[JURIST] British Army Corporal Daniel Kenyon denied all allegations of his involvement in the abuse and sexual humiliation of Iraqi prisoners during testimony at a court martial at a British military base in Germany Friday. Overwhelmed with emotion, Kenyon told the panel, "I'm telling you that there's just no way, no way that I would have got involved in this." The allegations of Kenyon's role in incident arose when he testified in a related trial last month. Upon reviewing the photos presented at evidence there [JURIST report] Kenyon was charged with aiding and abetting those who made detainees simulate sex acts and with failing to report the offenses to his superiors. While Kenyon testified that he reprimanded his men upon discovering the abuse humiliation, he stated there was little point in reporting the incident. Lance Corporals Mark Cooley and Darren Larkin are also accused to have been involved in the incident. Larkin pleaded guilty to battery, but other charges against him have been dropped [JURIST report]. Reuters has more.

[JURIST] A lawsuit seeking the release of over 500 unnamed terror suspects detained by the US government at Guantanamo Bay [JURIST Hot Topic] has been launched by the New York-based Center for Constitutional Rights [advocacy website]. The lawsuit, which joins over 70 separate cases already pending in the US District Court for the District of Columbia, was filed Thursday following a one-page order [PDF] written by US District Judge Ricardo Urbina [official profile] permitting the legal action. The order, without explanation, allowed the suit to proceed with unnamed detainees assuming ficticious "John Doe" designations. Urbina's order, however, does not address the vexing issue of lawyers' access to their clients. CCR provides a case synopsis and the petition for a write of habeas corpus [PDF], AP has more.

[JURIST] In Friday's environmental law news, the Washington State Supreme Court has ruled that local health boards cannot ban smoking in bars and restaurants. The Court, in Entertainment Industry Coalition v. Tacoma-Pierce Co. Bd. of Health [opinion text], held that a county board's resolution, "by imposing a complete smoking ban, prohibits what is permitted by state law: the ability of certain business owners and lessees to designate smoking and nonsmoking locations in their establishments." AP has more.

In other news,

• The European Union [official website] has decided to not set targets [EU press release] for reductions in greenhouse gases beyond the first stage of the Kyoto protocol in 2012. In talks between EU officials and US Secretary of State Condoleeza Rice, EU environment commissioner Stavros Dimas [EU profile] stated that he wanted the US, China, Russia, India, Japan and Canada to sign onto stricter commitments to reduce greenhouse gases before the EU would set its own targets. The EU's CO2 reduction target is an 8 percent by 2012 for the 15 original members. Dimas is facing some criticism from european environmentalists for not setting the extended targets. The UK Guardian has more.
  
  
• The Costa Rica government has unanimously approved a new national fisheries law yesterday. The law has been under debate for 10 years, when parts of the previous fisheries law (from 1948) were held unconstitutional. The law includes a prohibition on shark finning, requires shrimpers to use Turtle Exclusion Devices (TEDs), and has stiff penalties for anyone that harms endangered sea turtles. PRETOMA (Programa Restauración de Tortugas Marinas), a Costa Rican marine conservation organization, has more.
  
  
• The Nova Scotia (Canada) Department of Environment and Labor [official website] announced [press release] Thursday that a farmer will be permitted to spread a fertilizer containing industrial waste on his property, but not treated sewage. The farmer's permit to store and spread biosolid fertilizer was suspended last September follow a public outcry over the practice. The biosolids had been a treated mixture of human waste and rendering-plant sludge. While public official say there is nothing toxic or hazardous about the mixture, the farmer's new permit is limited to the sludge. CP has more.
  
  
• San Francisco mayor Gavin Newsom announced a plan Thursday that will effectively deputize 400 city workers to write up and fine litterers, following a 2 hour training session in the procedure. San Francisco street-cleaning crews removed 23,451 tons of trash from city streets last year, up 35 percent from 2003. Litterers will face fines ranging from $80 to $1,000, depending on the amount of trash and whether the person is a repeat offender. The San Francisco Chronicle has the full story.

[JURIST] A Bosnian court Friday acquitted eleven Serb policeman who had been linked to the murders of a Catholic priest and his parents during the Balkan conflict of the 1990s. Tomislav Matanovic and his parents disappeared in 1995 and their corpses were found in 2001 with close-range gunshot wounds. In the verdict, Banja Luka district court president Dusko Bojovic said that "It was not proved that they committed a criminal offence of illegal detention and keeping in detention of priest Tomislav Matanovic and his parents in Prijedor," and that there was no proved link between the detention of the Matanovics and their murder. The ruling is the first war crimes acquittal by a Bosnian Serb court. Human rights advocates are saying that inadequate investigations into the murders led to Friday's verdict. Reuters has more.

[JURIST] The Norwegian government Friday proposed a new copyright law that will make it illegal to copy music from legally purchased CDs onto MP3 players. The proposal, meant to bring Norwegian law in line with EU rules [EU summary of intellectual property legislation], will also allow fines and a maximum sentence of three years in jail for violating copyrights and engaging in computer piracy. Critics call the proposal unclear and unenforceable, but IT industry organization ICT-Norway [organization website; organization overview in English] said "the Norwegian government has shown a broad vision that is unique in Europe." The proposal must be approved by Norway's parliament before it will become law. AP has more. From Norway, Dagbladet has local coverage.

[JURIST] Britain's Law Society [profession website] has written a letter to Russian President Vladimir Putin, calling for an independent probe into the treatment of Svetlana Bakhmina, deputy general counsel of Russian oil company Yukos [corporate website; JURIST Hot Topic news archive]. Bakhmina was arrested in December and was allegedly subjected to harsh interrogation in breach of international law. Bakhmina, who remains in custody, has been accused of embezzlement [Kommersant report]. In a statement released at the time of Bakhmina's arrest, Yukos said that she was the third Yukos lawyer who had been questioned as part of the government's attempt to prevent the company to defend itself against having its assets seized. Yukos also said: "Our company has all grounds to announce that the activities of the Prosecutor General's Office are undisguised terror which can be compared to Stalin's terror of 1937 in its forms and methods." MosNews has more.

[JURIST] French President Jacques Chirac [official website] is set to join Spanish Prime Minister Jose Luis Rodriguez Zapatero [Wikipedia.com profile] in Barcelona Friday at a rally for the "Yes" side in Spain's upcoming referendum on the European Constitution, slated for February 20. The 25-nation constitution [EU history of the constitution; press pack] signed on October 29, establishes a permanent president and foreign-policy chief, creates an EU diplomatic service, improves crime-fighting and judicial cooperation, incorporates a charter of basic rights, simplifies voting on EU laws and shrinks the Brussel's based executive and regulatory arm. Eight other nations, including France, the UK, Czech Republic, Denmark, Ireland, Luxembourg, the Netherlands, Portugal, and Poland are also expected to hold referenda on the issue. Lithuania, Hungary and Slovenia have already ratified, and additional legislative ratifications will follow. All 25 EU member states must ratify before the constitution comes into force. Polls show that Spanish voters are likely to approve the European pact. Bloomberg has more. Visit the Spanish government's official website for the referendum campaign [in Spanish].

[JURIST] The US Marine Corps said Thursday that 2nd Lt. Ilario G. Pantano [Defend the Defenders profile] has been charged with premeditated murder in the shooting deaths of two Iraqi men during a vehicle search in Iraq on April 15, 2004. Details of the charges have not been released, but Pantano's attorney says the 33-year-old unit commander is innocent and fired on the two men because he feared they were attempting to detonate explosives. Under the Uniform Code of Military Justice [PDF], Pantano faces the death penalty if convicted. Reuters has more.

[JURIST] The Massachusetts Supreme Judicial Court [official website] has agreed to hear oral arguments on a request to block the court's May 17, 2004 ruling in Goodridge v. Department of Public Health [PDF] that legalized same-sex marriage [JURIST Hot Topic news archive] in the state. The appeal, filed by The Thomas More Law Center on behalf of C. Joseph Doyle, the executive director of the Catholic Action League of Massachusetts, calls for the decision on this issue to be determined by the "democratic processes outlined in the Commonwealth's Constitution rather than by the [court]". The decision to hear the appeal comes one week after the New York State Supreme Court ruled that state's ban on same-sex marriage violated the state constitution [JURIST coverage]. CNSNews.com has more.

[JURIST] An American Bar Association [profession website] report has concluded that representation of indigent defendants in the United States is in a "state of crisis." The report illustrates examples of innocent defendants pleading guilty to serious crimes, most often because of incompetent lawyers and pressure to accept guilty pleas. The ABA has more information [ABA press release], including the full text of the report [PDF] and an executive summary [PDF]. AP has a summary of the findings.

[JURIST] In Friday's international brief, Nigerian President and current African Union Chairman Olusegun Obasanjo [official profile] expressed outrage Friday after a plane carrying a Nigerian advance party was diverted from the Togo capital city of Lome and denied permission to land. The Nigerian group was on its way to Lome to meet with Faure Gnassingbe [BBC profile], current President of Togo [government website in French], to discuss the method used to install him in office. African and European governments have been critical of the constitutional changes that permitted Faure to maintain the power given him by the nation's military following his father's death. South African President Thabo Mbeki weighed in on the crisis for the first time, calling Faure's attempt at legitimate government "a charade". Obasanjo has withdrawn the Nigerian Ambassador to Togo, and is considering whether to accept a Togo offer to hold the talks in Faure's hometown of Kara. Many analysts view this as an attempt at power manipulation, since Faure's father's body is laid out for viewing in Kara and leaders would likely be hesitant to criticize how Faure rose to power after paying their respects to his father. JURIST has continuing coverage [JURIST Countries archive] of Togo. BBC News has more.

In other international legal news ...

• UN Secretary-General Kofi Annan Friday announced a "zero tolerance" policy on sexual relations between UN peacekeeping forces in the Congo and the native population. The new polcy was sparked by over 150 complaints of sexual abuse by peacekeepers of the UN Mission to the Congo [official website]. In an interview with the UK-based Independent, Annan said the measures only applied to the Congo mission, but that he was speaking to the 17 other UN missions around the world as well. Read the Independent report.
  
  
• In the face of new calls for sanctions on North Korea, Japanese Prime Minister Junichiro Koizumi [official profile] has urged caution and calm, saying that Japan did not want to antagonize North Korea when any possibility remained that they may return to the negotiating table. Japanese sentiment has already been running high against North Korea in relation to the admitted kidnapping of Japanese citizens for intelligence purposes and the failure to come clean about the possible remaining victims [JURIST report]. This distrust was exacerbated Thursday, when North Korea announced that it is withdrawing from the proposed six-party talks designed to address North Korea's nuclear capabilities and to propose methods to bring it in line with international regulatory standards. North Korea rejected the talks after claiming that a 'hostile US attitude' made the attempt at negotiation pointless. The statement was the first time North Korea officially admitted to having nuclear weapons. Read the North Korean official press release. Yomiuri has local coverage.
  
  
• At least ten human rights activists were arrested Thursday in Nepal when they protested the imposition of ant-democratic restrictions [JURIST report] put in place by King Gyanendra [BBC profile}. The activists were organized by the Nepalese activist group Human Rights and Peace Society [advocacy website] and those arrested inlcuded HURPES' vice-president and treasurer. The arrests came one day after the government released seven political leaders, including two former prime ministers, that had been put under house arrest following Gyanendra's takeover. The Nepalese Supreme Court asked the government to produce the seven individuals after a writ of habeas corpus was filed requesting their release. Kantipur Online has local coverage.

[JURIST] Lawmakers and interest groups reacted swiftly Thursday to US Senate passage [JURIST report] of the Class Action Fairness Act of 2005 [bill summary], Leading House Republicans hailed the Senate vote [DeLay, Sensenbrenner and Goodlatte press release] and welcomed the opportunity to take up the bill in the House next week. The US Chamber of Commerce Institute for Legal Reform [official website] similarly praised the passage of the bill [press release], claiming that the "Senate has taken a critical step toward granting families, consumers and employers relief from the heavy burden of lawsuit abuse." The American Trial Laywers Association [profession website] on the other hand criticized the legislation as "a shameful attack on Americans' legal rights." ATLA argues that the bill essentially insulates large companies from liability for wrongdoing by restricting the legal options of harmed individuals. Read the full ATLA press release.

[JURIST] Citing informants in China, a South Korean group has reported that North Korea has executed 70 refugees who were captured in China and subsequently returned to North Korea. The executions are believed to be an attempt to discourage further attempts by North Koreans to leave the country. The Commission to Help North Korean Refugees [advocacy website] is generally considered a reliable source of information. Reuters has more.

[JURIST] Reaction to Thursday's jury conviction [JURIST report] of civil rights attorney Lynne Stewart for assisting client Sheikh Omar Abdel-Rahman to communicate with his terrorist followers has been somewhat mixed. The National Lawyers Guild [official site] to which Stewart belongs quickly condemned the verdict [NLG press release] and the message it sent to attorneys that represent unpopular clients, asserting that the "government is bent on intimidating attorneys from providing zealous representation to unpopular clients." Other lawyers, however, suggested that Stewart had gone too far - Roger Williams law professor Peter Margulies told AP: "I think lawyers need to be advocates but they don't need to be accomplices". Stewart's defense website has no new information at this time, but asks viewers to "keep checking for updates." AP has more on reaction to the verdict. Stewart says she will appeal.

1:15 PM ET - Attorney General Alberto Gonzales [official bio] has called the verdict against Stewart "an important step in the Justice Department’s war on terrorism." Gonzales also said the conviction sends "a clear, unmistakable message that this Department will pursue both those who carry out acts of terrorism and those who assist them with their murderous goals." Read Gonzales' statement [text].

2:20 PM ET - Stewart and her attorney Michael Tigar gave an interview [transcript] Friday with Democracy Now. Indicating Stewart's intent to appeal, Tigar said:

Three weeks from yesterday, we will file post-trial motions analyzing some of the legal issues and evidentiary issues for Judge Koeltl to rule on. If he denies those motions, then the sentencing will go forward on July 15 and after that an appeal to the United States Court of Appeals for the Second Circuit, and on beyond. So we are less than halfway, let us say, through this very long struggle in the legal system.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Friday, Feb. 11.

The US Senate and House are not in session today. Both will resume business on Monday, Feb. 14.

At the EU, a recorded webcast is available at 9:15 PM local time [3:15 PM ET] of a summit earlier Friday between Spanish, French, German and other European leaders on the upcoming Spanish referendum on the European Constitution.

No trials are in session today at the International Criminal Tribunal for the Former Yugoslavia as it holds a plenary session. Lead prosecutor Carla Del Ponte will meet [press release] with Luxembourg Prime Minister and current President of the European Council Jean-Claude Juncker.