[JURIST] UN Secretary General Kofi Annan [official profile] on Wednesday called on nations to quickly sign and ratify the Comprehensive Nuclear Test Ban Treaty [PDF text] as he opened the fourth conference [CTBTO backgrounder] on bringing the treaty into force. Annan said countries' inability to agree on the issue was a "significant failure" that the world should be "gravely concerned about." A week after a major UN summit failed to address [JURIST report] nuclear non-proliferation, Annan and representatives of Canada, Australia, Kazakhstan and the UK urged ratification of the treaty to prevent future testing of nuclear weapons. Among the issues expected to be discussed at the conference which continues through Friday is the creation of a verification system that could also be used for early detection of tsunamis. The comprehensive test-ban treaty, originally signed in 1996, has collected 176 signatures, but has been ratified by only 33 of the 44 nuclear powers necessary for it to take effect. The US has signed but not yet ratified the treaty [JURIST report]; other key countries such as Pakistan, India and North Korea have not even signed it. Read Annan's complete conference statement [PDF text]. AFP has more.

[JURIST] A grand jury in Philadelphia on Wednesday issued a 418-page report severely criticizing the Archdiocese of Philadelphia [diocesan website] for alleged cover-ups of widespread clergy abuses [JURIST news archive] in the Archdiocese over the course of decades, but handed down no charges due to statute of limitations applying in most cases. The grand jury, convened in 2003, concluded that at least 63 priests, and possibly others, sexually abused hundreds of minors over the course of several decades. Jurors also found that abuse was known about and covered up by two previous archbishops, Cardinal John Krol [Wikipedia profile] and Cardinal Anthony J. Bevilacqua [Wikipedia profile], who transferred priests among parishes and ignored complaints to preserve the reputation and financial interests of the Archdiocese. The Archdiocese issued an equally stinging 70-page response [text] to the grand jury's findings, calling them "vile, mean-spirited diatribe." The response condemned abuses by priests, but it discounted allegations against Krol and Bevilacqua as unfounded. The Philadelphia District Attorney's Office has the complete grand jury report. The Philadelphia Inquirer has more [registration required].

[JURIST] The US House of Representatives [official website] on Wednesday unanimously approved H.R. 3768 [bill summary], providing $6 billion in temporary tax relief aimed at helping people and organizations hit by Hurricane Katrina [JURIST news archive]. In particular, the legislation offers $500 tax credits for those providing temporary housing for Katrina victims and raises caps on charitable donations made to charities helping those affected by the hurricane. The bill also allows temporary withdrawals from retirement plans, ensures that tax credits for child care and debt are based on 2004 income and offers businesses tax credits for hiring victims of the hurricane. The legislation focuses on short-term relief for those affected by the disaster, with Congress expected to work on longer-term relief efforts over the coming months. The tax bill is expected to receive quick approval from the US Senate and President Bush. A major issue of contention in Congress remains how the government should finance the recovery for the Gulf region that is expected to cost in the billions. Democrats and Republicans have jousted over whether to cut existing programs, increase the deficit or raise taxes to cover the costs. Reuters has more.

[JURIST] US Senate Judiciary Chairman Sen. Arlen Specter [official website] said Wednesday that the US Defense Department was blocking an investigation by the Senate Judiciary Committee [official website] into a highly-classified Army intelligence program that allegedly identified four of the September 11 hijackers a year prior to the attacks. The Pentagon Tuesday ordered officers and analysts involved with "Able Danger" [Wikipedia backgrounder; JURIST report] not to testify [JURIST report] at a public hearing held by the Judiciary Committee Wednesday. An attorney representing two of those barred from testifying by the Pentagon testified before the Committee [testimony transcript] in their place. Specter said the Pentagon's actions appeared to be obstruction, citing the Department's failure to deliver documents on Able Danger until the night before the hearing. The Committee has full transcripts of all the witnesses' testimony.

Investigations into the clandestine intelligence program that used high-power computers to scan public records to find intelligence information are also being conducted by the House Armed Services Committee and the Senate Select Committee on Intelligence. Lt. Col. Anthony Shaffer, a Defense Intelligence Agency liaison to the program, has claimed that it identified Sept. 11 ringleader Mohamed Atta [Wikipedia profile] and three other hijackers as potential members of al Qaeda, but that intelligence agencies failed to act on the information. The September 11 Commission [official website] has said, however, that it did not find any evidence to verify the claims. US Secretary of Defense Donald Rumsfeld has insisted that the Able Danger program is classified and information about it cannot be publicly disclosed. Reuters has more.

[JURIST] Hamdi Issac, one of four suspects in a spate of failed bomb attacks [JURIST report] in London on July 21, will be extradited Thursday to the UK, Italian sources reported Wednesday. The Italian high court had previously upheld a ruling [JURIST report] that Issac had to be extradited to British authorities within 35 days under a new EU arrest warrant [EU backgrounder]. Issac faces several terrorism charges in Italy under the country's new anti-terror laws. He was arrested [JURIST report] at his brother's apartment in Rome a week after managing to leave the UK on a train to Paris. Three other suspects in the attacks are currently being held by UK authorities. AKI has more.

Previously in JURIST's Paper Chase...

• London bombing suspect appeals extradition
• Italy will extradite London bombing suspect within 35 days
• Extradition hearing set for bombing suspect arrested in Italy

[JURIST] Court-martial proceedings against Pfc. Lynndie England [Wikipedia profile; JURIST news archive], 22, one of the highest-profile but lowest-ranking suspects in the Abu Ghraib [JURIST news archive] prison abuse scandal, began Wednesday in Fort Hood, Texas, with jury selection and opening statements. England faces seven counts of abuse and conspiracy in connection with actions depicted in widely published photos [JURIST report]. Unlike other defendants in the scandal, she has opted for a jury made up entirely of officers. Her defense, however, has already been complicated by a ruling by presiding Judge Col. James Pohl late Tuesday that prosecutors can use a statement that she made to investigators that implicates her in the abuses. Pohl had previously indicated that the statement and another similar one would not be admissible [JURIST report] because England allegedly did not understand the consequences of her actions. The first witnesses in the case are expected to begin testifying Thursday. AP has more.

[JURIST] Eight Democratic governors have called on President Bush and Congress to investigate reports of gas price gouging following Hurricane Katrina [JURIST news archive]. Citing a study [PDF text] by a University of Wisconsin economist that concluded rising gas prices were not solely attributable to Katrina, the governors said in a letter [PDF text] dated Tuesday that an investigation was needed into possible profiteering by some oil companies. Economist Don Nichols [official profile] concluded in the study that crude oil prices had been relatively steady following Katrina, which differs markedly from soaring prices at the pump. Governors from Wisconsin, Oregon, Michigan, Illinois, New Mexico, Iowa, Montana and Washington signed the letter. A spokesperson for the president said he has asked Attorney General Alberto Gonzales to handle allegations of profiteering, and the Senate passed legislation last week that requires the Federal Trade Commission [official website] to investigate possible price gouging. WI Gov. Jim Doyle [official website] has a news release on the governors' request. CBS News has more.

[JURIST] A group of European legislators have accused Italy of violating international human rights laws in its treatment of refugees after visiting a camp for asylum seekers on the island of Lampedusa [Wikipedia backgrounder]. The 12 socialist MEPs said conditions at the camp, located off the coast of Sicily, did not meet the standards set down in the UN Convention Relating to the Status of Refugees [text], as the facility lacked fresh water, proper hygiene, and access to legal and medical aid. The MEPs noted suspicions that Italian authorities had removed many of the refugees prior to their visit, as the camp was empty despite chronic complaints about overcrowding. One of the legislators, French MEP Martine Roure [official website, in French] said she believed the Italian government had improperly deported the refugees to Libya under a controversial agreement between the two countries. The group said they planned to gather evidence of violations at the camp for a future legal challenge. The UN High Commission for Refugees [official website] has previously condemned the deportation of refugees from Lampedusa, claiming that Italy had not afforded them sufficient legal process to determine their status. Italian MEP Stefano Zappala [official website, in Italian] warned that observers should not be quick to judge the situation and that the national context of Italy should be taken into account. The EU Observer has more.

Previously on JURIST's Paper Chase...

• Italy holding talks with Libya over resumed deportations
• Italy resumes migrant deportations
• Italy backs down on migrant deportations
• Italy abruptly turns back flow of illegal immigrants

[JURIST] European Commission President Jose Manuel Barroso [official profile] told reporters in Brussels Wednesday that he does not expect a European constitution [JURIST news archive] for another two to three years. While referendum failures in France [JURIST report] and the Netherlands [JURIST report] led to a June EU "crisis summit" [press release regarding agenda] and a "period of reflection", Barroso said "There hasn't been much reflection so far." He added, however, "That . . . should not be a source of paralysis for Europe" and vowed to push ahead with economic reforms, security improvements, and environmental protection. EU leaders are scheduled to meet in Britain next month to discuss developments and new initiatives with respect to the EU constitution. BBC News has more; Reuters offers additional coverage.

[JURIST] AP is reporting that a federal judge has approved settlements worth over $6 billion in civil litigation related to the WorldCom accounting fraud [JURIST news archive].

1:49 PM ET - Under the deals approved by District Judge Denise Cote, several corporate defendants involved in the fraud, including Citigroup and JPMorgan Chase, and former WorldCom directors will be required to pay back over $6.1 billion to approximately 830,000 investors who lost money when the telecommunications company collapsed in 2002. AP has more.

[JURIST] Harvard Law School [official website] will open its career services office to military recruiters beginning this fall, despite the Pentagon's refusal to sign the school's nondiscrimination pledge, Dean Elena Kagan [official profile] said Tuesday in a letter [text] to the law school community. According to Kagan, the Pentagon notified the University it would withhold federal grants, from which Harvard receives more than $400 million per year, under the Solomon Amendment [text] if the school continued to bar the Pentagon from the office. The military has traditionally not been allowed to recruit within the law school because the military's "don't ask don't tell" policy [text] violates the school's nondiscrimination policy, but the Solomon Amendment allows the US Defense Secretary to block federal grants to "institutions of higher learning that prevent ROTC access or military recruiting on campus." The Pentagon announced last week [Federal Register notice] that New York Law School [official website] is also ineligible for federal funds because of the institution's prohibition on military recruitment on campus and a Pentagon spokeswoman has also named Vermont Law School [official website] and William Mitchell College of Law [official website] as being in violation of the amendment and potentially facing loss of federal funding.

The US Court of Appeals for the Third Circuit suspended enforcement [opinion PDF] of the Solomon Amendment last year in a case brought by a group of law students and professors against Secretary of Defense Donald Rumsfeld, stating it "requires law schools to express a message that is incompatible with their educational objective," thus violating the school's rights to free speech. The Supreme Court agreed to hear the case [Duke Law backgrounder] in May and oral arguments are scheduled for December. A group of over 40 Harvard faculty members announced Wednesday that they have filed an amicus brief [PDF text] in the case. The Harvard Crimson has more. Inside Higher Ed has additional coverage.

[JURIST] The US House Resources Committee [official website] is considering Wednesday possible changes to the Endangered Species Act [text, PDF], which has been in effect for 32 years. Rep. Richard Pombo [official website] has introduced [press release] the bipartisan Threatened and Endangered Species Recovery Act of 2005 (TESRA) [PDF summary], and the House committee is expected to vote on the bill Thursday. The act would not require the government to set aside critical habitat for threatened plants and animals, which makes many environmentalists worry about taking away a key to many species' survival. Pombo has said the bill compensates for the elimination of critical habitat by strengthening the focus on species recovery. AP has more.

[JURIST] A commission investigating the murder of journalist Heorhiy Gongadze [Wikipedia profile] five years ago reported their findings Wednesday, concluding that the slaying was instigated by former Ukrainian President Leonid Kuchma [Wikipedia profile] and the current speaker of the Ukrainian Parliament [official website] . Gongadze, an Internet journalist who reported high-level corruption, was kidnapped and killed in 2000. The commission said that the voices of Kuchma, Parliament speaker Volodymyr Lytvyn, and other officials are heard on recordings where they are allegedly conspiring against Gongadze. The inquiry also accused former President Leonid Kuchma of ordering the kidnapping and murder. In an address to parliament Tuesday, the head of the investigatory commission called for Lytvyn's resignation and asked for a no-confidence vote for Prosecutor General Svyatoslav Piskun. AP has more. Reporters Without Borders has a press release.

[JURIST] US Sen. Arlen Specter [official website], chairman of the Senate Judiciary Committee [official website], asked President Bush Wednesday to delay nominating a replacement for retiring Supreme Court Justice Sandra Day O'Connor [Oyez profile]. Specter's announcement came after leading senators met with President Bush to suggest possible nominations [AP report]. Specter said he spoke with O'Connor, who is willing to remain on the court through the upcoming term ending in June. Specter believes the delay would give the county time to adjust to John Roberts [JURIST news archive] as Chief Justice. The Judiciary Committee will vote on Roberts' nomination on Thursday, with a full Senate vote following next week. Many names have been mentioned as O'Connor's replacement, and there is pressure on Bush to nominate a woman or a minority. Bloomberg has more.

[JURIST] Attorneys for some Guantanamo Bay [JURIST news archive] detainees asked for access to their clients' medical records Wednesday as they worried that the detainees' eight-week-long hunger strike [JURIST report] may be severely harming their clients' health. Lawyers for a group of 17 Yemeni detainees complained that their clients looked ill and many of their conditions were deteriorating. The detainees are participating in their second hunger strike to protest beatings and their indefinite imprisonments. A lawyer for 11 detainees believes that 90 percent of prisoners are participating in the strike [JURIST report] in some fashion. The military had previously stated that 128 detainees were participating, but yesterday, they reported that only 45 detainees have refused food or water for at least three consecutive days. The Washington Post has more.

[JURIST] In trial proceedings in Uzbekistan, Muidin Sobirov confessed Wednesday to his role as a key planner of the bloody demonstrations in the Uzbekistan city of Andijan in May [JURIST news archive]. Sobirov is among the 15 men charged [JURIST report] with being Muslim extremists and trying to overthrow the Uzbek government. The 15 defendants have pleaded guilty to all charges against them. Speaking from within a metal cage Wednesday, Sobirov confessed to his involvement with the Andijan religious group known as the Akramists, and the group's plans to overthrow the government and start an Islamic state. Prosecutors in the case also argued on the opening day of the trial that Western aid groups and media helped in the effort to overthrow the government [Guardian report], by "blacken[ing] the actions of the Uzbek government and help[ing] destabilise society." Human Rights Watch [advocacy website] released a report [text; press release] Tuesday alleging that the Uzbekistan government went to extremes to cover-up the killing of 187 demonstrators during the uprising; including torturing people to confess religious extremist involvement, and state that government force against protestors was warranted because the demonstration turned violent. The group has also called on the European Union and the United States to impose an arms embargo on Uzbekistan as well as a visa ban on senior Uzbek government officials. BBC News has more. The Uzbekistan National News Agency has local coverage.

[JURIST] Sen. Patrick Leahy [official website], ranking Democrat on the US Senate Judiciary Committee, said Wednesday that he will support the confirmation [Leahy statement] of John Roberts [JURIST news archive] as Chief Justice of the United States.

11:34 AM ET - In his statement to the Senate [text], Leahy expressed disappointment with the administration for failing to properly consult the Senate on Roberts' nomination or release all of the necessary documents for Senate consideration. Still, he announced that as with all judicial nominations, he has carefully weighed Roberts' nomination and concluded that:

Judge Roberts is a man of integrity. I can only take him at his word that he does not have an ideological agenda. For me, a vote to confirm requires faith that the words he spoke to us have meaning. I can only take him at his word that he will steer the court to serve as an appropriate check on potential abuses of presidential power.

I respect those who have come to different conclusions, and I readily acknowledge the unknowable at this moment, that perhaps they are right and I am wrong. Only time will tell.

All of us will vote this month but only later will we know if Judge Roberts proves to be the kind of Chief Justice he says he would be, if he truly will be "his own man." I hope and trust that he will be.

[JURIST] In Wednesday's environmental law news, the European Commission [official website] will introduce [press release] a package of measures aimed at improving air quality. In July, the Commission shelved its initial air quality plans, which were criticized as being too costly. The plans [Clean Air for Europe website] have been amended, and are expected to be less expensive to implement. Reuters has more.

In other environmental law news...

• Motiva Enterprises [corporate website] has agreed to settle [EPA press release] a civil lawsuit filed by state and federal regulators following an explosion at a Delaware oil refinery in 2001. Motiva will pay a $12 million civil penalty, $4 million for environmental projects, and $170,000 to reimburse the state and federal government for response costs. The civil penalty for the spill of sulfuric acid is the largest ever in Delaware. The Philadelphia Inquirer has more.
  
  
• The Animal and Plant Health Inspection Service [official website] seeks comments [notice text] on a proposed standard for the handling, care, treatment, and transportation of domestic ferrets. Comments can be made here until November 18, 2005.

[JURIST] The US Court of Appeals for the Second Circuit [official website] has granted a stay of US District Court Judge Janet Hall's decision to lift the gag order [JURIST report] imposed on plaintiffs suing the government over an FBI order issued under the Patriot Act. The ruling, issued late Tuesday, will prevent the unidentified library plaintiffs represented by the ACLU [press release] from discussing its lawsuit initiated last year after it received a National Security Letter [form letter, PDF] ordering it to turn over patron information. The ACLU has argued that the gag order prevents its client from participating in the debate over the USA Patriot Act [PDF text; JURIST news archive]. Wednesday's New York Times has more.

Previously in JURIST's Paper Chase...

• Judge lifts gag order against ID'ing librarians queried under Patriot Act
• ACLU seeks removal of gag order on library in Patriot Act case
• Library, ACLU sue federal government over Patriot Act subpoena

[JURIST] The Australian government said Wednesday it was pleased with the US decision [JURIST report] to resume military commission proceedings against Australian Guantanamo detainee David Hicks [Wikipedia profile; advocacy website] in light of a US federal appeals court ruling in Hamdan v. Rumsfeld [PDF text]. In a radio interview, Australian Attorney General Philip Ruddock [official website] said it was appropriate that the trial should proceed [ABC recorded audio]. However, Tim Bugg of the Law Council of Australia [profession website] said Wednesday that it is concerned [press release] that the trial would be a "true travesty of justice" arguing that

Mr Hicks could be months away from being placed at the mercy of a system that has been described by many as unfair, rigged and flawed. The constantly changing military commission process has been heavily criticised by legal experts from both Australia and abroad. Even the United States' own military lawyers have been scathing in their opinion of the system's ability to deliver justice.

[JURIST] Iraqi ex-president Saddam Hussein [JURIST news archive] will not be allowed to represent himself at trial, according to new procedural rules adopted by the National Assembly [Wikipedia overview]. Under the new rules adopted late last month, the rights of all defendants appearing before the Iraqi Special Tribunal [official website] were altered, allowing defendants only to "procure legal counsel of [their choosing]." Under the previous rules in force while the nation was under allied forces control, defendants were allowed to act pro se. It is suspected that the change was prompted as a way to avoid political grandstanding and propaganda that has the potential to delay proceedings and incite further violence in the region. Wednesday's Los Angeles Times has more.

Previously in JURIST's Paper Chase...

• Saddam lawyer decries lack of trial notice, cooperation
• Saddam lawyer says client has been denied due process
• Saddam meets lawyer to prepare for war crimes trial
• Saddam trial confirmed for October 19
• Saddam Hussein confirms sacking of legal team

[JURIST] Susette Kelo, whose case led to the June US Supreme Court ruling in Kelo v. New London [opinion text; JURIST report; Institute for Justice backgrounder], where the court held local governments can take homes for private development, urged [prepared testimony] the Senate Judiciary Committee [official website] Tuesday to end government involvement in these seizures and protect people's homes. The panel is considering proposals [hearing materials] to bar federal money from construction projects that benefit from the Kelo ruling. Addressing the committee, Kelo urged:

I sincerely hope that Congress will do what judges and local legislators so far have refused to do for me and for thousands of people like me across the nation: protect our homes under a plain reading of the U.S. Constitution. Federal lawmakers should pass legislation that will withhold federal development funding for cities that abuse eminent domain for private development - such as the one that could take my home, which received $2 million in federal funds. What we have now at the local, state and federal level amounts to "government by the highest bidder," and that has got to stop.

[JURIST] The European Court of First Instance [official website] Wednesday ruled that the European Union [official website] can freeze the assets of suspected terrorists under its treaty powers [PDF press release; judgment text]. The court dismissed complaints from alleged al Qaeda associates, Yassin Abdullah Kadi, Ahmed Ali Yusuf, and the Al Barakaat International Foundation, who had their bank accounts blocked by the EU. The court held that the bloc had the power to enforce the decisions of the UN Security Council [official website], which recommends whose assets should be frozen for alleged links to Osama bin Laden, the al Qaeda network and the Taliban. The court found the European Community competent to order the freezing of funds in connection with the fight against terrorism. Reuters has more.

[JURIST] Iranian Vice President Gholamreza Aghazadeh said Wednesday that Tehran does not plan to leave the Nuclear Non-Proliferation Treaty [PDF text; JURIST news archive], despite threats from its nuclear negotiator [JURIST report] Tuesday. Iran [JURIST news archive], which has opposed the attempts of the US and Europe to refer Iran to the UN Security Council [official website] for alleged failures and breaches of the treaty, met with representatives from Russia, China and the Nonaligned Movement [Wikipedia backgrounder], on the sidelines of a meeting of the International Atomic Energy Agency [official website] board in Vienna. Aghazadeh told reporters that leaving the non-proliferation treaty is not on Iran's agenda and said that Iran is looking to include other countries in its ongoing talks with European negotiators. AP has more.

[JURIST] The Michigan Partnership to Prevent Gun Violence [advocacy website] and other gun control advocates are gearing up to block a Michigan bill [PDF text] that would allow people to use deadly force for self-defense. Earlier this year, the groups were unable to block similar legislation in Florida [JURIST report; bill text]. The National Rifle Association [advocacy website] is working for the deadly-force legislation to become nationwide while the Brady Campaign to Prevent Gun Violence [advocacy website] and the Million Mom March [advocacy website] are publicly critical of the legislation and are trying to prevent the bills from leaving Michigan's House Judiciary Committee. Peter Hamm, director of communications for the Brady Campaign, said the group has been on the lookout for new legislation after the failure to block the Florida bill. The proposed Michigan bill, which mirrors Florida's measure, would enable people who feel threatened, even in public spaces, to meet force with force without liability or criminal culpability. The Brady Campaign worries that the bill will lead to increased use of concealed weapons by Michigan residents. Half of each chamber of the state legislature has recently been endorsed by the Michigan Coalition for Responsible Gun Owners [advocacy website], making it likely that the bill will be passed should it emerge from committee. However, Michigan Governor Jennifer Granholm [official website] would still need to approve the legislation before it is enacted. AP has more.

[JURIST] The US Defense Department [official website] said Tuesday that it has banned military officers and intelligence analysts from testifying on "Able Danger" [Wikipedia profile; JURIST report], the highly classified US Army intelligence program alleged to have identified Mohammed Atta [Wikipedia profile] and three other 9/11 hijackers as suspected al-Qaeda terrorists prior to the 9/11 attacks [JURIST news archive]. The personnel were scheduled to testify at a Senate Judiciary Committee hearing [witness list] Wednesday. This news follows a report that an unnamed Pentagon employee had been ordered to destroy Able Danger documents [JURIST report] prior to the hearing. A Defense Department spokesperson said that it is not possible to discuss Able Danger in an open public forum. Judiciary Chairman Arlen Specter (R-PA) expressed surprise at the decision and said that the American people had a right to know about the program's findings, thought to have been ignored by the 9/11 Commission [official website]. The Defense Intelligence Agency's liason officer to Able Danger, Lt. Col. Anthony Shaffer, said that he was told that the hearing would be classified [NewsMax report]. The New York Times has more. A live webcast of the committee hearing is available beginning Wednesday at 9:30 AM ET.