[JURIST] Creating a political dustup just 10 days before the Iraq's first democratic elections, the spokesman and vice-president of the Independent Electoral Commission of Iraq [official website; English version] refused to resign Thursday despite a board vote to eliminate his job in the name of transparency and the preservation of the board's credibility. Deposed spokesman Farid Ayar [January 13 2005 interview] lashed out at the move, decrying it as false and the product of individuals who "do not wish to see a happy end to the electoral process". The decision to scrap the position was confirmed by commission chairman Abdul Hussein al-Hindawi, whom Ayar accused of initiating the statement as a response to Ayar's suggestion of a rotating presidency. AFP has more.

In other Iraq election news, UN officials warned on Thursday that the UN itself cannot officially monitor the polls because it played a part in setting up the elections. Some officials are concerned that monitoring problems could undermine the credibility of the election results and worsen fears of voter intimidation. No other international body has offered to dispatch monitors; a Canadian-based group of election experts called the International Mission for Iraqi Elections was set up {Elections Canada press release] after an international conference in Ottawa in December and will send representatives to Jordan and to Baghdad's Green Zone, but insists it is not a comprehensive monitoring mission. The Financial Times has more.

[JURIST] A week after the United States agreed to release [JURIST report] accused terrorist Mamdouh Habib [Cageprisoners.com profile] to his native Australia, the Guantanamo Bay detainee's return home is now being delayed by logistical problems centered on the US government's refusal to allow Habib to travel unshackled over US airspace. While they have agreed to avoid US airspace during the return flight, Australian authorities argue that they cannot shackle Habib during the trip because no charges have been filed against him. Some legal scholars have called the US demands unreasonable, especially since the US has stated that it does not have evidence to charge Habib with terrorism. Habib's release coincides with the de-classification and release of his claims that he was taken to Egypt and tortured upon his 2001 capture in Pakistan, at which time he claims he was forced to sign a false confession. The Washington Post has more. Australia's The Age has posted a timeline of events since Habib's capture in October 2001.

[JURIST] The Indiana Court of Appeals [official website] ruled Thursday that the state's constitution does not require governmental recognition of same-sex marriage. The lawsuit was filed on behalf of three same sex couples who argued that law was unconstitutional because it limited the choices of homosexuals. In its opinion [text], the court wrote:

What we decide today is that the Indiana Constitution [text] does not require the governmental recognition of same-sex marriage, although the legislature is certainly free to grant such recognition or create a parallel institution under that document. Nevertheless, Indiana’s DOMA, Indiana Code Section 31-11-1-1, does not violate Article 1, § 23 of the Indiana Constitution because opposite-sex marriage furthers the legitimate state interest in encouraging opposite-sex couples to procreate responsibly and have and raise children within a stable environment. Regardless of whether recognizing same-sex marriage would harm this interest, neither does it further it. The ability of opposite-sex couples to reproduce "naturally" and unexpectedly is the characteristic that rationally distinguishes them from same-sex couples. For much the same reasons, Section 31-11-1-1 also does not violate Article 1, § 12 of the Indiana Constitution. Finally, the Plaintiffs have failed to establish that they enjoy a "core value" right under Article 1, § 1 of the Indiana Constitution to marry each other and receive accompanying government benefits that is materially burdened by Section 31-11-1-1, even if Article 1, § 1 is currently capable of independent judicial enforcement in this context, which is doubtful. Section 31-11-1-1 does not run afoul of the Indiana Constitution and we conclude the trial court properly dismissed the Plaintiffs' complaint because they failed to state a claim upon which relief could be granted.

[JURIST] Chile's Supreme Court said Thursday that a judge who has been investigating allegations of tax fraud against former dictator Augusto Pinochet [BBC News profile; JURIST Newsmaker] can begin an international search for secret bank accounts belonging to Pinochet. Judge Sergio Munoz is investigating Pinochet's finances and is looking into allegations that Pinochet misused public funds and evaded taxes. Munoz has reportedly received permission to ask courts in the US, Spain, Switzerland, the UK and several other countries for more information about possible Pinochet accounts. Reuters has more. From Santiago, La Nacion has local coverage.

[JURIST] Leading Thursday's corporations and securities brief, US District Court Judge Sim Lake has decided against former top Enron [corporate website; JURIST Hot Topic] executives Ken Lay [wikipedia profile], Jeff Skilling [wikipedia profile], and Rick Causey in their attempt to move their trial outside of Houston. Skilling and Causey both face more than 30 charges, including fraud and conspiracy over allegations they manipulated Enron's bottom line to not only increase the company's stock price but also enrich themselves. Lay faces seven counts of fraud and conspiracy and four counts of bank fraud which will be tried separately. All three defendants have pleaded not guilty to all counts. The three executives had asked in November that the trial be moved out of Houston because the city was too deeply altered by the scandal and the press had prejudiced the jury pool. Although the judge, in making his ruling, did cite to several instances of the media making fun of the defendants, he indicated, "isolated incidents of intemperate commentary about the alleged crimes and their perpetrators do not rise to the level of 'inflammatory' where, as here, for the most part, the reporting appears to have been objective and unemotional." The next issue in this case is when the trial will take place which prosecutors and Lay want to start as soon as possible. Skilling is asking for a start of September 2005 while Causey wants an even later date. Read Judge Lake's opinion in its entirety [PDF]. Read the Lay, Skilling, and Causey indictment [PDF] and the SEC complaint [PDF]. The Houston Chronicle has more and continuing coverage of the Enron scandal.

In other news...

• SCO Group [corporate website] won a victory Wednesday as a federal judge ordered IBM [corporate website] to provide increased access to the code of its AIX and Dynix computer operating systems. SCO is seeking at least $5 billion in damages over claims IBM has used code from SCO-owned UNIX operating system in its applications developed for Linux operating system. SCO has more information on its lawsuit against IBM here. CBSMarketWatch has more.
  
  
• Google [corporate website] has lost a trademark dispute in France as a court ruled the search engine must not use the trademarks of European resort chain Hotel Meridian [corporate website] to trigger keyword ads. Google must stop linking to the hotel trademarks by Monday or face a daily fine of 150 euros and also pay all court fees and a 2,000 euro fine. CNET News has more.
  
  
• Massachusetts Secretary of State William Galvin [official website] announced his office has subpoenaed Morgan Stanley [corporate website] for information related to the investigation into brokerages failing to disclose payments received from insurers to sell variable annuities. The subpoena asks for information regarding which insurers' variable annuities Morgan Stanley sells and any payments made to promote certain products. The NASD [official website] is also conducting a review of Morgan Stanley's variable annuities sales practices. AP has more.
  
  
• Aramark Corp. [corporate website], a provider of vending services at sports stadiums, said in a SEC filing that a New Jersey jury has ordered it to pay $105 million in damages for serving alcohol to a fan at a football game who was later involved in a car accident which crippled a toddler. The company will pay $30 million in compensatory damages and $75 in punitive damages. Reuters has more.
  
  
• Citigroup [corporate website] announced its earnings slipped 5% last year after putting aside $5 billion in legal and regulatory problems. Read the Citigroup press release. The Financial Times has more.

[JURIST] Capitol Hill sources indicate some Senate Democrats will attempt to delay the vote on the nomination of Condoleezza Rice [White House biography] as secretary of state. The Senate reconvenes Thursday at 3 PM ET to debate the nomination. Aides said Democrats Barbara Boxer [official website] of California and Robert Byrd [official website] of West Virginia will give long speeches in opposition to the nomination in an effort to extend the debate until 7 PM ET, the beginning of the inaugural balls. Boxer and Byrd hope Republican members will not stay the debate which will effectively push the vote into next week. The Senate Foreign Relations Committee [official website] approved Rice's nomination 16-2 on Wednesday with the two dissenting votes coming from Boxer and Senator John Kerry [official website] of Massachusetts. Rice would become the first African-American woman to become secretary of state if confirmed. CNN has more.

UPDATE [9:30PM] ~ [JURIST] The vote to confirm Condoleezza Rice as Secretary of State has been postponed until next week in response to demands by Senate Democrats for a full debate on the nomination. Republicans agreed to allow for nine hours of debate next Tuesday, followed by a full Senate vote on Wednesday. While Senate Democrats do not deny that Rice will likely be confirmed without incident, the extended debate is widely seen as an opportunity to criticize President Bush's Iraq policy. CNN has details.

[JURIST] California officials lied to the US Supreme Court [official website] about racial segregation in the state's prisons, according to state prison guards and inmates quoted in the Wednesday edition of the Riverside Press-Enterprise. According to the newspaper, one correctional officer filed a whistleblower complaint with the state auditor over a false statement given to the Supreme Court in November. The guards and inmates say that segregation is rampant throughout the system. Late last year the court heard Johnson v. California [Duke Law backgrounder], the case of black male Garrison Johnson who claimed his 14th Amendment [text] right to equal protection under the law was violated by the prison's racial segregation policies. California Senior Assistant Attorney General Frances Grunder and Attorney General Bill Lockyer [official website] told the Supreme Court that racial segregation is limited to an inmates' first 60 days at a prison before they are fully integrated. Six correctional officers have said inmates, who are ruled by prison gang leaders, demand a division along racial lines in cell assignments and other aspects of prison life. The state attorney general's office briefly revisited the issue after Johnson's attorney said Lockyer and Grunder misled the court but was assured that the segregation is temporary. The case is still under consideration. Read the US Ninth Circuit ruling [PDF] appealed from. AP has more.

[JURIST] Chief Justice William Rehnquist, not seen at public events since mid-October, looked frail at Thursday's inaugural but administered the presidential oath in a strong voice without need of any assistance. Rehnquist, 80 and ailing after undergoing treatment for throat cancer this fall, arrived on the podium wearing a cap and using a cane, but did not need the help of an accompanying Marine or a staff aide, who followed behind. Wearing his distinctive chief's robe with its gold stripes, he set his cane aside before stepping up to the front of the podium to administer the oath bareheaded. The job done, he moved away from the podium without further ado as the newly-sworn President greeted family and well-wishers.

[JURIST] President Bush said achieving freedom throughout the world was "the urgent requirement of our nation's security, and the calling of our time," after he took the oath of office just before 12 Noon ET Thursday. The swearing in was the 55th presidential inauguration [official website] in US history. President Bush was sworn in by Chief Justice William Rehnquist [JURIST Newsmaker] who looked frail, making his first public appearance in several months after undergoing cancer treatment. Read the full text of President Bush's inaugural address. CNN has more.

[JURIST] The International Criminal Tribunal for Rwanda [official website; JURIST Hot Topic] is set to begin trials for 17 suspects charged for alleged roles in the 1994 genocide in Rwanda, according to prosecutor Hassan Jallow. The new trials will proceed alongside 25 cases already being tried. Jallow said investigations had been completed for 16 more suspects, and indictments will likely be filed by June in those cases. The UN-backed tribunal has previously been plagued by personnel and monetary shortages that have slowed progress. Any suspects not tried by the tribunal's expiration in 2008 will be transferred to national courts. The ICTR has already arranged for some suspects to be tried in national courts to speed up proceedings. Review the ICTR completion strategy [text, PDF] issued this fall. The UN's IRIN news service has more.

[JURIST] The Defense Department has announced that a third detainee at Guantanamo Bay [JURIST Hot Topic] will be released after a Combatant Status Review Tribunal [official website] determined he was not an enemy combatant. The Defense Department said Wednesday the tribunals had recently conducted 87 status review proceedings, only changing the status of one detainee. The Department did not provide details on the detainee to be released, but said it would provide further information after he was transferred. Combatant Status Review Tribunals have been used to review the cases of those held at Guantanamo Bay since being captured in Afghanistan in 2002. Of 330 cases reviewed thus far, only three detainees have been released. All other detainees have been deemed properly classified. The US has, however, released other detainees from Guantanamo Bay prior to their cases being reviewed. Read the Defense Department press release.

[JURIST] In Thursday's international brief, Savo Todovic, former deputy commander of the Serb-run Foca concentration camp [University of the West of England backgrounder], was officially charged at the International Criminal Tribunal for the Former Yugoslavia [ICTY official website] on Wednesday. The indictment [official text in French] alleges a combination of war crimes, crimes against humanity, and breaches of the Geneva Convention, for a total of 18 charges. Todovic was turned over to the Court on Saturday, following his surrender to Bosnian Serb officials. Todovic is the first war crimes suspect to be surrendered by the Bosnian Serb government [official website] to the ICTY, and has raised hopes that the promises of support and cooperation from the Bosnian Serb government will actually be enforced. Read the ICTY press release.

In other international legal news ...

• In a ruling published Wednesday, Manhattan US Magistrate-Judge Frank Maas allowed the extradition of Muhamed Sacirbegovic, naturalized US citizen and former Bosnian ambassador to the UN, to Bosnia and Herzegovina [official website]. Sacirbegovic faces an investigation by Bosnian officials on allegations that he embezzled over $2.5 million USD from the Bosnian mission to the UN. Maas stayed the actual deportation order by 10 days, to allow defense counsel time to file a habeas petition to appeal the ruling. Sacirbegovic was placed under house arrest after posting a total of $6 million USD in bail. Sacirbegovic argues that there is no valid extradition treaty between the US and Bosnia, and that Bosnia has failed to show probable cause for an investigation into a crime that, even if committed, occurred on US soil. ISN News has more.
  
  
• Former Zimbabwian Minister of Information Jonathan Moyo filed a civil suit Thursday alleging defamation of character by Lands Minister John Nkomo and Zanu-PF chief Dumiso Dabengwa and asking for over $300,000 USD in damages. Moyo was fired from his position in December, as the internal ranks of President Robert Mugabe's Zanu-PF [official party website] party jockeyed for favor in light of Mugabe's announcement that he would not seek reelection in 2008. Moyo, the author of Zimbabwe's controversial media restriction laws, was accused of organizing a coup to overthrow Mugabe, and was fired not only from his position as Minister of Information, but also from the upper ranks of the Zanu-PF. The parliamentary seat that Moyo then decided to run for was promptly reserved for a female candidate in order to meet the government's quota of women in office. South Africa's Independent Online has local coverage.
  
  
• An official Sudanese government [official website] commission investigating the human rights situation in Darfur published its findings Thursday. The commission, led by former judge Dafalla al-Hajj Yusuf, held that serious human rights breaches had occurred at the hands of both sides of the conflict, but that, although rape and torture as well as murder was committed, there was no evidence of genocide. The commission also claimed that the total number of deaths from both sides of the conflict did not exceed "a few thousand persons" and that the widely accepted UN figures of over 70,000 dead "are not accurate". The commission is seen as an attempt by the Sudanese government to diffuse the upcoming January 25 report by a UN Security Council [official website] mandated investigation into the abuses in Darfur. That report is expected to be highly critical of the government and to lay out very serious figures and charges. JURIST's Paper Chase has continuing coverage [JURIST country archive] of the situation in Sudan. The Sudan Tribune has local coverage.

[JURIST] Opposition leader Viktor Yushchenko [BBC profile; official campaign website in Ukrainian] will be sworn in as the new Ukrainian president at noon on Sunday. The Ukrainian Parliament voted to approve a Sunday ceremony after the country's Supreme Court rejected an appeal by former Prime Minister Viktor Yanukovych [BBC profile], saying there was not enough evidence to support his claim that millions of people did not get a chance to vote. Chief presiding justice Anatoly Yarema said "the decision is final and cannot be appealed." Government newspapers went to press with the official results of the December revote just prior to the court's announcement of its decision at 2:30 local time in Kyiv. Yanukovych representative Nestor Shufrich said the former prime minster still intends to appeal the Supreme Court decision to the European Court of Human Rights [official website]. Also today, Russian President Vladimir Putin [official English-language website], who had supported Yanukovych in the disputed election, sent congratulations [official statement] to Yushchenko saying, "the development of good-neighborly and equal relations with Ukraine is one of the most important national priorities of Russia." AP has more.

10:15 AM ET - AP is now reporting that Yushchenko will visit Moscow on Monday, a day after his inauguration as president.

[JURIST] A UK government spokesman announced Thursday that the court-martial [JURIST report] of three British soldiers accused of abusing Iraqi civilians has been "halted" at the request of the defense. The soldiers, from the Royal Regiment of Fusiliers [official website], are accused of using civilians to simulate sex and violence. The case is similar to one involving the abuse of Iraqi prisoners by US soldiers at Abu Ghraib [JURIST Hot Topic]. Photos [BBC News selection] of the various acts were published earlier this week after they were presented in court. Review the charges against the three soldiers [BBC News summary] and read the British Army chief's response to the photographs [UK Ministry of Defense statement; also issued in Arabic]. Reuters has more.

10:35 AM ET - Prior to the halt, presiding judge advocate Michael Hunter asked that no more public statements be made on the case that could prejudice the trial of the officers; UK Attorney General Lord Goldsmith has also written to British newspapers requesting that they not publish any material of a prejudicial nature. BBC News has more.

[JURIST] Pre-trial motions in a lawsuit brought by Washington Republican gubernatorial candidate Dino Rossi [official website] contesting the 129-vote victory of Democratic Governor Christine Gregoire [official website] in a hand recount begin Thursday. The case, which gets under way in heavily Republican Chelan County, will most likely reach the state Supreme Court, which has ruled on election-related issues several times already. The Rossi campaign and others are suing Secretary of State Sam Reed [official website], all 39 counties and their auditors or other top election officials, state House Speaker Frank Chopp, and Lieutenant Governor Brad Owen in his role as president of the state Senate. In the first statewide count, Rossi beat Gregoire by 261 votes which shrank to 42 votes after a machine recount. A hand recount of 2.9 million ballots cast made Gregoire the winner. Republicans argue that errors by election workers' errors, especially in the Democratic stronghold of King County [official website], allowed potentially thousands of illegal votes which makes it impossible to determine a winner. The trial court judge will hear motions today from several counties attempting to drop out of the litigation and a Rossi campaign motion [text, PDF] to speed up the pre-trial discovery process. The state Democratic Party, which intervened in the case, would like to delay discovery until the court considers the underlying constitutional issues. The Democrats also objected to a Republican attempt to subpoena a Washington State Patrol's criminal history records database, which the Republicans hope to use to show many convicted felons may have voted illegally November 2. Read Rossi's petition for a re-vote [PDF]. The Seattle Post-Intelligencer has local coverage.

[JURIST] Chief Justice William Rehnquist [JURIST Newsmaker] will swear in President Bush for his second term at Noon Thursday during the 55th Presidential Inaugural Ceremony [official website]. Rehnquist, battling thyroid cancer since October, has missed Supreme Court sessions for the past three months while receiving chemotherapy and radiation. Chief Justices, who are traditionally asked to swear in the president, have failed to administer the Presidential oath only eight times. Today will be the fifth time for Rehnquist, who's been in office since 1986. AP has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Thursday, Jan. 20.

The 55th Presidential Inaugural Ceremony [official website] will be held today, beginning at 11:30 AM ET as Vice President Dick Cheney takes the oath of office. President Bush will be sworn in at 12 PM ET. View a schedule of events. A live webcast of the day's events is available via C-SPAN beginning at 8 AM ET.

The US Senate [official website] will reconvene today at 3 PM ET, when it will take up consideration of President Bush's cabinet nominations. A live webcast is available via C-SPAN 2.

At the UN, the General Assembly [official website] will elect judges to the International Criminal Tribunal for the Former Yugoslavia. Read a letter [text, PDF] to the General Assembly from UN Secretary General Kofi Annan concerning the judicial elections. A live webcast is available from the UN at 10 AM ET.

At the International Criminal Tribunal for the Former Yugoslavia, the trial of Slobodan Milosevic [ICTY case background] continues today. A live webcast of proceedings begins at 9:30 AM local time [3:30 AM ET].