[JURIST] The French parliament may soon consider a draft bill proposing the addition of class action lawsuits [JURIST news archive] to France's legal system after French Minister of Economy, Finance, and Industry Thierry Breton [official profile, in French] introduced the legislation at a weekly cabinet meeting Wednesday. Currently, an association can collectively represent French consumers, but each claimant must be named individually in a lawsuit. According to the draft, class actions still will only be brought by national consumer associations and must concern goods or services valued less than 2000 euros ($2,550) and exclude medical issues. If court decides to hear the initial claim, additional claimants can be added to the suit.

French President Jacques Chirac [BBC profile; official profile, in French] advocated the adoption of class actions in January 2005, urging his government to fill the gap in consumer rights, while avoiding the alleged class action abuses of the American legal system. Just two months ago, France's Competition Council [official website, in French] recommended the establishment of class action lawsuits [AFX report] to counterbalance abuses by powerful companies. Le Figaro interviewed Breton [text, in French] about the draft class action bill Tuesday. AP has more.

[JURIST] The genocide trial [JURIST news archive] of Saddam Hussein [JURIST news archive] for allegedly killing 100,000 Kurds in the "Anfal" campaigns [HRW backgrounder] in the late 1980s was adjourned Wednesday just one day after it had resumed [JURIST report]. The trial of Saddam and six co-defendants, including Ali Hassan al-Majid [BBC profile], also known in the Western media as "Chemical Ali", is now scheduled to pick up again November 27. Several of Saddam's defense lawyers continued their boycott of the trial [JURIST report] Wednesday, while prosecutors completed their presentation of four individuals' eyewitness testimony in court. Prosecutors will likely call experts to the stand when the genocide trial resumes in a few weeks, as defense lawyers work to submit their own list of witnesses. AFP has more.

In a separate case and ruling issued Sunday, Saddam was sentenced to death [JURIST report] for crimes against humanity [charging instrument, PDF] committed in the Iraqi town of Dujail [JURIST news archive; BBC trial timeline]. An appeals panel is expected to rule [JURIST report] on Saddam's verdict and sentence by mid-January 2007.

[JURIST] An unnamed registered sex offender filed a lawsuit in federal court Wednesday seeking to block California Proposition 83 [text, PDF], a measure approved Tuesday by 70 percent of state voters [results, CA Secretary of State; Yes on 83 advocacy website] that would prohibit registered sex offenders from residing "within 2,000 feet of any public or private school or park where children regularly gather." The proposition also requires registered sex offenders to be "monitored by a global positioning system for life" as a condition of their parole. The suit alleges that bill "effectively banishes John Doe from his home and community for a crime he committed, and paid for his debt for, long ago." The legal challenge was anticipated, as there is debate whether the proposition could retroactively apply to an estimated 90,000 registered sex offenders residing in California. Critics of the proposition have argued that it is not only difficult to enforce [CACJ statement, PDF] but will drive registered sex offenders fearing relocation underground or force sex offenders to relocate far from social services.

Georgia passed similar legislation targeting registered sex offenders earlier this year which already faces legal opposition from a class [JURIST report] of over 10,000 registered sex offenders living in that state. AP has more.

[JURIST] Michigan voters Tuesday approved a constitutional amendment banning affirmative action [JURIST archive] in public employment, public education and state contracting. The Michigan Civil Rights Initiative [advocacy website] pushed Proposal 2 [text] which prohibits preferential treatment based on “race, gender, color, ethnicity or national origin.” Michigan follows California and Washington as the third state to restrict affirmative action practices. The Michigan Secretary of State reported the following unofficial returns Wednesday afternoon:

Yes 2,131,310 58 percent
No 1,545,862 42 percent

The amendment explicitly applies to the University of Michigan, whose affirmative action policies in admissions were reviewed by the US Supreme Court in the Grutter and Gratz cases in 2003. The court ruled that the US Constitution permitted the university to consider race as a factor in the admissions process, upholding the University law school admissions policy [Grutter opinion text] while rejecting the more rigid undergraduate admissions system as discriminatory [Gratz opinion text]. The amendment approved Tuesday does not apply to “action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.” AP has more. The Detroit Free Press has local coverage.

[JURIST] Arizona voters Tuesday overwhelmingly passed four measures directed against illegal immigration, approving each one by about a three-to-one margin across the state. If not overruled by the courts, Proposition 100 [text, PDF] will deny bail for illegal immigrants under certain conditions; Proposition 102 [text, PDF] will prohibit illegals from receiving punitive damages in civil suits; and Proposition 300 [text, PDF] will prevent illegals from using state funds for child care and education, including disallowing them to claim in-state tuition at college and universities. Proposition 103 [text, PDF] will establish English as the official state language. In 1988, Arizona voters passed a similar measure, but it was later overruled by the Arizona Supreme Court [text, PDF] and the US Supreme Court [text]. The Arizona Secretary of State [official website] posted the following results Wednesday afternoon:

AZ Prop 100
Yes: 890,021 - 77.8 percent
No: 253,472 - 22.2 percent

AZ Prop 102
Yes: 840,582 - 74.4 percent
No: 289,462 - 25.6 percent

AZ Prop 300
Yes: 809, 658 - 71.7 percent
No: 320,296 - 28.3 percent

AZ Prop 103
Yes: 849,772 - 74.2 percent
No: 295,632 - 25.8 percent

The Arizona Daily Star has local coverage.

Voters in Colorado also passed two anti-immigration referendums Tuesday. Referendum H [text, PDF], which would prohibit business from deducting wages paid to illegal immigrants, passed narrowly with 662,275 (50.8 percent) voting for and 642,509 (49.2 percent) against. Referendum K [text, PDF], which would direct the Colorado State Attorney General to initiate a lawsuit demanding immigration laws be enforced by the federal government, passed with 742,196 (56.0 percent) voting for and 582,752 (44 percent) against. The Rocky Mountain News has more.

[JURIST] Former US Army soldier Steven Green [JURIST news archive] pleaded not guilty Wednesday in a Kentucky federal court to charges related to his role in the rape and murder of a 14-year-old Iraqi girl and her family [JURIST news archive] in the Mahmudiya (also "Mahmoudiya") area in March. Green, who allegedly tried to burn the bodies of the victims to hide the crimes, was finally indicted [Reuters report] last week after a three-month delay at the request of prosecutors [JURIST report]. Prosecutors asserted that it would have been difficult to use evidence and witnesses simultaneously with military prosecutors in Iraq conducting an investigation [JURIST report] into four still-serving Army soldiers [JURIST report] facing courts-martial [JURIST report] for the deaths, and one other US soldier now in Iraq who was allegedly present for the incident and has been charged with failing to report it up the chain of command. Unlike the other officers implicated in the incident, Green is being tried in federal court [docket] because he was discharged due to a personality disorder before the charges arose. Green could be sentenced to a minimum of life imprisonment or even a death sentence for his involvement.

The Mahmudiya case has outraged Iraqi leaders [JURIST report], prompting Iraqi Prime Minister Nouri al-Maliki [official website] to launch an independent investigation [JURIST report] by Iraqis into the crimes allegedly committed by US troops. Reuters has more.

[JURIST] Former US Army soldier Steven Green [JURIST news archive] pleaded not guilty Wednesday in a Kentucky federal court to charges related to his role in the rape and murder of a 14-year-old Iraqi girl [JURIST news archive] and the murder of her family in the Mahmudiya (also "Mahmoudiya") area in March. Green, who allegedly tried to burn the bodies of the victims to hide the crimes, was finally indicted [Reuters report] last week after a three-month delay at the request of prosecutors [JURIST report]. Prosecutors asserted that it would have been difficult to use evidence and witnesses simultaneously with military prosecutors in Iraq conducting an investigation [JURIST report] into four still-serving Army soldiers [JURIST report] facing courts-martial [JURIST report] for the deaths, and one other US soldier now in Iraq who was allegedly present for the incident and has been charged with failing to report it up the chain of command. Unlike the other officers implicated in the incident, Green is being tried in federal court [docket] because he was discharged due to a personality disorder before the charges arose. Green could be sentenced to a minimum of life imprisonment or even a death sentence for his involvement.

The Mahmudiya case has outraged Iraqi leaders [JURIST report], prompting Iraqi Prime Minister Nouri al-Maliki [official website] to launch an independent investigation [JURIST report] by Iraqis into the crimes allegedly committed by US troops. Reuters has more.

[JURIST] The parliament of Kyrgyzstan [BBC backgrounder; JURIST news archive] voted Wednesday to adopt a new constitution [constitutional materials, in Kyrgyz] that will restrict presidential authority based on a compromise [JURIST report] reached Tuesday. The new constitution creates a presidential-parliamentary government, enlarging the parliament to 90 deputies and enhancing its power. Additionally, the president will no longer have the power to appoint the prime minister, who will now be nominated by the majority party in the parliament.

Kyrgyz President Kurmanbek Bakiyev [BBC profile] came to power [JURIST report] during the so-called Tulip Revolution [Wikipedia backgrounder] of 2005 in Kyrgyzstan during which former president Askar Akayev [BBC profile] resigned [JURIST report] amid charges of corruption and abuse of office. It is unclear whether Bakiyev will accept the new constitution. Reuters has more.

[JURIST] The Montgomery County Circuit Court in Maryland on Wednesday imposed a life imprisonment sentence on Lee Boyd Malvo [BBC profile], who pleaded guilty [JURIST report] last month to six Maryland murders that occurred during a three-week shooting spree [BBC backgrounder] in the Washington, DC area [WP map] in 2002. Malvo has already been sentenced to life imprisonment in Virginia [JURIST report] for sniper shootings there. Authorities confirmed that Malvo will be transported to Virginia this week since Maryland agreed to send him back after the conclusion of its trial. Malvo, however, may still be seeking a deal to pleads guilty to murders that took place in the District of Columbia, which would make him eligible to serve his sentence in the federal prison system, and not in Virginia.

Malvo testified in May [JURIST report] in the second trial against fellow suspect and shooting mastermind John Allen Muhammad [BBC profile], saying that Muhammed planned to "terrorize" the nation. Malvo had refused to testify in Muhammad's first trial in Virginia, citing Fifth Amendment protections. In the second trial, Muhammad was convicted and sentenced [JURIST report] to six consecutive life terms without the possibility of parole. AP has more.

[JURIST] A panel of the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] ordered prosecutors Wednesday to drop five of the 14 charges against Vojislav Seselj [BBC profile; ICTY case backgrounder], ruling that the dropped "crimes against humanity" charges were duplicates of "war crimes" charges also in the indictment [PDF text]. ICTY judges also ruled that the prosecution may not use evidence from certain sites, holding that there is enough evidence from other places to support the charges. Both determinations were made in an effort to speed up Seselj's trial.

The trial was originally scheduled to begin last week, but was delayed [JURIST report] in order to allow the defense more time to prepare. Seselj was indicted by the tribunal in 2003 and charged in connection with his role in establishing rogue paramilitary units affiliated with the ultra-nationalist Serbian Radical Party [party website, in Serbian]. Those units are believed to have massacred and otherwise persecuted Croats and other non-Serbs in the Balkan Wars of the 1990s. Seselj has pleaded not guilty to the charges. AP has more.

[JURIST] Ballot measures approved in three US states Tuesday will ban smoking in many public places. In Arizona, Nevada and Ohio [JURIST news archives] voters chose more comprehensive measures over less restrictive versions generally favored by the food and beverage industry. Ohio's Issue 5 [text via smartvoter.org], for example, prohibits smoking in workplaces and other public areas, with tobacco stores and private clubs among the main exceptions. The alternative Issue 4 [text] would have allowed separate smoking areas in restaurants, bars and other establishments. With 98.7 percent of precincts counted, the Ohio secretary of state's office reported these unofficial results [returns] for Issue 5 Wednesday afternoon:

YES: 2,147,792 (58.3 percent)
NO: 1,536,102 (41.7 percent)

From Cleveland, the Plain Dealer has local coverage.

The more-restrictive smoking bans passed by smaller but still decisive margins in Arizona [Proposition 201 text; unofficial results] and Nevada [Question 5 materials; unofficial results].

Meanwhile, voters in Arizona [Proposition 203 text; unofficial results] and South Dakota [Measure 2 text; unofficial results] favored measures raising excise taxes on some tobacco products, while similar tax increases were apparently defeated in California [Proposition 86 text; unofficial results] and Missouri [Amendment 3 text; unofficial results]. Successful measures in Florida [Amendment 4 materials; unofficial results] and Idaho [Referendum 107 text; unofficial results] will restrict the use of proceeds from the 1998 settlement between the tobacco industry and state attorneys general [backgrounder].

[JURIST] Mexican legislators in the Cámara de Diputados [official website, in Spanish], the lower house of parliament, voted Tuesday to prohibit Mexican President Vicente Fox [official profile] from traveling to Australia and Vietnam later this month, citing domestic concerns, including the ongoing conflict in Oaxaca, a state in southern Mexico, and small explosions in the nation's capital allegedly planted by guerilla groups on Monday. While the Mexican Senate [official website] approved the trip, Mexican law dictates that either house of Congress can vote to restrict the president's foreign travel. Fox responded by denouncing the prohibition as "partisan" and specifically criticizing Mexico's Institutional Revolutionary Party (PRI) [official website, in Spanish] and Democratic Revolution Party (PRD) [official website, in Spanish].

The same house of Congress blocked Fox from traveling to the US and Canada in April 2002. AP has more.

[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [transcript, PDF; additional transcript, PDF] Wednesday in the consolidated cases of Gonzales v. Carhart [Duke Law case backgrounder; merits briefs], 05-380, and Gonzales v. Planned Parenthood [Duke Law case backgrounder; merits briefs], 05-1382, which challenge the constitutionality of the federal prohibition of partial-birth abortions [JURIST news archive]. Proponents of the Partial-Birth Abortion Ban Act of 2003 [PDF text] argue that the legislation prohibits only a small percentage of abortions and does not infringe the right to an abortion. Pro-choice challengers contend that the act's overbreadth and vagueness create the potential for the government to prevent legal abortion methods performed during the first trimester. Justice Ruth Bader Ginsburg asked several questions suggesting a concern over the reach of the law, but Solicitor General Paul Clement [official profile] denied the possibility of infringing the right to an abortion, characterizing the methods prohibited under the act as "rarely-used" and "gruesome." The justices, who are revisiting the abortion issue for the first time since the appointments of Chief Justice John Roberts and Justice Samuel Alito, also speculated whether they are required to defer to Congress' legislative findings that partial-birth abortion is never necessary to protect the woman's health, a requisite provision for any abortion restriction. Alito's vote is expected to be pivotal since his predecessor, Justice Sandra Day O'Connor, voted to strike down a Nebraska law banning the same late-term procedure in the 5-4 decision [text] in Sternberg v. Carhart, handed down in 2000. Justice Clarence Thomas did not attend Wednesday's arguments due to illness.

On Tuesday, voters in several states voted no to restrictions on abortion [JURIST report]. South Dakota rejected a controversial law banning most abortions passed by the state legislature [JURIST report] earlier this year, while voters in California and Oregon turned back legislation that required guardian or parental notification before minors could undergo an abortion procedure. Last week, the Eighth Circuit Court of Appeals upheld a preliminary injunction [JURIST report] preventing South Dakota from enforcing a 2005 abortion law that requires doctors who perform abortions to tell women that abortion ends the lives of "human beings." AP has more.

[JURIST] Voters in nine US states approved ballot initiatives restricting the use of eminent domain [JURIST news archive] in mid-term elections Tuesday, reacting strongly against the 2005 US Supreme Court Kelo v. New London [opinion text; JURIST report] decision, which held that private redevelopment conferring economic benefits on a community qualifies as a "public use" allowing local governments to expropriate private property under the Takings Clause of the Fifth Amendment [text]. Measures in Georgia [Amendment 1 text, PDF], Nevada [Question 2 text, PDF; returns], and Oregon [Measure 39 text; returns] restricting the use of eminent domain for private projects passed with overwhelming approval, while voters in Florida [Amendment 8 text, PDF; returns], Michigan [Proposition 4 text, PDF; returns], New Hampshire [Amendment 1 text], North Dakota [Amendment 2 text, PDF; returns], and South Carolina [Amendment 5 text; returns] approved similar constitutional amendments by narrower margins. Arizona [Proposition 207 text; returns] voters approved a measure that requires compensation for regulatory takings and prohibits the use of eminent domain for private projects.

Meanwhile, three states indirectly supported the Kelo decision by rejecting various eminent domain restrictions Tuesday. California [Proposition 90 text, PDF; returns] voters narrowly rejected [No on 90 advocacy website] a measure that would have required compensation for regulatory takings and prohibited eminent domain for private development, but voters in Idaho [Proposition 2 text; returns] overwhelmingly rejected a similar measure. Washington [Initiative 933 text, PDF; returns] voters also rejected an initiative that would have required compensation for regulatory takings. CNNMoney.com has more.

[JURIST] Ballot measures limiting political campaign contributions and spending failed in two states Tuesday, while measures temporarily barring some former public officials from lobbying succeeded in two other states. Voters in California [JURIST news archive] soundly rejected [Stop Prop 89 advocacy website] Proposition 89 [PDF text], which would have provided public campaign funding [Yes on 89 advocacy website] for qualified candidates and imposed a 0.2 percent income tax on corporations and financial institutions to pay for the system. With votes from all but 10 of the state's 25,090 precincts counted Wednesday afternoon, the California secretary of state's office reported these unofficial results [returns]:

NO: 4,810,377 (74.5 percent)
YES: 1,652,771 (25.5 percent)

The Los Angeles Times has local coverage.

In Oregon [JURIST news archive], voters defeated Measure 46 [materials], which would have amended the state constitution to permit limits on political contributions and spending, even as they approved Measure 47 [materials], an intiative that would have implemented the limits had the constitutional amendment passed. The Oregon secretary of state's office posted these unofficial results [returns] Wednesday afternoon:

Measure 46
NO: 654,117 (59.8 percent)
YES: 439,380 (40.2 percent)

Measure 47
YES: 591,320 (53.3 percent)
NO: 518,151 (46.70 percent)

From Portland, the Oregonian has local coverage.

Successful initiatives in Colorado [Amendment 41 text; Denver Post unofficial returns] and Montana [Initiative 153 text; unofficial returns] will prohibit certain government officials from working as lobbyists for two years after leaving office.

[JURIST] US proponents of marijuana legalization took stock Wednesday after voters in Colorado, Nevada and South Dakota rejected mid-term ballot measures that would have decriminalized use of the drug in certain circumstances. In Colorado, voters on Tuesday rejected Amendment 44 [backgrounder, PDF] that would have legalized the possession of less than one ounce of marijuana for adults over age 21 who use the drug for recreational reasons and would have eliminated a current $150 fine imposed on individuals other than those who need marijuana for medicinal purposes. The amendment was pressed by the Safer Alternative for Enjoyable Recreation (SAFER) [advocacy website] after a bill was passed in Denver last year making the drug technically legal in the city. SAFER argued that legalizing pot would be less dangerous than alcohol use, but acknowledged that acceptance of the drug may take many years. But groups such as Guarding Our Children Against Marijuana [advocacy website], which argues that legalizing the drug will promote teenage drug use, were pleased with the amendment's rejection. The Denver Post has local coverage.

Voters in Nevada and South Dakota also rejected measures legalizing marijuana. In Nevada, Question 7 [text] would have allowed persons over 21 to purchase, possess, use and transport up to one ounce of marijuana. On Wednesday, the Nevada Secretary of State's office reported the following returns:

YES 44.07% 252,776
NO 55.93% 320,854

In South Dakota, voters narrowly rejected [returns] Initiated Measure 4 [text]:

NO 173190 - 52 percent
YES 157956 - 48 percent

[JURIST] Turkey's bid for EU membership [EC materials] still faces significant obstacles, including the slowing of reforms and laws inhibiting freedom of speech, according to report [PDF text] released by the European Commission Wednesday. EU Enlargement Commissioner Olli Rehn [official profile] highlighted Article 301 [Amnesty backgrounder] of Turkey's Penal Code, which makes insulting "Turkishness" a crime, and hostile trade relations between Turkey and Cyprus as key concerns. Article 301 has been used to prosecute Nobel Prize winner Orhan Pamuk [JURIST report], among other Turkish journalists and writers, for writing about the World War I-era alleged Armenian genocide [ANI backgrounder, Turkish DC Embassy backgrounder]. Although Turkish Prime Minister Recep Tayyip Erdogan [official website, BBC profile] said last week that his government has no plans to change the provision, he later appeared to change his position, inviting civil society organizations to propose reforms [JURIST reports] to the article. In addition, Finland is currently mediating the dispute between Turkey and Cyprus, which became an EU member state in 2004.

Rehn told reporters that the EU should be "both fair and firm" with Turkey, stating, "Turkey has continued political reforms, even though their pace has slowed down during the past year." At the same time, he announced that no new members would be accepted any time soon, as institutional reforms are needed to accommodate the upcoming expansion. Romania and Bulgaria [EC materials] will be admitted as members in 2007. Several EU member states, including France and Germany, have expressed opposition to Turkey's membership. RFE/RL has more.

[JURIST] President George W. Bush announced [transcript] Wednesday in the wake of Democratic Party successes in the US mid-term elections that Secretary of Defense Donald Rumsfeld [official profile] is resigning from his position at the Defense Department. Bush said he plans to nominate Robert Gates [official profile] former Director of Central Intelligence for the CIA and current president of Texas A&M University, to succeed Rumsfeld. Gates' nomination must be approved by the Senate. AP has more.

Appointed Defense Secretary in Bush's first round of cabinet picks in 2001, the cerebral but sometimes abrasive Rumsfeld had previously been the youngest person to hold the top Pentagon post when he was named Defense Secretary in the Gerald Ford administration [profile] in 1975. In the Bush administration after 9/11 he presided over the establishment and operation of the US military prison for alleged terror suspects at Guantanamo Bay [JURIST news archive], the existence of which he vigorously championed even in the face of growing international and domestic criticism [JURIST report]. Rumsfeld was also targeted by critics for his support of harsh interrogation policies for detainees; in its 2005 annual report [JURIST report], Amnesty International dubbed him a "high-level torture architect" [AI USA statement].

The Abu Ghraib prison abuse scandal [JURIST news archive] also occurred on Rumsfeld's watch. Former Abu Ghraib commander Janis Karpinski said in 2005 that Rumsfeld personally signed a memorandum authorizing extreme interrogation techniques [JURIST report] used at the prison, including the use of dogs and stress positions. In November 2004 the New York-based Center for Constitutional Rights and four Iraqi citizens filed [JURIST report] a war crimes complaint [English translation, PDF] in Germany against Rumsfeld and seven other high-ranking US officials, seeking to hold them accountable under a German universal jurisdiction [Amnesty International backgrounder] law for acts of torture allegedly carried out at Abu Ghraib. The complaint was rejected [JURIST report] by a German prosecutor in February, but in the interim Rumsfeld cancelled a planned trip [JURIST report] to Germany to attend a security conference. A German court later upheld [JURIST report] the prosecutor's dismissal of the complaint.

The ACLU also filed a lawsuit [complaint, PDF; press release] against Rumsfeld in March 2005 alleging he was directly responsible for the torture and abuse of detainees in US military custody. That lawsuit is still pending.

[JURIST] Missouri voters Tuesday narrowly approved [Missouri Coalition for Lifesaving Cures advocacy website] Constitutional Amendment #2 [text], a stem cell initiative that would prevent Missouri from criminalizing the use of stem cells in certain techniques such as therapeutic cloning. With 3572 of 3734 precincts reporting early Wednesday afternoon, the unofficial count [returns] provided by the Missouri Secretary of State's office was:

Yes votes 1,024,824 - 50.7 percent
No votes 997,834 - 49.3 percent

The initiative drew heavy support from Missouri's major urban areas, St. Louis and Kansas City, apparently pushing it over the top despite the fact that a majority of voters in 90 out of Missouri's 114 counties voted against it [Missourians Against Human Cloning advocacy website]. AP has more.

[JURIST] Arizona became the first US state to reject an amendment defining marriage as a union between one man and one woman after voters Tuesday narrowly rejected [results] Proposition 107 [official backgrounder], which would have amended the Arizona Constitution [text] to effectively ban gay marriage as well as civil unions and domestic partnerships. The measure was sponsored by Protect Marriage Arizona [advocacy website], and funded by groups such as Focus on the Family [advocacy website].

As of 12:30 PM EST Wednesday, the results for Proposition 107 (with 2,208 of 2,209 polls reporting) were:

Yes – 551,356 – 48.6 precent
No – 583,909 – 51.4 percent

The National Gay and Lesbian Task Force [advocacy website] welcomed [press release] the Arizona results, but Arizona State University analyst Bruce Merrill told Reuters that in rejecting the ban in Arizona, voters were more likely showing disapproval of outlawing domestic partnership benefits, rather than implicitly approving gay marriage. AP has more on the Arizona results.

Voters in seven other states (Colorado, Idaho, South Carolina, South Dakota, Tennessee, Virginia, and Wisconsin), however, approved ballot measures supporting traditional marriage. Colorado had two separate measures on the subject. Proposition 43 [official fiscal note, PDF], which passed, defines marriage as between 1 man and 1 woman in the state constitution. The other measure, Referendum I [official fiscal note], which did not pass, would have legalized domestic partnerships, and would have given the benefits of marriage to domestic partners. AP has more on the Colorado results. Reuters has more on the gay marriage ballot results in general.

[JURIST] A Chilean appeals court Wednesday again stripped former dictator Augusto Pinochet [BBC profile; JURIST news archive] of immunity, this time in a case involving the 1974 disappearance of a Spanish priest. The priest, Antonio Llido, was arrested by the Chilean DINA [NID backgrounder] after expressing opposition to Pinochet. The court will determine whether Pinochet is eligible for bail this week.

Pinochet, 90, is currently under house arrest [JURIST report] in connection with a case involving kidnapping, torture and homicide [JURIST report] that took place at a DINA prison in the 1970s. The Supreme Court of Chile upheld a lower court decision lifting his immunity to face these charges in September. Pinochet has been stripped of immunity numerous times before for charges including kidnapping and murder and tax evasion. Pinochet is established as a lifetime senator under Article 45 of the 1980 Chilean Constitution [PDF text] so a separate case must be heard on whether to lift his immunity each time charges are brought against him. Reuters has more. El Universal of Venezuela has additional coverage [in Spanish].

[JURIST] South Dakota voters roundly rejected [No on Amendment E advocacy website] the so-called Jail 4 Judges [advocacy website] ballot initiative Tuesday, meaning the state will not establish a 13-person oversight committee with the power to sanction judges, prosecutors, and other decision makers who make judicial decisions that break certain rules to be established by the panel at a later date. The panel would have been granted the power to fine or jail judges and strip them of public insurance benefits and up to one-half of retirement benefits. With 818 of 818 precincts reporting Wednesday, the final unofficial results for Constitutional Amendment E [text, PDF] were:

NO 294747 89%
YES 35640 11%

Earlier this year Amendment E was singled out by former US Supreme Court Justice Sandra Day O'Connor as an extreme example of recent attacks on judicial independence [JURIST report]. The official explanation [text, scroll down] of Amendment E by the Attorney General of South Dakota suggests that the amendment would have been struck down as unconstitutional if challenged in court. The Souix Falls Argus Reader has local coverage.

[JURIST] The US Court of Appeals for the Fifth Circuit [official website] has upheld a lower court order [PDF text] vacating the criminal conviction of the former Enron CEO Kenneth Lay [Houston Chronicle profile; JURIST news archive]. Lay died of a heart attack in July, six weeks after being convicted [JURIST reports] on multiple counts of fraud and conspiracy [indictment, PDF]. Russell P. Butler, a former Enron shareholder who lost $8,000 when the company collapsed and filed the present appeal, has vowed to appeal the decision to the Supreme Court.

US District Judge Sim Lake of Houston vacated Lay's conviction [JURIST report] in October, citing a Fifth Circuit precedent [PDF opinion] that a defendant's death during a pending appeal nullified the guilty verdict because the defendant could not properly challenge the conviction. The decision meant that the US Justice Department could not seize property of the Lay estate to compensate victims of the 2001 Enron collapse despite a forfeiture order [PDF text] filed days before Lay's death. Instead, the DOJ is pursuing civil remedies [JURIST report] against Lay's estate. The Houston Chronicle has more.

[JURIST] A British immigration judge Wednesday adjourned a hearing after a lawyer in his courtroom refused to remove her Muslim niqab [Wikipedia backgrounder] despite being ordered to by the judge because he claimed he could not hear her speak. Shabnam Mughal refused to take off the black veil covering all but her eyes, telling the judge it would be a violation of her religious beliefs. Judge George Glossop is seeking advice from Sir Henry Hodge, the president of the UK Asylum and Immigration Tribunal, to determine what steps he should take since the tribunal has not encountered a similar situation before.

Mughal's decision to keep her veil on is just one of the religious dress [JURIST news archive] cases currently being debated in the UK. Last month, a Muslim teaching assistant was suspended by a British school for refusing to remove her niqab after being told that her pupils were less likely to understand her when she spoke from behind her veil. She is currently appealing [JURIST report] that decision. Earlier this year, the UK House of Lords [official website] ruled [text; JURIST report] in favor of a high school's decision banning a Muslim teenage girl from wearing a jilbab [Wikipedia backgrounder], a long garment that covers the entire body other than the face and hands, at school. The chairman of the UK Commission for Racial Equality has warned [JURIST report] that riots could erupt over the religious dress debate and has called for improved communications about social differences. In the US, a Michigan woman had her small claims case dismissed [AP report] after she refused to refuse her veil while testifying. The judge in that case said he needed to see a witness' face in order to properly assess their credibility. AP has more.

[JURIST] South Dakota voters Tuesday rejected a controversial law banning most abortions [HB 1215 text, PDF] passed by the state legislature [JURIST report] earlier this year. With 818 out of 818 precincts reporting Wednesday, the final unofficial results for Referred Law 6 [Vote Smart backgrounder] were:

NO 185948 56%
YES 148666 44%

The abortion ban, seen as a direct challenge to the US Supreme Court’s abortion precedents, was placed on the South Dakota ballot [JURIST report] after an advocacy group gathered more than 37,000 signatures on a petition to force a referendum [text]. The US Court of Appeals for the Eighth Circuit had already upheld a preliminary injunction against the law’s enforcement [JURIST report] pending a lawsuit. The Argus Leader has local coverage.

Elsewhere on election day, voters in California and Oregon rejected measures that would have required parent or guardian notification before an unemancipated minor receives an abortion, except in an emergency. Under both measures, minors could have asked a judge to waive the notification requirement. In Oregon, 54% of voters voted no [Oregon returns] on State Ballot Measure No. 43 [text; Vote Smart backgrounder]. The Oregonian has local coverage. In California, 54% of voters rejected [California returns; No On 85 advocacy website] Proposition 85 [text, PDF; Vote Smart backgrounder]. The San Francisco Chronicle has local coverage.

[JURIST] Five senior judges from Shenzhen, China [government website] have been arrested and 20 other judges implicated in a crackdown on corruption during the months of June to October, the China Daily reported [text] Wednesday. The raids begun after prosecutors arrested retired judge Liao Zhaohui and the head of a Shenzhen auction house, accusing Liao of accepting bribes from the auctioneer during his service as a judge. The China Daily [media website] also reported the arrests of Zhang Tinghua, president of the court of bankruptcy in Shenzhen, and Pei Hongquan, vice-president of the Shenzhen Intermediate People's Court. Prosecutors searched Zhang's car and found 100,000 yuan ($12,700), and also uncovered over 27 million yuan ($3.4 million) hidden in Pei's house.

Earlier reports from state media discussed investigations into Pei's former wife and court president, Li Huiliu, and Cai Xiaoling, president of the court which handles residents of Hong Kong. China [JURIST news archive] has a history of fraudulent activities by judges, but the latest probe in Shenzhen marks the largest graft corruption scandal among judges that the country has seen to date. Last month, four Chinese judges were charged with accepting bribes [JURIST report] to fix the outcomes of cases in Anhui province [official backgrounder]. AFP has more.

[JURIST] Rhode Island on Tuesday granted some convicted felons the right to vote, according to the latest unofficial count of ballots on the state's Question 2 [PDF text]. Question 2 would amend the Rhode Island constitution [text] to grant the voting franchise to those felons who are currently serving parole or a probation sentence. Here are the latest Wednesday morning figures morning from the Rhode Island Board of Elections website, with 565 of 565 precincts reporting:

STATE QUESTION 2 - AMENDMENT TO CONSTITUTION - RESTORATION OF VOTING RIGHTS
Question 2 APPROVE 191,453 - 51.52%
Question 2 REJECT 180,159 - 48.48%

Supporters of the amendment say [press release] it addresses key civil rights issues, pointing to statistics that show that black men are six times more likely to lose their voting rights in Rhode Island than whites. Detractors insisted that felons had to merit the franchise by serving out their full sentences. State Senator Lou Raptakis (D), a vocal critic of the amendment [press release], said during the campaign, "I believe the felons who turned their backs on the community by breaking our laws need to prove they are now worthy of our trust and the best way for them to do that is to complete the parole/probation portion of their sentence. I don't think it's too much to ask that they do that before having their voting rights restored." AP has more.

[JURIST] The US Ninth Circuit Court of Appeals [official website] ruled [text, PDF] Tuesday that it would review a lower court decision [JURIST report] allowing a class action lawsuit [EFF case backgrounder; JURIST report] filed against the Bush administration's domestic surveillance program [JURIST news archive] to proceed to trial. The lawsuit, brought by the Electronic Frontier Foundation [advocacy website], alleges that AT&T [corporate website] violated US citizens' rights to privacy and several federal statutes when it permitted the National Security Agency [official website] to use its infrastructure to wiretap individuals without first obtaining warrants. US District Judge Vaughn Walker [official profile] of the US Northern District of California [official website] ruled that the lawsuit could go to trial despite arguments by the government that it could lead to confidential information being revealed which would put the country at risk.

Last year, President Bush admitted that the NSA was monitoring telephone calls and e-mails of conversations with individuals suspected of being involved with the al Qaeda terrorist network if one of the individuals was communicating from outside the US. But the government has not addressed the lawsuit's allegations that calls between two domestic parties are also being wiretapped. The federal appeals court has not yet indicated when it will rule on Walker's decision and the case has been stayed [JURIST report] pending the court's review of the appeal. AP has more.

[JURIST] New UK legislation pardoning 306 World War I soldiers who were executed [backgrounder] for various offenses, including cowardice, sleeping while on duty, striking a superior officer, disobedience and desertion, received final approval Wednesday after the Armed Forces Act [legislative materials] received royal assent [press release]. Royal assent came a day after Britain's House of Lords approved [AFP report] an amendment [JURIST report] to the Armed Forces Bill authorizing the pardons. Under the new law, a formal pardon will be placed in the court martial files of the men. Relatives of the executed soldiers have been seeking pardons since 1990 when Britain's Public Record Office [official website] declassified the records.

The families have argued that the soldiers had suffered from shell-shock [BBC backgrounder], a diagnosis not recognized at the time, and should not have been sent back into the trenches. The declassified records also show that one soldier was tried and executed on the same day he committed the offense. Critics of the measure, including former Prime Minister John Major, have argued that the pardons would effectively rewrite history [BBC backgrounder]. BBC News has more.

[JURIST] India will try the 19 suspects in the July Mumbai train bombings [JURIST report] case using special courts to speed up the legal process, the leader of the Mumbai Police [official website] anti-terrorism squad [backgrounder] told Reuters Wednesday. India's legal system is notoriously slow, and special courts are often used in high-profile cases to focus efforts on ending these trials quickly. Charges against the 19 suspects, most of whom are Muslim, are expected by the end of November.

Indian government officials have hinted that Kashmiri militants [BBC backgrounder] may have played a role in the series of eight bombs that exploded on the Mumbai train, killing 200 and injuring 700, while stopping short of blaming Pakistan for the blasts. Pakistan insists that it only offers the Islamabad-funded militants diplomatic support and denied supporting the attacks. An Indian opposition party said in July that the attacks were "a fallout of repealing" the country's Prevention of Terrorism Act (POTA) [text; backgrounder], set aside by the now-ruling United Progressive Alliance when it came to power in 2004. The group said POTA had to be revived [JURIST report] in order for India to effectively combat terrorism. Reuters has more.

[JURIST] Iraqi Prime Minister Nouri al-Maliki [BBC profile] told the BBC Wednesday that he expects Saddam Hussein to be executed before the end of the year [BBC interview], pending the conclusion of the appeal process. Al-Maliki seemed undeterred by the predictions [JURIST report] of chief prosecutor Jaafar Moussawai, who indicated Monday that he expects that an appeals panel would likely rule on Saddam's verdict and sentence in mid-January 2007, setting the stage for his possible execution in mid-February. Iraqi High Tribunal chief investigative judge Raed Juhi has also said that Hussein's execution might be delayed by the appeals process [JURIST report] until early 2007. Article 27 of the Statute of the Iraqi High Tribunal [text, PDF] requires a sentence to be carried out within 30 days of the appeals judgment; Article 27 also precludes any authority, including the president of the Iraqi Republic, from pardoning or reducing the penalties issued by the Tribunal.

Hussein and two co-defendants were convicted and sentenced to death by hanging [AP recorded video] for crimes against humanity [charging instrument, PDF] committed in the Iraqi town of Dujail [JURIST news archive; BBC trial timeline]. Hussein was charged [JURIST report] with killing, torturing and illegally detaining Dujail residents, including 148 Shiites [JURIST report], after an unsuccessful attempt on his life there in 1982. Hussein returned to court [JURIST report] Tuesday as the genocide trial against him resumed for the alleged killing of 100,000 Kurds in the late 1980s during the so-called "Anfal" campaign [HRW backgrounder]. Reuters has more.