[JURIST] Burundi military officials Wednesday announced the arrests of nearly 100 members of the Forces for National Liberation (FNL) [GlobalSecurity backgrounder], a Hutu separatist group engaged in an ongoing conflict with the Burundian government. The FNL denied accusations [Reuters report] that the arrests were a government response to the alleged recruitment of new fighters. Those arrested were said to be established members of the rebel group who were moving to assembly and disarmament areas established with international help. From South Africa, Bua News has more.

The announcement of the arrests followed FNL leader Agathon Rwasa's Tuesday declaration of a formal end [IRIN report] to the group's struggle with the government. Rwasa returned to Burundi [BBC report] from exile in Tanzania in late May, at the urging of South African mediators. Burundi is still recovering from a 12-year civil war [GlobalSecurity backgrounder] between the Hutu majority and the dominant Tutsi minority, a conflict which began in 1993 and claimed more than 300,000 victims.

[JURIST] New York Attorney General Andrew Cuomo [official profile] announced [press release] Wednesday that the state had settled with two law firms accused of defrauding the state pension system. For years the two firms, Girvin & Ferlazzo, PC and Hogan, Sarzynski, Lynch, Surowka & DeWind LLP [firm websites], had arranged for some of their attorneys to be placed on the employment rolls of New York school districts in order to qualify for pension benefits, even though the attorneys had only performed contract work for the schools. The firms agreed to pay a combined $600,000 in restitution for the illegitimate benefits, and in return those attorneys included in the deals will not face criminal charges for their involvement. Commenting on the outcome, Cuomo said:

The Girvin firm considered it a perk of partnership to collect public pension benefits they weren’t entitled to. Some partners collected benefits as purported ‘employees’ while not providing any of the services for which they were being compensated. This settlement will make New York’s taxpayers more than whole while holding the firm accountable for this egregious conduct.

[JURIST] Bulgarian officials said Wednesday that they had frozen 10 National Road Infrastructure Fund [backgrounder] projects worth almost 90 million euros ($137 million) in order to avoid possible sanctions for using the money inappropriately. The funds are mostly grants from the Phare program [Bulgaria program materials; EU Bulgaria finance page], an EU policy designed to aid countries' development before their accession to the EU. Bulgaria officially joined the EU [JURIST report] in January 2007, but the EU has since accused the country of insufficient attempts to reduce corruption [JURIST report] and has frozen funds in response. Bulgarian Deputy Prime Minister Meglena Plugchieva said that an independent audit released Monday of the National Road Infrastructure Fund showed mishandling of funds and conflicts of interest. She plans to send the report to prosecutors. Reuters has more. AP has additional coverage.

The EU has frequently criticized the anti-corruption efforts of both Bulgaria and Romania, which joined the EU at the same time. In February, an EU interim report on Bulgaria [PDF text; JURIST report] criticized Bulgarian efforts to counter high-level corruption and organized crime for not demonstrating "convincing results." Last June, the European Commission (EC) issued similar findings in two progress reports [JURIST report], saying that Bulgaria and Romania needed to do more to achieve judicial reform, and combat corruption and organized crime [press release]. The countries' EU membership followed six years of accession negotiations. Both countries are required to meet a series of benchmarks; failing to do so could result in EU intervention and the loss of economic aid under Articles 36-38 of the Act of Accession [text], which lays out safeguard mechanisms [EC backgrounder] if there are possible threats to the functioning of the EU.

[JURIST] US President George W. Bush vetoed the new Farm Bill [HR 6124 materials; White House press release] for the second time on Wednesday, saying that the proposed legislation was fiscally irresponsible. The original version of the text sent to Bush for signature last month inadvertently omitted [JURIST report] a section providing for foreign food aid. Bill supporters had said they would submit the bill for a new vote in Congress to avoid any potential concerns about the legitimacy of the resulting law. Congress is expected to vote on overriding Bush's latest veto later Wednesday. AP has more.

The future of a landmark discrimination case [NBFA press release; JURIST report] brought by the Virginia-based National Black Farmers Association earlier this month against the US Department of Agriculture (USDA) [official website] depends on the passage of the bill. The legislation includes a provision [AP file report] that expressly permits new claims of improper discrimination in the allocation of USDA resources, including loans, disaster relief, and other resources. The new Farm Bill also reopens the class-action suit to farmers who were left out of a 1999 settlement after missing a filing deadline and thousands more who argue that the terms of the settlement were inadequate.

[JURIST] The European Court of Human Rights (ECHR) [official website] unanimously ruled [decision; press release] Tuesday that Armenia's National Television and Radio Commission had improperly denied a broadcast license to the A1 Plus [media website] television station. ECHR found that the denial violated Article 10 of the European Convention on Human Rights [text], which protects freedom of expression. A1 Plus, which is frequently critical of the Armenian government, had its license revoked in 2002. ArmeniaNow has more.

Council of Europe [official website] Secretary General Terry Davis praised the decision [press release] saying it was well overdue and "victory for freedom of expression." Advocacy group Global Voices said [advocacy posting] that the absence of the station had effectively eliminated all non-state-controlled television in the country. In March, Armenia eased additional media restrictions that it had put in place as part of a state of emergency [JURIST reports] declared during fiercely contested elections in the country.

[JURIST] The Swedish parliament Tuesday rejected a proposed warrantless wiretap law [text, in Swedish] that would have given the National Defence Radio Establishment [official website] wide leeway to eavesdrop on international telephone and electronic communications passing through the country. The government said that the law was necessary for national security, but the measure was vigorously protested [Times Online report] by journalists, civil libertarians, and privacy advocates. The bill has been sent back to committee for redrafting; proponents said it would be amended to take privacy concerns into consideration. The Register has more.

Warrantless wiretaps have been an increasingly controversial topic, as officials struggle to balance civil liberties with security concerns. In February, a Canadian judge ruled [excerpts] that Section 184.4 of the Canadian Criminal Code [text], which allows law enforcement officers to electronically intercept private communications in "exceptional circumstances" without court authorization, is unconstitutional because it violates "the fundamental freedom to be free from unreasonable search and seizure" protected by the Canadian Charter of Rights and Freedoms [text]. In March, the US House of Representatives narrowly passed a controversial bill to amend the Foreign Intelligence Security Act [JURIST news archive] that would extend government power to eavesdrop on individuals within the United States under judicial oversight but not grant retroactive immunity to telecommunications companies that had previously allowed the government to eavesdrop on their lines as part of its warrantless wiretapping program [JURIST news archive].

[JURIST] Russian authorities have formally charged three men in the killing of Russian journalist Anna Politkovskaya [BBC obituary; JURIST news archive]. Sergey Khadzhikurbanov, and brothers Dzhabrail and Ibragim Makhmudov, all from Chechnya [JURIST news archive], were among those arrested last August [JURIST report] in connection with the investigation into Politkovskaya's murder. Russian investigators have also initiated a search for a third Makhmudov brother, Rustam, who is suspected of being the actual shooter. Russian prosecutors also announced in the same statement that abuse of office charges had been filed against a Federal Security Service agent, but it was not apparent whether those charges were also related to the Politkovskaya killing. Politkovskaya wrote for the Russian newspaper Novaya Gazeta [media website, in Russian], and had reported extensively on the conflict between the Russian army and separatist forces in Chechnya. AP has more. BBC News has additional coverage.

Politkovskaya, who had covered the Chechnya crisis for Novaya Gazeta since 1999, was shot [JURIST report] in the head and in the chest after returning to her Moscow apartment building on October 7, 2006. She was a well-known critic of Russian President Vladimir Putin [official website; JURIST news archive], and authored two books on Chechnya. Russian Prosecutor General Yuri Chaika [official website] has said that Politkovskaya's murder was orchestrated by a Moscow-based Chechen criminal group specializing in contract killings. CBC News has more.

[JURIST] China's State Intellectual Property Office (SIPO) [official website] Wednesday announced an anti-monopoly investigation into Microsoft [corporate website] and other international software companies suspected of dominating the Chinese software market, unfairly raising prices and bundling software. Software companies will likely face increased liability for alleged anti-competitive practices beginning August 1, when a new anti-monopoly law [Jones Day backgrounder; JURIST report] takes effect. Officials at Microsoft China [official website, in Chinese] said that they did not know about the investigation [IDG report]. AFP has more.

In February, the European Commission (EC) fined Microsoft 899 million euros [decision, PDF; press release] for failing to comply with a 2004 order [PDF text; JURIST report] requiring the company to share technical information with competitors. In response to the European decision and other judgments, the corporation has instituted an Antitrust Compliance Committee [official website]. In January, the European Commission began an investigation [JURIST report] into new allegations that Microsoft has misused its market position. Last month, Microsoft announced it had filed an appeal [JURIST report] with the European Court of First Instance [official website], seeking to annul the fine.

[JURIST] US President George W. Bush Wednesday called for Congress to relax restrictions on oil exploration [statement text], saying that it should end a long-standing prohibition against offshore oil drilling [JURIST news archive] and also allow drilling to begin in the Arctic National Wildlife Refuge [official website] in Alaska. Bush argued that resources currently off-limits to harvesters could offset rising fuel prices; according to some estimates, drilling on the outer continental shelf alone could yield approximately 18 billion barrels of oil. The current moratorium, in place since 1981, sets 85 percent of the coastal waters surrounding the US off-limits for oil drilling. The House Appropriations Committee [official website] delayed a scheduled Wednesday vote to renew the moratorium so that legislators could instead address emergency relief measures for midwestern flooding. AFP has more. BBC News has additional coverage.

Environmental organizations have criticized efforts to expand oil drilling [WWF report] in the Arctic, calling for increased research into energy conservation and renewable resources instead. Critics have also said that offshore development will require several years and a massive infrastructure that could impact local wildlife.

[JURIST] A UN observer who arrived in Zimbabwe Sunday to monitor the human rights situation has been ejected from the country after only two days, UN High Commissioner for Human Rights Louise Arbour [official profile; statement, recorded audio] said Wednesday. Zimbabwe government agents told the UN envoy that he had not given them proper notice of his arrival, an assertion disputed by UN officials. Arbour further said that the government of Zimbabwean President Robert Mugabe [BBC profile; JURIST news archive] has failed to cooperate with UN agencies and aid groups, as evidenced by the recent order that aid groups suspend their work [Telegraph report] in the country. AFP has more. The Zimbabwean has local coverage.

Mugabe and opposition Movement for Democratic Change (MDC) [party website] leader Morgan Tsvangirai [BBC profile; JURIST news archive] are now disputing the results of the recent presidential elections [JURIST news archive], and a run-off election is scheduled for June 27. The MDC has estimated that at least 65 of its members have been killed [BBC report] since the first election in March, and human rights groups have suggested that state-sponsored violence will only increase as the second presidential vote draws closer.

[JURIST] The California First District Court of Appeal [official website] Tuesday rejected a petition [PDF text] by anti-same-sex marriage group Liberty Counsel [advocacy website] to block the issuance of new sex-neutral marriages licenses [PDF text; JURIST report]. Liberty Counsel had argued that same-sex marriage licenses should not be issued until after voters decide on a proposed amendment to the state's constitution [ballot material, PDF; proposition website] on the November ballot. The state began issuing licenses after the California Supreme Court ruling [order, PDF; JURIST report] overturning a state ban on same-sex marriage took effect [JURIST report] Monday. A Sacramento Superior Court [official website] judge also refused to order a stay on the marriages Tuesday, finding that a petition filed in his court by several county supervisors should have been filed in San Francisco. The supervisors argued that the licenses should not be issued because California's legislature has not yet re-written laws banning same-sex marriage. AP has more.

California and Massachusetts [JURIST report] are the only two US states to formally recognize same-sex marriages [JURIST news archive], but unlike Massachusetts, California does not impose residency restrictions. Several other states permit same-sex civil unions [JURIST news archive], and in May New York Governor David Paterson ordered [memo, PDF; JURIST report] that state agencies recognize out-of-state same-sex marriages as legal marriages in New York. Many states have banned same-sex unions through statutes or amendments.

[JURIST] The European Parliament (EP) [official website] adopted a new European Union directive to combat illegal immigration on Wednesday. The new rules [legislative materials; EP press release] are intended to normalize immigration procedures across the EU. Under the directive, illegal aliens caught in the EU must leave within 30 days, after which a removal order can be issued to forcibly deport them, and deported aliens can be banned from returning to the EU for five years. Authorities will be allowed to detain an illegal immigrant for up to six months, but that limit could be extended to 18 months in certain cases or even longer in "emergency situations." AP has more. BBC News has additional coverage.

The Permanent Representatives Committee of the Council of Europe agreed [JURIST report] to a draft of the directive last month. The EU estimates that between 350,000 to 500,000 illegal immigrants enter its member states annually, mainly filling jobs in construction and farming. Reuters has more.

[JURIST] A Virginia circuit court judge approved an $11 million state settlement agreement [template, PDF; press release] Tuesday for the families of 24 people killed in the April 2007 shootings at Virginia Tech [JURIST news archive]. The settlement, which many of the families involved tentatively approved [JURIST report] in April, gives each family $100,000 plus medical expenses and provides for meetings with Virginia Governor Tim Kaine and Virginia Tech administration and police officials. Many of the families in the settlement considered wrongful-death and personal-injury lawsuits against the state of Virginia after an independent state panel reported [text] that different school policies could have avoided some of the deaths, but the settlement terms require the families to release their claims. The state also finalized settlements with injured victims, which do not need court approval, that provide up to $100,000 each and possible lifetime medical care. The Washington Post has more. The Richmond Times-Dispatch has local coverage.

The Virginia Tech shootings left 33 people dead and 25 wounded in the deadliest shooting incident in US history [Washington Post backgrounder]. Last year, Kaine issued an executive order [text; JURIST report] closing the loophole [JURIST report] that allowed the shooter, Seung-Hui Cho, to purchase a gun even though a Virginia court ordered him to receive psychiatric treatment in 2005.

[JURIST] A telephone caller threatened the life of the Serbian prosecutor responsible for the arrest and extradition of war crimes suspect Stojan Zupljanin [ICTY indictment] to the International Tribunal for the former Yugoslavia (ICTY) [official website], the Serbian Prosecutor's Office said Tuesday. The death threat, which was traced to the Netherlands, warned Vladimir Vukcevic that he would be killed if any further extraditions take place. This is not the first such threat against Vukcevic; tensions run high in Serbia over the treatment of war crimes suspects, whom some still regard as heroes. Reuters has more. AP has additional coverage.

Zupljanin was arrested [JURIST report] by Serbian authorities last week and is wanted by the ICTY on charges of genocide, crimes against humanity, and violations of the laws of war for allegedly killing civilians during the ethnic conflicts of the 1990s. Bosnian Serb leaders Ratko Mladic [BBC profile] and Radovan Karadzic, as well as Croatian Serb war crimes suspect Goran Hadzic [ICTY indictments] still remain at large. Serbian authorities said that Zupljanin would be transferred to the ICTY later this week.

[JURIST] The UK House of Lords [official website] Wednesday passed a bill [text; explanatory notes] to ratify the EU reform treaty [JURIST news archive], formally known as the Treaty of Lisbon [official website; PDF text], rejecting an amendment pushed by Conservative peers to postpone the upper chamber vote until October 20. The House of Commons approved the pact [BBC report] in March. Royal assent is expected Thursday, making ratification officially complete. The opposition Conservative Party had hoped to delay the vote in the Lords due to uncertainties about the treaty's future after an Irish referendum rejected it [JURIST report] last week. The instrument must be ratified by all 27 EU member states to take effect. AFP has more. Sky News has additional coverage.

France and Germany last week echoed a general call [press release, PDF] by EU Commission President José Manuel Barroso [official profile] for EU countries which have not ratified the treaty to continue with the process notwithstanding the Irish vote. European Union leaders signed the reform treaty [JURIST report] last December, and after UK action, nineteen countries will have ratified the document [JURIST archive]. In 2005, a draft European constitution [JURIST news archive] failed when voters in France and the Netherlands [JURIST reports] rejected the proposal in national referenda.

[JURIST] The Norwegian parliament approved a law [legislative materials, PDF, in Norwegian] Tuesday allowing same-sex marriage in the country. The new law replaces 1993 legislation that granted same-sex couples the right to enter into civil partnerships. The bill was proposed [JURIST report] in the Norwegian parliament, the Storting [official website], by the Standing Committee on Family and Cultural Affairs [committee member list], and passed by the Storting's informal lower house [Aftenposten report] last week. The bill received final legislative approval from the Storting's informal upper house, the Lanting, Tuesday. The new law allows same-sex couples to be married in a church, but does not require a minister or religious organization to perform the ceremony. It will take effect January 1, 2008. AP has more.

The new Norwegian law came on the same day that same-sex couples were allowed to marry in California, under the Supreme Court of California's landmark ruling [text, PDF; JURIST report] allowing same-sex marriage in the state. With the new law, Norway becomes the fourth European country to recognize same-sex marriage. Currently, Belgium, Spain, and the Netherlands are the only European countries to recognize same-sex marriage, although a number of others, including the United Kingdom, Germany, France, Denmark, and Croatia, recognize some form of civil union or registered partnership [ILGA backgrounder]. Earlier this month, the Greek justice minister denounced [JURIST report] the first same-sex marriages to take place in the country under a controversial and non-judicial interpretation of the country's constitution.

[JURIST] A panel of judges in the US Court of Appeals for the District of Columbia Tuesday reversed [opinion, PDF] the conviction of former White House official David Safavian [JURIST news archive] because of previous judicial error and the use of incorrect legal standards at the trial court level. A federal jury convicted [DOJ press release; JURIST report] Safavian in 2006 on three counts of concealing and falsifying information [18 USC s. 1001(a)(1) text] and one count of obstructing justice [18 USC s. 1505 text] during an investigation into his 2002 golfing trip with former GOP lobbyist Jack Abramoff [JURIST news archive]. Safavian moved for an acquittal later that year, which the district judge denied [opinion, PDF], but the appeals panel Tuesday primarily agreed with Safavian's arguments. The panel held:

We do not think s. 1001 demands that individuals choose between saying everything and saying nothing. No case stands for that proposition. We therefore conclude that Safavian had no legal duty to disclose and that his concealment convictions cannot stand.

The court at one point recognized that “[w]hat was in the defendant’s mind is at issue in this case.” But excluding the expert testimony effectively preempted the jury’s conclusion on this issue.

[JURIST] Human Rights Watch (HRW) [advocacy website] Tuesday denounced a recent Burundi [CIA backgrounder] Constitutional Court decision to dismiss 22 former members of the ruling party from the National Assembly, the National Council for the Defense of Democracy-Forces for the Defense of Democracy (NCDD-FDD) [GlobalSecurity backgrounder]. The Constitutional Court ruled that the 22 former NCDD-FDD members should be expelled from the National Assembly since they no longer represented the party under which they were elected. The 22 former party members had split from the main body of the party and gone into opposition after a factional power struggle that started in 2007 and has impeded the Assembly's work. HRW condemned the decision [HRW statement], saying that it "sets a dangerous precedent for future political life" in Burundi. HRW also reported in its statement that "Burundian jurists, members of opposition parties, representatives of civil society, religious leaders, and the Bashingantahe (a council of respected elders) criticized the court’s decision as a deliberate and politically influenced interpretation of the constitution which could lead to future rights violations." AFP has more.

Burundi is still recovering from a 12-year civil war [GlobalSecurity backgrounder] between the Hutu majority and the dominant Tutsi minority which began in 1993 and claimed more than 300,000 victims. Current Burundian President Pierre Nkurunziza BBC profile], an ex-Hutu rebel leader and NCDD-FDD member, was elected in 2005 after the implementation of a UN-created peace plan, but his presidency has been marred by accusations of assassinations and torture [JURIST report].