wanted by the tribunal to live free in the country. Included among those are former Bosnian Serb leader Radovan Karadzic and military commander Ratko Mladic, both wanted in connection with the Srebrenica genocide. Del Ponte said the 2008 deadline could be met if the remaining suspects were arrested in the near future. Read the full text of Del Ponte's comments, as well as a statement by ICTY President Judge Theodor Meron. International Criminal Tribunal for Rwanda President Judge Erik Mose said the ICTR faced staff shortages that could prevent the tribunal from completing its work by 2008 if further arrests and indictments were made. Mose said some member states had failed to pay their contributions and that staff shortages have increased since a hiring freeze was imposed. Read press releases from the UN and the ICTR. BBC News has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Wednesday, November 24.

The US House and Senate will meet Wednesday for legislative business to pass an amended Continuing Resolution extending funding for government operations through December 8th. Watch a live webcast of House proceedings beginning at 2 PM ET (via C-SPAN). Watch a live webcast of Senate proceedings beginning at 5 PM ET (via C-SPAN). After Wednesday, the US House and Senate will be in recess. The US House will reconvene on Monday, December 6 at 2 PM. The US Senate will reconvene on Tuesday, December 7 at 9:30 AM.

The trial of Slobodan Milosevic continues Wednesday at the International Criminal Tribunal for the former Yugoslavia. Watch a webcast of the trial beginning at 9:30 AM local time (3:30 AM ET); the webcast is on a 30-minute tape delay. The ICTY has background on the case.... Also Wednesday, the trial of Fatmir Limaj and his co-defendants continues at the ICTY. Watch a webcast beginning at 2:45 PM local time (8:45 AM ET); the webcast is on a 30-minute tape delay. The ICTY has case information.

At the United Nations, Juan Gabriel Valdes, Special Representative of the Secretary-General in Haiti will hold a 12 PM ET press briefing on the situation in Haiti. Watch a live webcast.

South Africa's Cape High Court is expected to hand down its decision Wednesday morning on whether Mark Thatcher, son of former British Prime Minister Margaret Thatcher, must answer questions from Equatorial Guinea prosecutors on his roll in a coup plot. The South African Press Association has more and JURIST's Paper Chase has background.

JURIST's daily docket will resume after the Thanksgiving Break on Monday, November 29.