[JURIST] The US Ninth Circuit Court of Appeals ruled [opinion, PDF] Tuesday that the prison therapist of a Montana inmate did not violate the psychologist-patient privilege when he contacted the Secret Service to report a letter the inmate wrote threatening to kill President Bush. Robert Romo sent the letter to the White House and then told his therapist about its contents. Romo claimed at trial that the therapist's testimony should not have been admitted, but the court disagreed and convicted him of threatening the President in violation of 18 USC s. 871(a) [Cornell LII text]. The Ninth Circuit upheld the conviction, finding that Romo's conversation with his therapist occurred outside a therapy session, so the privilege was not violated. Read the US Attorney's press release on Romo's June sentencing, which includes a transcript of a second letter he sent to US District Judge Sam E. Haddon also threatening to kill the President. AP has more.

[JURIST] A Kuwaiti judge has approved an independent medical commission to investigate allegations of torture by 37 detainees being held by Kuwaiti authorities for plotting attacks against US soldiers and killing four policemen in January. The medical board, made up of three medical professors from Kuwait University [Health Sciences Center website], was directed to examine the detainees after the judge found scars on two of the suspects. Lawyers for the suspects claim they have been tortured to elicit confessions regarding the charges against them. The judge originally sent ten of the suspects to the Kuwaiti Interior Ministry [official website in Arabic] but their report was questioned by defense attorneys who called for the independent investigation. In February, the accused leader of the group died while in police custody from a heart attack after being taken to a military hospital for breathing problems, and a Kuwaiti journalist complained he was beaten by interrogators to give up his sources during a short detention by security officers. The question of torture in Kuwait prisons takes on additional significance as the US has transferred a number of terror suspects to Kuwait [NYT report] from Guantanamo Bay and elsewhere. Aljazeera has more.

[JURIST] A judge Tuesday pre-approved a $120 million settlement agreement [Covington diocese press release] for class action plaintiffs claiming they were molested by priests of the Roman Catholic Diocese of Covington [official website] in Kentucky, marking the largest settlement agreement yet for US church abuse victims. The ruling allows $40 million of the diocese assets to be paid to victims right away while the remaining $80 million is the subject of a lawsuit filed by the diocese and victims against two insurance companies. Plaintiffs' attorneys are now able to advertise the class action lawsuit, filed in 2003, to victims who must come forward with their claims by November 10. Individual awards are expected to be in the $5,000 to $450,000 range, depending on the severity of the abuse. The judge will determine the final settlement approval number in January 2006 based on the claims brought forth by the victims. The judge's decision follows a vote last month [JURIST report] by the US Conference of Catholic Bishops [official website] to extend a ban preventing abusive priests from working in the church. AP has more.

[JURIST] Leading Tuesday's corporations and securities law news, a Securities and Exchange Commission (SEC) [official website] spokesman said today that the agency still plans to pursue a $785 million civil suit against former HealthSouth Corp. [corporate website] CEO Richard Scrushy [official website] despite his acquittal [JURIST report] last week in the criminal case against him. The SEC filed a complaint [text] in March 2003 accusing Scrushy of leading the company's $2.7 billion accounting fraud and signing false financial statements, but the case was delayed because it conflicted with the criminal charges. Last week, US District Judge Inge Johnson allowed Scrushy access to $150 million of his assets, which had been frozen throughout the criminal trial, and also ordered the SEC to "show cause" in order to prevent their case from being dismissed. The SEC is seeking the $785 million to cover fines against Scrushy and to pay back shareholders of HealthSouth. AP has more.

In other corporations and securities news...

• The EU's Competition Commission [official website] voted Tuesday to allow Lufthansa AG [corporate website] to purchase Swiss International Airlines [corporate website]. In order for the $374.7-million takeover to be approved, Lufthansa had to agree to give up many of its takeoff and landing spots throughout Europe. The US yesterday approved the merger without requiring any concessions. The soon to be joined companies said in a joint press release that the purchase helps "ensure the long-term future of the air transport connections that are so crucial to Switzerland." In a press release, the commission said that the company's concessions were necessary so as to "not lead to higher prices or reduced choice of carrier." Bloomberg has more.
  
  
• The US and Brazil have reached a tentative truce in their battle over US cotton subsidies. Brazil had filed a formal complaint [AP story] against the US for not complying with a WTO [official website] ruling that called on the US to cut its cotton subsidies. The complaint asked for higher tariffs on US exports to offset US subsidies. Seeking to make amends, President Bush today called for Congress to eliminate the offending subsidies. AP has more.
  
  
• In a filing today, Northwest Airlines told the SEC that it must cut costs to remain viable. The airline said that it is in ongoing negotiations with its employees' unions but must lower its pension and labor costs. AP has more.

[JURIST] US National Security Advisor Stephen Hadley [White House profile] said Tuesday that President Bush has not changed his position on environmental policy but wants to broaden the debate at the G8 summit [official website] on matters beyond the Kyoto accord. Hadley said Bush was concerned with focussing on solving "inter-related problems" such as pollution, poverty alleviation and the development of secure energy supplies. These comments come in the wake of remarks from Bush [JURIST report] during a White House interview with Danish television [recorded video via DR] last week in which he said that agreeing to the requirements of the Kyoto Protocol [text] on climate change would have "wrecked" the US economy. Reuters has more.

[JURIST] Leading Tuesday's states brief, the Oklahoma Supreme Court Tuesday struck down the Oklahoma Municipal Employees Collective Bargaining Act [text] as unconstitutional. The state law allowed municipal employees to unionize in cities with populations greater than 35,000. The court found the law unconstitutional because it discriminated against municipal workers in towns with smaller populations, and Justice Steven W. Taylor wrote in the majority opinion "to avoid the special treatment of a special law, the privilege of collective bargaining must extend to employees of all the cities throughout the state if it is to extend to any." Attorneys for the American Federation of State, County and Municipal Employees [official website] and the Communications Workers of America [official website] argued that the smaller population limits have been upheld. AP has more.

In other state legal news ...

• The Connecticut Supreme Court has upheld [PDF text] a $300,000 punitive award granted by an arbitration panel because "Connecticut does not have a well-defined public policy against the award of excessive punitive damages." The arbitration award was given to two Subway franchise owners after the panel determined that Subway [corporate website] founder Fred DeLuca violated the Connecticut Unfair Trade Practices Act [text]. The panel awarded no compensatory damages, but granted each franchise owner $150,000 in punitive damages. AP has more.
  
  
• The North Carolina Court of Appeals ruled [text] Tuesday that the firing of a Randolph County investigator by a district attorney, after the investigator publicly criticized the district attorney, was within the district attorney's power. The appeals court held that the decision to fire the investigator "rested within [the district attorney's] lawful and discretionary scope of authority" and that the firing was not injurious to the public or against the public good. During the investigator's campaign for sheriff, he chastised the district attorney for several prosecutorial decisions. AP has more.

[JURIST] Leading Tuesday's international brief, Nepal Bar Association [profession website] president Shambhu Thapa has called on King Gyanedra [official profile] to relinquish his position as chairman of the Council of Ministers, which would effectively remove Gyanedra's direct control of the Nepalese government. Thapa criticized the five months of direct, monarchial rule since the February 1 declaration of a state of emergency [JURIST report] as unfruitful, and encouraged Gyanedra to remain involved only as the "last custodian" of the Nepalese government. Thapa also scorned comments made last week by former Chief of Army Staff Sachit Shamsher Rana, who had called for political parties to be declared "anti-national elements." JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. NepalNews.com has local coverage.

In other international legal news ...

• A highly controversial postal reform bill that will privatize the entirety of the Japan Postal Service [official profile] narrowly passed through the Japanese House of Representatives [government website] Tuesday, in a 233 - 228 vote. The bill will create four independent entites that will compete to provide mail in Japan with increased efficiency and speed. The over 300,000 employees of the Japan Post opposed the bill for fear of losing their jobs, and the status of those employees as a strong voting block, with significant sway in rural areas influenced politicians concerned with maintaining support. While a political victory for Japanese Prime Minister Junichiro Koizumi [official profile], the vote revealed a larger than expected split among his own Liberal Democratic Party [official website]. The bill will be presented to the upper house for approval, but a rejection there can still be overridden by another approval in the House. JURIST's Paper Chase has continuing coverage of Japan. Japan Today has local coverage.
  
  
• International press rights organization Reporters Without Borders (RSF) [advocacy website] has appealed to international icon Nelson Mandela [ANC profile] for assistance in fighting the extreme restrictions against journalists in place in Zimbabwe. RSF Secretary-General Robert Menard said that the organization was left no other option but to appeal for Mandela's help in light of recent tightening of the already strict journalist laws. Zimbabwe recently increased the jail time [JURIST report] applicable to journalists found to be "publishing falsehoods" from 15 to 20 years incarceration. RSF asked Mandela in a letter to use his status to ease those restrictions, which have already resulted in over 100 arrests in the last three years. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. ZimOnline has local coverage.
  
  
• Ahmadou Seck, head of the Electoral Unit of the UN Mission to Burundi [official website], as well as Paul Ngarambe, chairman of the National Independent Electoral Commission, praised the national elections held Monday in Burundi for the 100 seats in the National Assembly. While both organizations reported minor disturbances and irregularities in the voting process, neither reported any incidents that would alter the outcome of the result. Official results are slated for release Wednesday, but the preliminary tally [Reuters report] puts the Forces for the Defence of Democracy party, which represents the nation's Hutu ethnic majority, in the lead, with between 60-80 of the 100 available seats. The National Assembly and the Senate, which is scheduled to be elected later in July, will elect a new president for Burundi by a 2/3 majority no later than August 19. The FDD majority in the National Assembly, combined with the previous majority obtained in the Council elections [JURIST report], whose members will elect the Senators, virtually guarantees a Hutu will be elected president. AllAfrica.com has local coverage.

[JURIST] Interior ministers for Britain, France, Italy, Spain and Germany meeting prior to the G8 summit [official website] Tuesday announced a plan to put together joint flights to deport illegal immigrants from the European Union. The plan calls for planes to stop in each of the five nations to pick up illegal immigrants of the same nationality before returning them to their home country. The five countries - dubbed the Group of Five - hope that the combined effort will streamline Europe's attempt to eradicate illegal immigration. Another aspect of the proposed agreement are joint naval operations that would be carried out in the Mediterranean to block human trafficking from countries in Africa. French Interior Minister Nicolas Sarcozy [BBC profile] said that the deportation flights could begin in a matter of days. BBC News has more. The US currently operates a similar program of deportation flights to Mexico [JURIST report].

[JURIST] The prospects for an EU software patent directive [PDF proposal text] that would create a uniform software patenting system across Europe appeared limited Tuesday as European legislators expressed reservations about the measure. Many legislators and software companies fear that the law [EU FAQ] would limit innovation and restrict the work of small businesses. Currently, patent disputes are resolved in the individual countries; the new measure would allow the EU to determine the criteria for what kind of software may or may not be patented. The controversial legislation has been in development for five years and was originally scheduled to be voted on in November 2004 [JURIST report]. Large companies, supported by the European Information & Communications Technology Industry Association (EICTA), have said they support the measure [PDF press release] and believe the bill will simplify obtaining patents [EICTA press release]. The legislation is up for a vote in the European Parliament on Wednesday. AP has more.

[JURIST] Special Counsel Patrick Fitzgerald on Tuesday demanded the grand jury testimony [government memorandum, PDF] of TIME magazine reporter Matthew Cooper, even though TIME has turned over e-mails and other documents [JURIST report; TIME statement] to the probe into who leaked the name of CIA operative Valerie Plame [Wikipedia profile]. Fitzgerald also opposed the requests of Cooper and New York Times reporter Judith Miller to be allowed home detention rather than jail time for refusing to reveal their sources saying it would only make it easier for them to continue to avoid testifying. AP has more. Review additional court filings in the Special Counsel investigation of the Plame leak.

[JURIST] African leaders Tuesday approved a resolution at the fifth African Union Summit [official website] seeking two permanent seats on the expanding UN Security Council [official website]. The AU is calling for the number of Council seats be increased from 15 to 26, with six of the new members granted permanent seats with veto rights; two of the other permanent seats to go to Asia, one to Latin America and Caribbean and one to Western Europe and the remaining non-permanent seats will go to Asia, Eastern Europe, Latin America and Caribbean. No African country currently holds a Council seat. Japan, Brazil, India, and Germany, aka the G-4 nations, are seeking four permanent seats for themselves on the Security Council and have requested that their resolution [PDF, draft], which also offers Africa two permanent seats, be voted on in July [JURIST report]. The US supports expanding the Security Council [JURIST report] by "two or so" permanent members, saying any more may hinder the Council's efficiency. Reuters has more.

[JURIST] A German court said Tuesday that Sasser computer worm [Wikipedia backgrounder] author Sven Jaschan has admitted to data manipulation, computer sabotage and interfering with public corporations in one of the largest worm attacks conducted on the Internet. The destructive computer worm began knocking out the nearly 1 million computer systems it affected last May by spreading via Microsoft Windows [Microsoft Sasser resource] and eventually disrupted the computer systems [BBC report] of institutions ranging from the British Coastguard to Goldman Sachs. Jaschan, who had earlier confessed to police that he created the worm, could face up to five years in prison as well as having to pay monetary compensation. A verdict is likely to come down Thursday. Reuters has more.

[JURIST] The trial of radical Muslim cleric Abu Hamza [BBC profile] on 16 terrorism-related charges [JURIST report], including promoting the murder of Jews and others, began in London Tuesday. Hamza, who pleaded not guilty to all charges in January, was arrested by British police in May 2004 after US authorities charged him [PDF indictment] with trying to create a terrorist training camp in Oregon, involvement in hostage situations in Yemen and financing terrorism in Afghanistan. Once convicted or acquited he may be extradited to the US to face charges for his Oregon activities. AP has more.

[JURIST] The head of a major UN study on worldwide child abuse [official website] opened a conference [official website] of government and human rights officials from 52 countries in Europe and Central Asia taking place in Slovenia [press release] Tuesday by observing that in many countries, children are "treated like property and have less rights than cats and dogs." Paolo Pinheiro is a former Brazilian Secretary of State for Human Rights of Brazil and has been in charge of the UN General Assembly-mandated study since 2003. The UN says the study is being guided by the Convention on the Rights of the Child [official website], emphasizing "children's rights to physical and personal integrity, and outlines States parties obligations to protect them from "all forms of physical or mental violence", including sexual and other forms of exploitation, abduction, armed conflict, and inhuman or degrading treatment or punishment." AP has more.

[JURIST] The International Criminal Tribunal for the Former Yugoslavia (ICTY) [official website; JURIST news archive] announced Tuesday that the trial of former Kosovo Prime Minister Ramush Haradinaj [BBC profile; JURIST news archive] will begin in January 2007. The tribunal also said it expected the trial to take at least a year, and probably some 18 months. Haradinaj resigned [JURIST report] after being indicted [text] on charges of crimes against humanity and violations of the laws of war and pleaded not guilty [JURIST report] to all 37 counts of war crimes. He is currently back in Kosovo following his provisional release [JURIST report] pending trial under strict supervision by UN authorities. Ireland On-Line has more.

[JURIST] Iowa Governor Tom Vislack [official profile] Monday made good on a promise to restore voting rights to convicted felons once their sentences has been served. Last month he announced he would sign [JURIST report] an executive order to automatically restore voting privileges [official press release] on July 4. Previously, offenders had to apply to the governor's office to be allowed to vote again. Vislack denied privileges to 836 of the 3,501 who applied, largely because of outstanding court costs or attorney's fees. Iowa becomes the 46th state to allow automatic reinstatement of voting privileges; an estimated 50,000 Iowans are now eligible to vote. But since the action is an executive order and not a law, a future governor can overturn it with another order. President Bush signed similar legislation as governor of Texas in 1997 and called for re-integration of ex-felons into society during the 2004 State of the Union address. The Des Moines Register has more.

[JURIST] Senior Sunni clerics will soon announce plans to issue a religious edict, or fatwa, encouraging Sunni Muslims in Iraq to join the political process and support the drafting of a new Iraqi constitution, according to Adnan Dulaimi, head of the Sunni Endowment in charge of Sunni religious affairs, speaking Monday. Word of the edict came as the Iraqi National Assembly formally approved the addition of fifteen more Sunni members to the country's constitutional drafting committee who had previously been endorsed by a range of Sunni leaders [JURIST report]. The Washington Post has more.

[JURIST] A spokesman for the Iranian Judiciary [official website in Arabic] Tuesday denied reports that a man convicted of blinding another person would have his eyes surgically removed, saying the country would not carry out such a punishment. Earlier, an Iranian newspaper reported that the Iranian Supreme Court [official website] had rejected the appeal [JURIST report] of a man sentenced to have his eyes removed as punishment for blinding another man with battery acid during a fight. The spokesman said no final sentence has been issued and monetary compensation is a more likely outcome. IranMania has more.

[JURIST] The province of Quebec asked the Supreme Court of Canada [official website] on Monday for an 18-month stay of its ruling that overturned a ban on private health insurance [JURIST report]. The court found in favor of a Montreal man who objected to a law [text] that blocked him from paying for a hip replacement procedure himself in order to bypass a yearlong wait to have the operation under the public system. Quebec is seeking the delay to "ensure stability" [Globe and Mail report]. The delay would also push the issue into the next Canadian federal election. CBC News has more.

[JURIST] Indonesia Tuesday formally rejected a UN recommendation [JURIST report] that an international tribunal investigate and try those accused of human rights violations in its former province of East Timor [Wikipedia backgrounder] during the independence troubles there in 1999. While Indonesia and now-separate East Timor had previously agreed to establish a commission to investigate the abuses [JURIST report], a three-member UN investigatory panel recently described the commission as "manifestly inadequate" with "scant respect for, or conformity to, relevant international standards." The panel recommended UN Secretary General Kofi Annan give Indonesia six months to account for the atrocities, then allow an international tribunal to try those responsible. Indonesian Minister of Foreign Affairs Hassan Wirayuda stated that Indonesia and East Timor are working together to bring justice and the UN commission exceeded its purpose in calling for the tribunal. East Timor itself has lobbied against an independent tribunal [JURIST report], preferring to work with Indonesia and promote political stability internally. The Herald Sun has more.

[JURIST] In an interview with USA Today, President Bush Monday called for special-interest groups to "tone down the heated rhetoric" [interview excerpts] over the new US Supreme Court vacancy created by Friday's retirement of Sandra Day O'Connor [JURIST report] and focus on the "credentials and philosophy" of potential nominees. Bush objected in particular to criticism from both conservatives and liberals about the possible nomination of Attorney General Alberto Gonzales [Wikipedia profile], calling him a "great friend" and saying "when a friend gets attacked, I don't like it." Gonzales has been targeted by conservative groups opposed to his pro-abortion stances and by liberal groups opposed to his support for the Patriot Act and apparent ambivalence about torture and the Geneva Conventions. Bush has not yet announced a nominee to replace O'Connor, but he has said he wants a succesor in place when the Court's new term begins in October. USA Today has more.

[JURIST] The Chinese Foreign Ministry said in a statement Monday that the US Congress should "correct its mistaken ways" and "stop interfering in the normal commercial exchanges" between the two nations in response to House objections [BBC report] to a $18.5 billion bid [JURIST report] by the China National Offshore Oil Company Ltd. (CNOOC) [official website] to purchase US oil giant Unocal [corporate website]. The CEO of CNOOC defended the bid [UPI report], and said China has no plans to hoard oil and natural gas. Others simply see the move as part of a larger plan for increased US investment [Reuters report] by China, similar to Japanese investments [Chicago Tribune report] in the 70s and 80s. The Washington Post has more.

[JURIST] Lawyers for the state of Israel have argued in court papers filed with the Israeli High Court that moving a portion of the fully-constructed Security Fence [official website] as requested by Palestinian villagers is precluded by cost, said to be the first public admission by Israel that the route of the fence was not solely based on security considerations [IDF fence-routing backgrounder]. Residents of Azun, a Palestinian village cut off by the fence's departure from the 1967 Green Line border, had petitioned the High Court to direct a re-routing of the controversial West Bank barrier [Wikipedia entry]. After a 2004 High Court ruling that prohibited the state from basing barrier location decisions on "political" factors and relocation suggestions made by the International Court of Justice [advisory opinion], Israel had previously maintained that the fence could not be moved as its path was based solely on security. Observers also suggest that the new argument indicates that the Israeli government sees the fence as a long-term, not as a short-term solution as previously asserted. From Israel, Haaretz has more.

[JURIST] Philippines President Gloria Arroyo [official website] said in a statement Tuesday that she "welcomed" the endorsement of an impeachment complaint against her, eager for a chance to refute allegations of voter fraud in the 2004 national election. A controversial audio tape [Manila Sun-Star report] allegedly documents Arroyo planning to fix the election. Her husband has gone into voluntary exile [International Herald Tribune report] after being accused of taking money from gambling bosses, and opponents have called for her to resign. The statement called the charges against her "political grandstanding and mudslinging". AFP has more.

[JURIST] A member of Swaziland's Parliament says that King Mswati III [BBC profile] has sent the country's proposed Constitution [link to PDF], adopted by the House of Assembly and Senate in June [JURIST report] back to the country's parliament [official website] for further debate. While the document maintains broad powers for the king, he requested that parliament review a clause naming Christianity as Swaziland's only recognized religion and another providing pay for members of parliament even if the legislature is dissolved. The king must sign the constitution for it to become law. From South Africa, the Mail & Guardian has more.

[JURIST] In an unusual move sidestepping parliament, the French Cabinet Monday removed the legal difference between "legitimate" children, born to married parents, and "natural" children, born to unmarried parents. The distinction had been established in the original 1804 French Napoleonic code. In the future, as opposed to having to specially register as a new parent, unmarried mothers will automatically be recognized as the mothers of formerly "illegitimate" offspring. Unmarried fathers will still have to register with authorities at city hall. Almost 50% of French children in 2004 were born to unmarried couples, up sharply from 11.4% in 1980. The law will take effect on July 1, 2006. AP has more. From Paris, Le Figaro provides local coverage.

[JURIST] Iranian president-elect Mahmoud Ahmadinejad [BBC profile] said Monday that allegations that he is the man in a photo [JURIST report] taken during the 1979 hostage crisis are "baseless", according to report by the state IRNA news agency. An advisor to outgoing Iranian president Mohammad Khatamihas earlier denied the allegations [JURIST report] as well. "The dissemination of baseless information by Western countries despite enjoying advanced intelligence gathering capabilities is questionable," Ahmadinejad said. Iran also sharply denied charges that Ahmadinejad was involved [Guardian report] in the 1989 murder of an opposition leader, saying "The charges are so self-evidently false they are not worthy of response." AP has more.