[JURIST] Hong Kong investigators on Wednesday dropped a case [press release] that alleged Yahoo!'s Hong Kong branch [corporate website] aided China in the prosecution [JURIST report] and ten-year imprisonment of journalist Shi Tao [Wikipedia profile] for divulging state secrets abroad. The Hong Kong Office of Privacy Commissioner for Personal Data [official website] found insufficient evidence to prove that Yahoo! [corporate website] actually gave personal information to China in its investigation of Shi. Hong Kong lawmaker Albert Ho [Wikipedia profile] had accused Yahoo! of helping China authorities link to Shi's e-mail account and computer, where they found evidence that he sent an internal Communist Party message to foreign websites.

Shi is just one of several Chinese activists [JURIST report] that Yahoo! has been accused of helping police identify. Jiang Lijun [Wikipedia profile] was jailed in 2003 for allegedly promoting democracy through "violent means" on the Internet. Prosecutors had relied on evidence that connected Jiang with an e-mail account known to be used for distributing pro-democracy information and which likely came from Yahoo!. Additionally, Yahoo! allegedly supplied information that jailed Li Zhi [Times report] for eight years after trying to join the banned China Democratic Party [party website]. AP has more. From China, The Standard has local coverage.

[JURIST] Khalid Sheikh Mohammed [BBC profile], long thought to be the strategist behind the Sept.11, 2001 attacks, confessed to masterminding the 9/11 attacks during a hearing [JURIST report] Saturday at Guantanamo Bay [JURIST news archive], according to a transcript [text, PDF] released by the US Defense Department [official website] Wednesday. Mohammed also claimed responsibility for 29 other planned terrorist attacks, including the 1993 World Trade Center bombing "from A to Z" and the October 2002 terrorist attack in Bali, Indonesia [Wikipedia backgrounders] which killed many UK and Australian nationals. He also revealed that he had planned to assassinate former President Bill Clinton while he visited the Philippines in 1994.

The admissions came during Mohammed's first military hearing before a Combatant Status Review Tribunal (CSRT) [DOD backgrounder] since he was transferred last September from a secret CIA prison overseas [JURIST report] into military custody at Guantanamo Bay. Hearings on whether Mohammed and 13 other top terror suspects [DNI profile, PDF] qualify as "enemy combatants" [CFR backgrounder] began last Friday. Among the other 13 suspects are Abu Zubaydah [BBC profile], Ramzi bin al-Shibh [Wikipedia profile], and Riduan Isamuddin [Wikipedia profile]. The Pentagon also released the transcripts of the hearing of Ramzi bin al-Shibh [text, PDF]. AP has more.

[JURIST] Hazleton, Pennsylvania [official website; legal defense website] mayor Lou Barletta [official website] testified Wednesday in a Pennsylvania federal court on the constitutionality of two city laws that make it more difficult for illegal immigrants [JURIST news archive] to live or work in the city. Testifying in Lozano v. City of Hazleton [case information, docket], Barletta said the local ordinances in question were designed to lower the town's crime rate. The laws fine landlords for renting to illegal immigrants and deny permits to businesses hiring undocumented immigrants. During questioning by a lawyer for the American Civil Liberties Union (ACLU) [advocacy website], Barletta said that while he was unsure how many illegal immigrants live and work in Hazleton, the city's static tax revenues, despite a significant population increase in recent years, show that many new residents are either unemployed or are not paying taxes.

In November, a federal judge granted [JURIST report] a temporary restraining order [text, PDF] precluding enforcement of the Illegal Immigration Relief Act [text, PDF] and Landlord Tenant Ordinance [text, PDF] pending the outcome of the case. Critics of the laws, including advocacy groups like the Pennsylvania chapter [advocacy website] of the ACLU and Puerto Rican Legal Defense and Education Fund [advocacy website; case materials] say the measures are illegal. Barletta will be questioned by lawyers for the city of Hazleton Thursday. AP has more. The Scranton Times-Tribune has local coverage.

[JURIST] President Bush on Wednesday said he was "troubled" by what he called a lack of straightforward communication [transcript] between the US Justice Department [official website] and Congress regarding the firings last year of eight US Attorneys that may have been politically motivated [JURIST report]. Speaking at a news conference in Mexico, Bush nonetheless said he continued to have confidence in Attorney General Alberto Gonzales [official profile] and maintained that the firings were appropriate. Gonzales said Tuesday he would not resign [AP recorded video] but nonetheless accepted responsibility for "mistakes" in how the firings were handled.

According to e-mails [PDF; set 2, PDF] revealed Tuesday, Gonzales' Chief of Staff Kyle Sampson [profile] and former White House counsel Harriet Miers [official profile; JURIST news archive] suggested firing [JURIST report] all 93 US Attorneys [DOJ backgrounder] at the beginning of President Bush's second term. Sampson resigned [press release] from his position Monday. Comprehensive dismissals of top federal prosecutors are not unprecedented; Clinton administration Attorney-General Janet Reno fired all 93 US Attorneys at the beginning of President Clinton's first term.

Shortly after Bush's comments Wednesday, Sen. John Sununu (R-NH) [official website] became the first Republican to publicly call for Gonzales' resignation [press release; AP report], following up on several Democratic calls for his dismissal. In response to Gonzales' comments Tuesday, Sen. Charles Schumer (D-NY) [official website], among others, renewed his calls for Gonzales to resign in a statement [recorded video] on the Senate floor. Several high-ranking Democratic senators also called for Gonzales' resignation [JURIST report] Monday in the wake of revelations [JURIST report] in an official audit that the FBI broke and misused laws in obtaining personal information from telephone companies, Internet service providers, banks, and credit bureaus under the Patriot Act. AP has more.

[JURIST] Thirty-one Egyptian women have been appointed as judges despite ongoing resistance from the nation's conservative Muslims, according to a decree published Wednesday by the head of Egypt's Supreme Judicial Council [POGAR backgrounder]. Council chief Mukbil Shakir selected the judges from a pool of state prosecutors who had passed a test for the positions, though it is unclear to which courts the women will be assigned. The move marks the first time women have been named to preside over criminal or civil cases, though in 2003 Tahany el-Gebaly became the nation's first woman judge [report] as a member of the Egyptian constitutional tribunal.

Many critics, primarily conservative Muslims, feel that the move is a violation of Sharia law [CFR backgrounder; JURIST news archive]. Article Two of Egyptian Constitution [text, in English] states that "the principal source of legislation is the Sharia." Article Two is the result of a 1980 constitutional amendment and has been interpreted to prohibit the enactment of legislation are in fundamental contradiction with traditional Sharia interpretations. Last week, the president of the Egyptian judges' syndicate questioned the appropriateness [JURIST report] of women judges deliberating "alone in a room with two or more male judges" and assert that women judges will inevitably "become pregnant at some point, and that [the judge's pregnancy] will certainly have an impact on the [judicial] prestige and on judges' public image." Feminist advocates, on the other hand, criticized the move because only state prosecutors were considered for the judgeships. AP has more.

[JURIST] Texas lawmakers on Wednesday approved a bill [legislative materials] to rescind a landmark executive order [text; JURIST report] by Governor Rick Perry (R) [official website] requiring that school-age girls receive a vaccine against cervical cancer. The Texas House of Representatives [official website] approved the bill by a margin of 118-23, garnering enough votes to override a potential veto. The Public Health Committee [official website] of the House voted to advance the bill to the House floor [JURIST report] last month. Perry's February order is controversial because human papillomavirus (HPV) [US CDC fact sheet], the primary cause of cervical cancer, is sexually transmitted. Perry's order required girls entering the sixth grade to receive the vaccine unless their parents opted out. A number of legislators have directly challenged the legality of the executive order [JURIST report].

Lawmakers in about 20 other states are considering similar legal measures [PJEPHL report] to prevent the spread of HPV. Last month, a bill to require the vaccine was defeated by the Kansas Legislature [KTKA-TV report], while Virginia became the second state to mandate HPV vaccination [JURIST report] for sixth grade girls earlier this month. On Tuesday, the Washington State House of Representatives passed a bill requiring public and private schools to provide information about HPV [JURIST report] to parents of sixth grade students. AP has more.

[JURIST] Jury selection began in Chicago Wednesday in the US federal trial of Canadian-born media mogul Conrad Black [JURIST news archive; CBC profile], the former chairman of media company Hollinger International - now Sun-Times Media Group Inc. [corporate website] - who faces 17 counts of fraud, obstruction of justice, racketeering and tax evasion related to the $2.1 billion sale of several hundred Canadian newspapers. Prosecutors allege [indictment, PDF] that Black and several associates personally kept money that was due to Hollinger International, paid by competing media companies pursuant to standard non-competition agreements. The jury may get to see a videotape [recorded video] of Black lifting 13 document boxes into his car after the SEC announced an investigation of Hollinger, as well as receipts indicating that Black used Hollinger money to pay for lavish birthday parties for his wife.

On Saturday Black published an article proclaiming his innocence [text] in Canada's National Post, a conservative paper he founded to compete with the traditionally-dominant Toronto Globe & Mail. Black faces a maximum sentence of 119 years in prison and a maximum $90 million fine if convicted on all 17 counts. AFP has more.

[JURIST] The US Ninth Circuit Court of Appeals [official website] on Wednesday ruled [PDF text] against granting medical marijuana plaintiff Angel Raich injunctive relief preventing federal law enforcement officials from enforcing the federal Controlled Substances Act (CSA) [text] against her. Raich suffers from scoliosis, a brain tumour, chronic nausea and other ailments that have not responded to conventional medical treatment. In 2005, she lost her commerce clause [text] challenge to the CSA in the US Supreme Court when the Court ruled [JURIST report; text] in Gonzales v. Raich that Congress has the power to criminalize the growth and use of marijuana for personal medical reasons with a doctor's recommendation. On remand, the district court held against Raich, who appealed, arguing that her marijuana use was protected by the common law defense of necessity [backgrounder]; that the CSA violates the Tenth Amendment [text]; and that the CSA by its terms does not prohibit her marijuana use, because the statute contains an exemption for use when prescribed by a doctor.

The Ninth Circuit concluded:

Raich has not demonstrated a likelihood of success on the merits of her action for injunctive relief. First, we hold that Raich’s common law necessity defense is not foreclosed by Oakland Cannabis or the Controlled Substances Act, but that the necessity defense does not provide a proper basis for injunctive relief. Second, although changes in state law reveal a clear trend towards the protection of medical marijuana use, we hold that the asserted right has not yet gained the traction on a national scale to be deemed fundamental. Third, we hold that the Controlled Substances Act, a valid exercise of Congress’s commerce power, does not violate the Tenth Amendment. Finally, we decline to reach Raich’s argument that the Controlled Substances Act, by its terms, does not prohibit her possession and use of marijuana because this argument was not raised below.

[JURIST] US President George W. Bush vowed Wednesday to increase efforts to reform US immigration laws [JURIST news archive] and crack down on illegal drug trafficking during a press conference [transcript] in Merida, Mexico, with new Mexican President Felipe Calderon [official website; BBC profile]. Bush pledged to work with lawmakers across party lines, but noted that immigration issues are sensitive and can inflame passions. Bush reiterated his belief both the US and Mexico would benefit from a temporary guest worker program [Washington Post backgrounder; JURIST news archive]. The press conference with Calderon ended a seven-day trip by President Bush through five countries in Latin America. AP has more.

In February 2007, Arturo Sarukhan [official profile], Mexico's ambassador to the US, said his country is launching an intensive lobbying effort [JURIST report] to secure an immigration reform agreement between the two nations. Mexico's attempts to address the needs of "undocumented workers" often directly conflict with US government efforts to discourage immigrants from entering the US illegally. Mexico's decision in January 2007 to provide illegal immigrants with tools [JURIST report], such as satellite tracking devices [The Standard report] meant to ensure their successful flight to America, is the latest development in a strained US-Mexico relationship. In October 2006, President Bush signed legislation authorizing the construction of a 700-mile fence [JURIST news archive] along the Mexican border.

[JURIST] A California state judge on Wednesday dropped the felony charges [felony complaint, PDF; JURIST report] against four defendants in the Hewlett-Packard (HP) pretexting scandal [JURIST news archive] after the defendants pleaded no contest to misdemeanor charges of fraudulent wire communications and agreed to complete 96 hours of community service and pay restitution by September. The four defendants, including former HP CEO Patricia Dunn [Wikipedia profile; JURIST news archive], could still be prosecuted by the federal government, but no federal charges have yet been brought. AP has more.

Along with Dunn, former HP ethics director Kevin Hunsaker and private investigators Ronald DeLia, Joseph DePante and Bryan Wagner were charged with using false or fraudulent pretenses to obtain confidential information from a public utility, unauthorized access to computer data, identity theft, and conspiracy. All of the charges stem from their roles in the illegal information gathering scandal that broke last month when HP admitted in an SEC filing [text] that it had been investigating boardroom leaks using pretexting [Federal Trade Commission backgrounder], a fraudulent investigative technique where the investigators impersonated board members, employees and reporters to uncover who was leaking confidential information from board meetings. HP announced Dunn's resignation [press release] from its board on September 22. Dunn and Hunsaker pleaded not guilty [JURIST report] to the felony charges in November. A fifth defendant, private investigator Bryan Wagner, pleaded guilty to the charges and agreed to assist federal investigators with their case.

[JURIST] A federal judge on Wednesday held Sudan liable in the 2000 al-Qaeda bombing of the USS Cole [Wikipedia backgrounder; US DOD inquiry report; JURIST news archive], and moved the civil trial of a suit brought by families of seventeen US sailors killed in the bombing to the damages phase. AP quoted US District Judge Robert Doumar of the US District Court for the Eastern District of Virginia [official website] as saying: "There is substantial evidence in this case presented by the expert testimony that the government of Sudan induced the particular bombing of the Cole by virtue of prior actions of the government of Sudan." Doumar indicated he would publish a formal ruling at a later date, and requested financial information from the plaintiffs to use in the damages determination. AP has more.

The civil trial began on Tuesday [JURIST report] with the plaintiffs offering testimony from four terrorism experts that al-Qaeda could not have accomplished the bombings had not Sudan provided them with money, training areas, and false documentation. The plaintiffs seek $105 million in damages from Sudan for providing material support to terrorists. Doumar ruled prior to the start of trial that the federal Death on the High Seas Act [text] would likely apply, limiting total recovery for a single act to $35 million.

Last month, Doumar denied a motion by Sudan to dismiss the suit [JURIST report] based on the complaint's failure to connect Sudan with al-Qaeda. An earlier motion to dismiss because the statutory limitations had passed was also dismissed. Because the United States has listed Sudan as a sponsor of terrorism since 1993, Sudan cannot claim sovereign immunity [Cornell Law School backgrounder].

[JURIST] Lawyers boycotted courts across Pakistan Wednesday for a third day in a continued effort to protest Friday's suspension of Chief Justice Iftikhar Muhammad Chaudhry [JURIST report] for unspecified misconduct. The nationwide strike by Pakistani lawyers was coupled with rallies held in Karachi and other urban centers. Pakistan Bar Council [profession website] President Qazi Anwar told AFP that starting Thursday lawyers will continue to observe a one hour strike daily until Chaudhry is reinstated and that two lawyers from every bar in the country will commit to a day-long hunger strike. Over 200 lawyers and liberal party supporters protested [Reuters report] outside the Supreme Court Tuesday. On Monday, twenty Pakistani lawyers were injured by riot police [JURIST report] when more than 3,000 lawyers gathered outside the Lahore High Court [official website] building for a sit-in. Chaudhry's suspension has been condemned by lawyers as an attack on the judiciary's independence.

Pakistan President Pervez Musharraf [official website; BBC profile] suspended Chaudhry "after receiving numerous complaints and serious allegations for misconduct, misuse of authority and actions prejudicial to the dignity of office of the Chief Justice of Pakistan." On Tuesday, Pakistan's Supreme Judicial Council [governing constitutional provisions] held a hearing [JURIST report] on the alleged misconduct in a two-hour closed-door session before adjourning proceedings until Friday. AFP has more.

[JURIST] Zimbabwe prosecutors failed to appear in court on Wednesday to prosecute opposition presidential hopeful Morgan Tsvangirai [BBC profile; JURIST news archive], arrested [JURIST report] at a protest in Harare Sunday, leaving him free to return home. On Monday, Tsvangirai's lawyer and party officials said he was beaten [JURIST report] while in police custody; he appeared in court Tuesday with a large gash on his head and a swollen face and was later released to the hospital. Prosecutors may still summon Tsvangirai back to court. AFP has more.

Tsvangirai's arrest and alleged abuse have drawn international attention to the regime of current President Robert Mugabe [BBC profile], who at 83 years old has held Zimbabwe's presidency since the country was granted independence from the UK in 1980. US Secretary of State Condoleezza Rice [official profile] on Tuesday called for the immediate and unconditional release [press release] of Tsvangirai and other detainees and said that Mugabe is "ruthless and repressive and creates only suffering for the people of Zimbabwe."

Government forces arrested at least 100 people, among them leading members of the opposition Movement for Democratic Change (MDC) [party website] after a scheduled prayer meeting in Harare was declared illegal. Police imposed a three-month ban [JURIST report] on anti-government protests last month after a political rally by the MDC led to confrontations between police and citizens around the country.

[JURIST] China uses the same strict organ donation procedures when accepting organs from executed criminals as any other organ donations, an anonymous senior Chinese Supreme Court [official website] official told the state Xinhua News Agency on Tuesday. The court official said that China only harvests organs from executed criminals when either the criminal or their family consents, and the consent forms are subject to the same judicial scrutiny. The official also said that most organ donors are ordinary citizens who agree to donate organs in their wills. Xinhua has more.

These statements seem to conflict with previous admissions from Chinese officials that the majority of organs for transplant come from executed prisoners. While China formally requires informed consent [JURIST report] from the prisoners or their families, doubt exists as to how the procedures are enforced. In November 2006, Human Rights Watch (HRW) [advocacy website] demanded that China disclose organ donor statistics [JURIST report] to the public. Other critics have suggested that the organ trade is a lucrative black-market business in China relatively ignored by officials. Late last year China's State Council [official backgrounder] considered establishing a national agency to regulate organ transplants [JURIST report] in response to international pressure.

[JURIST] Several Native American groups are voicing opposition to a proposed Oklahoma [JURIST news archive] law that would require all official state business be conducted in English on the grounds, arguing it would stifle efforts to revive tribal languages. As drafted, the Oklahoma English Language Act [HB 1423 text, DOC] contains exceptions including "teaching or studying other languages," protecting the rights of criminal defendants and victims, "protecting the health, safety, or liberty of any citizen," and for complying with the Individuals with Disabilities Education Act [text, PDF]. The law is now before the Oklahoma state legislature [official website].

The Intertribal Wordpath Society [advocacy website], based in Norman, Oklahoma, has said that while only 9,000 people are fluent in Cherokee and 4,000 are fluent in Choctaw [tribal websites], the two main tribal languages spoken in Oklahoma, the law is unnecessary and divisive. AP has more.

[JURIST] Passage of a draft law aimed at dividing oil proceeds among various religious and ethnic groups in Iraq is critical to continued US support of the current Iraqi government, associates of Prime Minister Nouri al-Maliki [BBC profile] told AP Tuesday. The draft oil law [JURIST report] approved by the Iraqi cabinet [JURIST report] in late February is now before the Iraqi National Assembly [official website, in English] for revisions and ratification. Negotiations have been a source of tension [JURIST report] for months in Iraq [JURIST news archive] as many Kurds and Shiites want to retain control of Iraq's oil resources [Global Policy backgrounder] in their areas, while Sunni Arabs, who do not dominate the oil-rich regions of the country, have insisted on central oversight.

Maliki confidants also indicated that the US is pushing for a "secular and inclusive" Iraqi government that Sunni-dominated countries, such as Saudi Arabia and Egypt, will find more favorable than the current Shiite-dominated regime. AP has more.

[JURIST] Several US soldiers testified against their former squad leader Tuesday in a case relating to the killing of several Iraqi detainees [JURIST report] after a May 9, 2006 raid in Thar Thar, a town near Samarra in Iraq's Salahuddin province. Staff Sgt. Raymond Girouard faces court-martial on charges of premeditated murder [JURIST report] for his alleged involvement in the killings. Spc. William B. Hunsaker testified that Girouard told Hunsaker and Pfc. Corey R. Clagett to cut three Iraqi detainees loose and to shoot them as they ran. Hunsaker further testified that Girouard later cut Hunsaker across the face to create the appearance of a struggle.

Girouard, Hunsaker, Clagett, and Specialist Justin Graber were all charged [JURIST report] last June with premeditated murder related to the three killings. They first tried to cover up the murder [JURIST report], but later admitted their initial story was not accurate. All defendants but Girouard pleaded guilty to all charges. Hunsaker received an 18-year sentence as did Claggett [JURIST report], while Graber received a nine-month sentence for aggravated assault with a deadly weapon [JURIST reports]. A US Army investigator previously recommended the death penalty [JURIST report] for all four soldiers. AP has more.

[JURIST] In celebration of JURIST's 10th anniversary, JURIST and the University of Pittsburgh School of Law are hosting a one-day conference in Pittsburgh on Thursday, March 29. Law as a Seamless Web|site [conference website] will feature four panels [agenda] and 14 distinguished speakers [profiles] exploring a range of issues at the intersections of law, war, rights, social justice, technology, legal journalism, legal education and public service.

Speakers include:

• Jonathan Freiman - counsel for Jose Padilla and Visiting Lecturer, Yale Law School;
  
• Marjorie Cohn - President, National Lawyers Guild and Professor, Thomas Jefferson School of Law;
  
• David Crane - former Chief Prosecutor for the UN Special Court for Sierra Leone and Professor, Syracuse University College of Law;
  
• Geoffrey Corn - former Law of War Advisor to the US Army JAG and Professor, South Texas College of Law;
  
• Sherrilyn Ifill - Professor, University of Maryland School of Law;
  
• Tony Mauro - Supreme Court correspondent, American Lawyer Media;
  
• Tim Stanley - CEO, Justia and Co-founder and former CEO, FindLaw;
  
• Ed Adams - Editor and Publisher, ABA Journal;
  
• Jim Chen - Dean, Brandeis Law School, University of Louisville;
  
• Nancy Rapoport - Professor, University of Houston Law Center;
  
• John Palfrey - Executive Director, Berkman Center for Internet & Society, Harvard Law School; and
  
• Conrad Johnson - Professor and Co-founder, Lawyering in the Digital Age Clinic, Columbia Law School

• Ethan Katsh - Director, Center for Information Technology and Dispute Resolution, University of Massachusetts Amherst; and
  
• Charles Bierbauer - former CNN Supreme Court correspondent and Dean, College of Mass Communications and Information Studies at the University of South Carolina

[JURIST] Defense lawyers for former Iraqi Vice President Taha Yassin Ramadan [Trial Watch profile; JURIST news archive] have filed an appeal [DOC text; addendum, DOC] with the Iraqi High Tribunal (IHT) [official website], asking the court to overturn Ramadan's death sentence [JURIST report]. Ramadan was convicted [JURIST report; BBC verdict summary] by the IHT alongside Saddam Hussein in November and originally sentenced to life in prison. The IHT Appeals Chamber later deemed the sentence too lenient and ordered the death penalty for Ramadan.

Among other grounds of appeal, Ramadan's counsel said that

There is a perception of political and other forms of interference in the process at both the Trial and Appellate levels which calls into doubt the proper application of justice where the sentencing of Mr Taha Yaseen Ramadan is concerned. In the event that the sentence of death by hanging is permitted to stand on appeal, which we would submit must not occur on the merits, the capacity of the Tribunal as a whole to deliver impartial justice is likely to be questioned still more widely than it is already the case.

Whatever is decided by the Appeal Court in Baghdad (which incidentally is the same Appeal Court that without solicitation of the Prosecutor referred the sentence of life imprisonment back to the Trial Court) I hope that President Talabani will use the powers vested in him to intervene under these circumstances. We have seen the aftermath of the three executions and the ICC has opened an investigation pursuant to my request dated 16th January 2007 into the executions. If Iraq is to heal then in any healing process any bleeding must be stopped. It is why this execution must be halted to avoid further spillage of blood. President Talabani has now to decide which path he prefers to take Iraq and any reconciliation must commence with the commutation of any death sentence.

[JURIST] A Turkish prosecutor officially filed charges against political science professor Atilla Yayla Tuesday for "insulting the legacy" of Mustafa Kemal Ataturk [Turkish News profile], the founder of modern Turkey. The professor is being prosecuted for a November 18 speech, in which he stated that Ataturk's rule from 1925 to 1945 was not as progressive as some believe. Yayla faces up to three years imprisonment if convicted. A trial date has yet to be set. AP has more.

Last week, a Turkish court imposed a ban [JURIST report] on popular video-sharing website YouTube [corporate website] because of videos allegedly insulting Ataturk. The ban was lifted [JURIST report] two days later. Insulting Ataturk and "insulting the Turkish identity" are both serious crimes under the controversial Article 301 [Amnesty backgrounder; JURIST news archive] of Turkey's penal code [text, in Turkish]. Critics say Turkey has used Article 301 to silence government critics, which has presented a stumbling block [JURIST report] to the nation's proposed ascension to the European Union.

[JURIST] The Tokyo High Court [official backgrounder] overturned a landmark decision on Tuesday that had held both the Japanese government and Rinko Corp. [corporate website] responsible for forcing Chinese citizens into slave labor during World War II. The 2004 lower court ruling [JURIST report] mandated that Rinko Corp. and the government of Japan [JURIST news archive] pay the Chinese plaintiffs $760,000 in damages for the offenses. While the court agreed that the government and corporation infringed on the plaintiff's rights, they rejected the claim because the statute of limitations required dismissal.

Earlier this month, the High Court ruled against [JURIST report] a group of Chinese plaintiffs seeking $682,000 in damages for injuries caused by chemical weapons leaks left by the Imperial Japanese Army after WWII. The court upheld a 2003 ruling by a Tokyo district court refusing to award damages, but a lawyer for one of the plaintiffs said the court did acknowledge that the weapons were illegally abandoned in China [JURIST news archive]. AP has more. Japan Today has local coverage.

[JURIST] The British government introduced a progressive new draft environmental bill [DEFRA materials; press release] on Tuesday that could control greenhouse gas emissions [JURIST news archive] until as far as the year 2050. Outlined in the Queen's Speech [text; PM materials; BBC backgrounder, the bill will focus on four items: cutting CO2 emissions by 60 percent by 2050, improving CO2 monitoring and reporting, creating new governmental powers to ensure success, and creating a committee to oversee the implementation of new measures. UK Prime Minister Tony Blair [official website] said that he hopes this will encourage other countries, including the US, to adopt similar changes, saying that "This is a revolutionary step in confronting the threat of climate change...It sets an example to the rest of the world."

Last month, the Canadian government promised that it would respect [JURIST report] a pro-Kyoto Protocol [text; BBC backgrounder; JURIST news archive] bill passed by the legislature. Most recently in the US, five western state governors last month established the Western Regional Climate Action Initiative [PDF text; JURIST report], an agreement to work to reduce greenhouse gas emissions in their respective states. BBC News has local coverage.

[JURIST] The Judicial Conference of the United States [US Courts backgrounder] decided Tuesday that it will ask Congress for 67 new judge positions [recommendations; press release], including 15 new circuit court positions and 52 new district court judgeships, throughout the country in order to help ease the crowded court system. No new circuit court judges have been added to the bench since 1990 despite a 55 percent increase in the filings of appeals. The district courts have seen a 29 percent increase since 1990, but have only been granted an additional 29 judges during that time period to help deal with the load. The Conference also voted to approve a test-run on making audio recordings of court sessions available online.

The last time the Conference met in September, the policy-making body approved measures [JURIST report] requiring judges to disclose their sponsors when traveling to attend seminars, and to investigate financial conflicts of interest more closely. As the policy-arm of the judiciary, the Judicial Conference conducts research on the federal court system and reports its findings with suggestions to Congress. AP has more.