[JURIST] The Kansas Supreme Court [official website] on Friday temporarily stopped [ruling summary] Kansas Attorney General Phill Kline [official website] from accessing private abortion clinic records until a lower court determines whether Kline actually has a right to see the records. The state supreme court feared that Kline's insistence on access to records from two abortion clinics for his investigation of potential violations of state restrictions on abortion and suspected rapes of children could infringe on patients' rights to obtain confidential and lawful abortions without an undue governmental burden. If lower court Judge Richard Anderson determines that Kline does have the right to access the records of two abortion clinics, the high court insisted that Kline still ensure the protection of patients' privacy. At Kline's request, Anderson issued subpoenas for the records of two clinics operated by Dr. George Tiller [clinic website] involving 90 women and girls in 2004, and Kline launched his investigation [CBS report] in early 2005. Tiller's clinics, known for performing late-term abortions, was bombed in 1985, and Tiller himself was shot in both arms by a protestor in 1993. AP has more.

[JURIST] US District Judge Marcia Cooke said Friday that Jose Padilla [JURIST news archive] should not wear handcuffs and ankle chains during court appearances unless US government officials can show that Padilla poses an immediate safety threat. Cooke also ordered federal prosecutors to provide defense attorneys with final transcripts of thousands of intercepted telephone conversations by March 10, evidence that forms the basis of the prosecution's case. Padilla made his first appearance in front of Cooke since his transfer [JURIST report] in January from military custody as an "enemy combatant" to civilian law enforcement custody. Federal prosecutors in the case blamed US Marshals Service courtroom security policies for the handcuff requirement. Padilla was originally arrested in 2002 for allegedly plotting to plant a "dirty bomb," but the US government later charged [JURIST report] Padilla and four others with conspiracy and providing material support to terrorists for allegedly operating a North American cell providing finances, recruits and supplies to terrorists. Padilla's trial is scheduled to begin in September. AP has more.

[JURIST] The International Court of Justice (ICJ) [official website], the judicial arm of the United Nations, ruled [judgment, PDF; press release] Friday that it does not have jurisdiction over a case filed by the Democratic Republic of Congo against Rwanda on charges of aggression and human rights abuses stemming from the 1998-2003 civil war [Global Security backgrounder]. The ICJ asserted that Rwanda has not accepted UN conventions against human rights crimes like torture and degrading behavior, and therefore the ICJ could not rule [ICJ jurisdiction rules] on the charges upon which Congo based its case. Although the ICJ is responsible for resolving legal disputes between nations, it can only handle the case if the states concerned have joined UN treaties and conventions. Congo filed the suit [ICJ press release] against Rwanda in 2002, alleging armed aggression, mass slaughter, rape, arbitrary detentions, systematic looting and assassinations, while asking Rwanda to withdraw its troops. Public hearings [ICJ docket; JURIST report] began in the case last July. Congo recently brought a successful suit against Uganda [JURIST report], claiming that Uganda violated Congo's sovereignty during Congo's civil war. Reuters has more.

[JURIST] French immigration officials have deported a man from Mali involved in the riots [JURIST report] that overtook Parisian suburbs and spread across the country last fall, the first of seven foreigners so far found guilty in connection with the riots who will all soon be deported. French Interior Minister Nicolas Sarkozy [official profile; in French] initially ordered the deportations of all convicted in the riots [JURIST report] in November, but said Thursday that the delay was due to long legal procedures that hindered the deportation process but showed that France is a "state of law." Sarkozy originally asked local authorities to deport 120 foreigners arrested during the riots, but the government dropped most of the other cases because the suspects were minors or faced the prospect of double punishment for their participation. AP has more.

Previously in JURIST's Paper Chase...

• French judges rule against deportation of accused rioter
• France deports 7 rioters, pledges more deportations to come
• French government introducing stricter immigration controls after riots
• French interior minister preparing deportations as riots spread to Lyon
• French immigrants, rights groups question use of emergency laws
• French emergency laws helping to quell riots, say officials

[JURIST] US District Judge Reggie B. Walton [official profile] on Friday set a trial date of January 8, 2007 for former vice-presidential chief of staff I. Lewis "Scooter" Libby [CBS profile] on charges [indictment, PDF; JURIST report] of obstructing justice, perjury and making false statements regarding the leaked identity of CIA agent Valerie Plame [JURIST news archive]. Libby, who publicly outlined his defense strategy [JURIST report] this week, plans to introduce classified evidence [JURIST report] and subpoena journalists and news organizations [JURIST report] for reporters' notes and records, necessitating dual public and private tracks for the trial. Although Walton set the trial date in a public hearing, a private hearing was also scheduled for Friday to set deadlines for admissions decisions on Libby's classified evidence. AP has more.

[JURIST] The National Assembly of Bulgaria [official website] on Friday approved [press release] several amendments to the country's constitution [text] at first reading, responding to a warning from the European Union (EU) [official website] over corruption in Bulgaria. The amendments, which were approved by 183 lawmakers, would strip the legislature of its immunity from criminal prosecution, extend the power of prosecutors and create a procedure to dismiss supreme magistrates, among other requirements set by the EU in order to prevent delay in joining the bloc [JURIST report], scheduled for January 2007. In order to adopt the amendments, the legislature must approve the proposals by at least 180 votes at three separate sessions. AP has more.

[JURIST] In Friday's environmental law news, US Senator Pete Domenici, the Republican chairman of the Senate Energy and Natural Resources Committee [official website], joined by Senator Jeff Bingaman, the ranking Democrat committee member, has issued a report [DOC text, press release] calling for a mandatory trading program for carbon dioxide, methane and other greenhouse gas emissions. The committee plans to have meetings on the issue later this spring, in the hope of formulating a bill agreeable to both parties. Any bill would then be submitted to the Senate Environment and Public Works Committee [official website], whose chairman, Senator James Inhofe, has announced that he is currently opposed to the senators' goals. AP has more.

[JURIST] Ugandan High Court Justice John Bosco Katutsi [official profile] on Friday became the second judge to withdraw from the trial of opposition presidential candidate Kizza Besigye [BBC profile] for treason [JURIST report], citing primarily health reasons related to high blood pressure. Katutsi, who presided over Besigye’s trial for a rape charge [JURIST report] in which a jury recommended a not guilty verdict [JURIST report] on Wednesday, also attributed his withdrawal to allegations that he would favor Besigye since they come from the same area of Uganda. Besigye's defense lawyers contend that intimidation from Ugandan President Yoweri Museveni [official website; BBC profile] and his government forced Katutsi to step down and will prevent Besigye from receiving a fair trial. If Besigye is convicted of any charges, his candidacy for president in the February 23 election will be nullified, assuring a third term for Museveni, who originally assumed power in a 1986 coup. According to court officials, the trial will begin on February 15 with a new judge presiding. AFP has more.

[JURIST] A federal court hearing to decide whether Google [corporate website] will be required to comply with a request from the US Department of Justice [official website] for extensive excerpts from its search log has been postponed until March 13. US District Court James Ware gave no explanation for the delay. Last month, the DOJ filed a motion [PDF text; JURIST report] to force Google to comply with a subpoena for its records to support its defense of the constitutionality of the Child Online Protection Act [text]. The DOJ has made similar requests to Yahoo, American Online and Microsoft, but only Google chose to challenge the subpoena in court. The government's request for these records has evoked considerable concern from privacy advocates and members of Congress. Sen. Patrick Leahy (D-VT) [official website] has asked for more details [JURIST report] concerning the request from Attorney General Alberto Gonzales. Rep. Ed Markey (D-MA) [official website] has said he will introduce legislation [press release] "to prohibit the storage of personally identifiable information on internet data bases beyond a reasonable period of time." CNET News has more.

[JURIST] The Sudan People's Liberation Movement (SLPM) [FAS backgrounder] has threatened to take their northern counterpart, the National Congress Party (NCP) [Wikipedia backgrounder], to constitutional court if they fail to follow through on a peace deal enacted last year which ended Africa's longest civil war in southern Sudan [JURIST news archive] and established a coalition government. The southern party, SLPM, claims that the north has been reluctant to implement the deal. Yasir Aman, head of the SPLM, said that if the NCP attempts to force provisional orders through parliament without consultation, the SLPM will vote against all presidential decrees enacted before the coalition, including the Armed Forces Act and the nation's current NGO legislation, both of which have faced international criticism from the United Nations. The NCP currently occupies 52 percent of the government's 450-seat legislation and the SPLM occupies 28 percent of the seats. A vote of only 50 percent is required to pass a presidential decree, but the NCP cannot use its majority to force laws through parliament. Sudan has also come under criticism from the African Union, which recently denied [JURIST report] President Omar Hassan Ahmed Al-Bashier [official profile] the chairmanship of the Union, citing human rights abuses in the country's Darfur [JURIST news archive] region. Reuters has more.

[JURIST] Australian Prime Minister John Howard [official profile] has demanded an apology [radio interview transcript] from US Senator Norm Coleman [official profile], saying that Coleman wrongly accused the Australian government of participating in illegal bribes to Saddam Hussein's former Iraqi regime through the now-defunct UN Oil-for-Food Program [official website; JURIST news archive]. In a letter to the Australian ambassador to the US, Coleman, head of the Senate Permanent Investigations Subcommittee, said that evidence had been presented to the Australian inquiry into the scandal that officials were aware of bribes between the Australian Wheat Board (AWB) [corporate website], Australia's monopoly wheat exporter, and Saddam Hussein's government, and he expressed concern that Australian officials had told him in 2004 that they were unaware of any kickbacks. Senior AWB executives deny knowingly bribing the Iraqi government, claiming that they thought the cash was used for transport fees. Howard told Melbourne radio Friday:

I would like an apology from the American Senator alleging that evidence had been given implicating government officials in the alleged scandal. No such evidence has been given. There is no evidence before the commission implicating, I mean the word implication means that we were part of or involved in, no such evidence has been given but I really do have to legitimately ask that until the inquiry is completed, it’s not reasonable of me to make a judgement. It’s not for me to make a judgement about AWB’s culpability, that’s the role of the inquiry.

[JURIST] Responding to a petition from Cambodian Prime Minister Hun Sen [BBC profile], Cambodia's King Norodom Sihamoni [BBC profile] reduced the jail term of opposition politician Cheam Channy [Wikipedia profile] from seven years to three, officials said Friday. Cheam Channy, a member of the opposition Sam Rainsy Party (SRP) [party website], was arrested in early 2005, charged with attempting to form a group to overthrow the government and tried before a military court. After a one-day trial he was convicted and sentenced to seven years in prison. Diplomats and human rights groups have said the charges were trumped up and political in nature. A top advisor to the prime minister said the reduction in sentence was due to the fact that "Cheam Channy never sought the help of foreigners in pressuring Cambodia." It is possible that the prime minister will petition to have the remaining three years of Cheam Channy's sentence annulled. The leader of the opposition party, Sam Rainsy [BBC profile], was stripped of immunity at the same time as Cheam Channy and he immediately left the country [JURIST report]. Sam Rainsy was convicted in absentia on two counts of defaming political leaders and said last month that he will seek a royal pardon [JURIST report]. Reuters has more.

[JURIST] Robert J. Stein [Wikipedia profile], a former US Defense Department contract official for the Coalition Provisional Authority [official website] in Iraq, pleaded guilty [DOJ press release] Thursday to charges of conspiracy, bribery, money laundering, unlawful possession of machine guns, and being a felon in possession of a firearm. Stein, along with American businessman Philip Bloom [Wikipedia profile], was charged [JURIST report] last year, and stood accused of stealing $600,000 in cash, conspiring to steal $2 million and rigging bids on $8.6 million in reconstruction contracts. Earlier this week, Stein admitted his role in the conspiracy [JURIST report] in court filings. Five US Army officers were also allegedly involved [JURIST report] in the scheme. AP has more.

[JURIST] US District Judge Deborah A. Batts on Thursday denied a motion to dismiss a class action lawsuit against former Environmental Protection Agency [official website] head Christine Todd Whitman [official profile], saying her reassurances about the air quality in New York after the September 11 attacks "shock[] the conscience." The New York Environmental Law and Justice Project [advocacy website] brought the lawsuit [complaint, PDF; JURIST report] in 2004 against the EPA and its officials on behalf of residents, students and workers of Lower Manhattan and Brooklyn who were exposed to hazardous material from the September 11 attacks after being reassured by the EPA that the area was safe [EPA press release]. In her opinion [PDF text], Batts refused to grant Whitman immunity in the case, allowing the case against Whitman and the EPA to proceed to trial against the objections of the EPA. Though two of the four civil claims against the agency were dismissed, the judge found that Ms. Whitman made "deliberate and misleading statements" in the days following the September 11 attacks. Statements made by Whitman and other EPA officials attesting to the safety of the air quality were later refuted [NYELJP health studies]. AP has more.

[JURIST] The US Senate late Thursday evening passed a one-month extension [HR 4659 summary] of the USA Patriot Act [PDF text] by a 95-1 vote [roll call vote]. The extension until March 10 has already been approved by the US House [JURIST report] and will now go to President Bush for his signature. Sixteen provisions [CRS backgrounder, PDF] of the Patriot Act were set to expire at the end of last year, but after Congress failed to reach a long-term reauthorization compromise, the Act was renewed until February 3 [JURIST report]. Negotiations have stalled [JURIST report] over provisions that involve wiretapping and the extension of powers that some senators believe would infringe upon individual liberties. Sen. Russ Feingold (D-WI) was the lone dissenter against the extension. Bloomberg has more.

[JURIST Europe] Tension over the publication of cartoons depicting the prophet Muhammad [JURIST report] flared into violence in Europe and across the Muslim world Thursday and Friday with members of the Front for Defenders of Islam (FPI)[MIPT backgrounder] storming the Danish embassy in Jakarta and gunmen surrounding an EU office in Gaza. More trouble is expected in the wake of Friday prayers in several Muslim countries. Seventeen Arab nations are demanding that the Danish government punish the Danish newspaper Jyllands-Posten [media website; controversy news archive in English], which originally published the cartoons on September 30. The caricatures, deemed sacrilegious by Islamic tradition, have since been reprinted [Le Monde slideshow] in several major European papers, in several instances on their front pages. The Danish government has scheduled a meeting of foreign ambassadors on Friday to discuss the issue while Danish Prime Minister Anders Fogh Rasmussen [official profile] has again [January 31 recorded video in English] appealed for calm, commenting that the cartoons have led to 'a clash between Western free speech and Islamic taboos.' Jyllands-Posten has apologized [JP letter to readers] for the cartoons. BBC News has more.

9:03 AM ET - The Danish Prime Minister's statement to the ambassadors is now available in English. Rasmussen said:

We are faced with a problem, which can grow to a more global problem. The cartoons have now been reprinted in a number of newspapers all over Europe. And if the protests in the streets escalate further we maybe faced with unpredictable repercussions in all the affected countries. Therefore, I think we have a common interest in calming down feelings and in settling this affair.

As you know, the present situation has caused a heated debate in Denmark as well. I have called on all parties to abstain from any statement or action that will create further tension. I have called on representatives of the Muslim communities – including religious authorities – to convey the same message to fellow Muslims in Denmark and abroad. I have also asked the same people to help us correct the vast amount of misinformation that we have seen in the press in a number of countries.

On a final note allow me to look ahead. It may seem premature, as we do not know exactly how this will develop. Nevertheless, we do know that the debate on the very basic principles will continue. We are now witnessing a heated public debate here in Denmark and Europe as well as in Muslim countries. It is evident that we are dealing with core values in democracies and religious societies.

The real challenge is to avoid a clash of those values. We all have a responsibility to ensure that this does not happen. It is my firm belief that the only way ahead is a dialogue that allows us to strengthen our insight and understanding of each other...

Freedom of expression and freedom of the press are the very cornerstones of any democratic society. I firmly believe that it is the very right to question the status quo that allows a society to develop and prosper. But freedom of expression should always be combined with freedom of religion and respect between religions and cultures. Those are fundamental values in the Danish society – and in many other societies.

[JURIST Europe] A Russian military court has convicted a senior officer in the country's elite missile corps [FAS backgrounder] of modern-day slavery and contracting out conscripts under his command for personal gain. Deputy Commander Vladimir Kontonistov has been banned from holding any command for three years and fined 56,000 rubles (approximately $1,987). Prosecutors are appealing the sentence as too weak.

Kontonistov's conviction is yet another incident of conscript abuse within a post-Soviet military that is poorly paid and suffers from low morale and underfunding. Following a long national history of military conscription [HRW backgrounder], current Russian law provides for a two-year mandatory draft, but most candidates manage to avoid this by bribery or doctors' certficates, leading to low-quality intake and frustrated officers. Many who are conscripted have to be forcibly detained [HRW backgrounder].

The Russian Defense Ministry [official website] says that in 2005 16 Russian soldiers died of bullying and some 256 committed suicide [MosNews report]. The Union of Soldiers' Mothers Committees [advocacy website] claims that over 80% of abuse incidents go unreported, and those which are made public are generally disclosed by relatives, doctors or rights groups. The most recent high-profile incident took place on this past New Year's Eve, when Private Andrei Sychev was tortured and permanently maimed [RFE report] by his unit superiors at a Urals tank-training academy. Governmental investigation was slow as Russian Defense Minister Sergei Ivanov [official profile in Russian] initially considered the Sychev matter to be "nothing serious" despite the fact that it was brutal, resulting in gangrene and multiple amputations, and led to an uproar in the Russian press. Russian President Vladimir Putin [official profile] has since called the Sychev beating a terrible crime and has ordered the Ministry of Defense to co-operate in prosecutorial probe [RFE report]. Defense Ministry officials have announced that Chelyabinsk Armor Academy will be shut down. The Independent has more.

Angela Onikepe is an Associate Editor for JURIST Europe, reporting European legal news from a European perspective. She is based in the UK.

[JURIST Europe] A leaked memo reported in the UK Guardian newspaper Friday shows that Prime Minister Tony Blair [official profile] had committed to US plans to invade Iraq well before seeking legal advice on the military action and any second UN resolution giving more definitive authorization. The memo is described in more detail in a new edition of a book [publisher's website] by UK international law scholar and human rights lawyer Phillipe Sands [academic profile; 2005 ABC Australia recorded audio]. It details a two-hour White House meeting on January 31, 2003 - nearly two months before the invasion - between Blair and US President George W. Bush [official profile] in which Blair assured Bush he was 'solidly' behind US plans. Three weeks later, Mr. Blair informed the House of Commons of a plan to give "Saddam one further, final chance to disarm voluntarily," an action not discussed by the leaders, according to the memo. Although acknowledging the memo's existence, Blair's office has refused to comment on the conversation. UK Foreign Office lawyers repeatedly expressed doubts about the legality of the invasion, although final legal advice tendered to the government by English Attorney General Lord Goldsmith ten days before the war appeared to support it, contrary to what one senior deputy who resigned over the war later claimed to be his personal views to the contrary. The Guardian has more.

Angela Onikepe is an Associate Editor for JURIST Europe, reporting European legal news from a European perspective. She is based in the UK.