[JURIST] New Hampshire Governor John Lynch [official website] said Thursday that he is willing to sign [statement] a same-sex marriage [JURIST news archive] bill [text] into law, but only if the legislature amends it to make it clear that religious groups will not be required to perform or recognize the unions. The New Hampshire legislature gave final approval to the bill last week after the House and Senate [JURIST reports] approved differing versions. Lynch said that if his proposed amendments are made, he will sign the bill. If not, he will veto the legislation. Lynch said:

This new language will provide the strongest and clearest protections for religious institutions and associations, and for the individuals working with such institutions. It will make clear that they cannot be forced to act in ways that violate their deeply held religious principles. ... We can and must treat both same-sex couples and people of certain religious traditions with respect and dignity. I believe this proposed language will accomplish both of these goals and I urge the legislature to pass it.

[JURIST] Spain's Cabinet [official website, in Spanish] approved a draft bill [press release, in Spanish] Thursday that would liberalize Spanish abortion law. The new bill, which must now be approved by Parliament, would give women the right to an abortion any time during the first fourteen weeks of pregnancy. During the next eight weeks an abortion would be allowed only if two doctors determined that there is a serious risk [El Pais report, in Spanish] to the woman's health or a serious risk of fetal malformation. After 22 weeks an abortion would be allowed only if a panel of doctors agree that the fetus faces severe health hazards. Parts of the new bill mirror the March proposals [JURIST report] of a panel of legal and medical experts. Under current Spanish law, abortions are illegal except in cases of rape, fetal malformation, or danger to the mother's health. Spain's bill comes one day after Germany's parliament approved a bill [JURIST report] heightening requirements for late-term abortions.

The panel's proposals sparked protests [JURIST report] in Madrid in March. The panel tasked with investigating changes to Spanish abortion law was formed in September [JURIST report] at the request of Prime Minister Jose Luis Rodriguez Zapatero as part of a series of social reforms including the legalization of same-sex marriage [JURIST report] and streamlined divorce proceedings. Since the committee was formed, the conservative Popular Party [party website, in Spanish] has repeatedly expressed the opinion [El Pais report, in Spanish] that relaxed abortion laws would stand in opposition to Article 15 of the Spanish Constitution [text, in Spanish], which guarantees the right to life.

[JURIST] Speaker of the US House of Representatives [official website] Nancy Pelosi (D-CA) [official website] said Thursday that the Central Intelligence Agency (CIA) [official website] misled Congress about the use of enhanced interrogation techniques [JURIST news archive] during the Bush administration. Pelosi, the former top Democrat on the House Intelligence Committee [official website], said that CIA officials had explicitly said that they were not using [AP report] the controversial waterboarding [JURIST news archive] technique. Pelosi did concede that she had learned in 2003 that harsh techniques were being employed but defended her decision not to speak up over security concerns. Pelosi renewed calls for an independent "truth commission" [Reuters report] to investigate alleged abuses committed during the Bush administration.

On Wednesday, the Senate Subcommittee on Administrative Oversight and the Courts [official website] held the first hearing [materials; JURIST report] on whether Bush administration interrogation techniques constituted torture. The recent release of four CIA interrogation memos [JURIST report] has renewed calls for the criminal prosecution of the memos' authors. Last month, UN special rapporteur on torture Manfred Nowak [official profile, DOC] said that the US must prosecute [JURIST report] DOJ lawyers who drafted the memos. US President Barack Obama has said that he would not rule out the possibility of prosecuting [transcript; JURIST report] lawyers responsible for authoring the memos. Obama had previously said that he would not pursue prosecutions of CIA interrogators [statement], a pledge which drew sharp international criticism [JURIST report].

[JURIST] The government of Myanmar [JURIST news archive] received widespread international criticism after jailing democracy advocate and Nobel Laureate Aung San Suu Kyi [BBC profile; JURIST news archive] Thursday for violating the terms of her house arrest. Myanmar's military junta arrested Suu Kyi after a US man swam across a lake [NYT report] to the compound in which she was confined and spent at least one night on the property. Suu Kyi's lawyer says Suu Kyi asked the man to leave and considered alerting the guards to his presence, but took pity on him because he was suffering from exhaustion. The Czech Presidency of the EU [official website] on behalf of the EU urged Myanmar to release [statement] Suu Kyi immediately. US State Department [official website] spokesperson Ian Kelly also said Suu Kyi should be released immediately [transcript] during the daily press briefing. Many international observers noted that Suu Kyi's arrest came only two weeks before her house arrest was supposed to end and suggested that Suu Kyi's arrest was an attempt to keep her out of elections scheduled for next year. Suu Kyi's trial is scheduled to begin Monday. If she is found guilty, Suu Kyi faces up to five years in prison.

In March, the UN Human Rights Counsel (UNHRC) [official website] passed a resolution [JURIST report] denouncing Myanmar for human rights abuses and calling on the military junta to desist from politically motivated arrests and release nearly 2,100 political prisoners. This came a week after the UN Working Group on Arbitrary Detention [official website] said [press release and opinion, PDF; JURIST report] that the detention of Aung San Suu Kyi violates Myanmar's 1975 State Protection Law [text] and pressed for her immediate release. In February, the military government of Myanmar granted amnesty to 23 political detainees and more than 6,300 other prisoners, said Thailand-based human rights group Assistance Association for Political Prisoners (AAPP) [advocacy website]. These grants were in response to increasing international pressure on the military junta to end its persecution of political dissidents. In January, Amnesty International (AI) [advocacy website] sent an open letter [text, PDF; JURIST report] to the government, urging it to cease targeting its Rohingya Muslim minority [BBC profile]. In December, the UN General Assembly [official website] adopted a resolution [press release; JURIST report] denouncing the nation's alleged human rights violations. In June, the UNHRC criticized the government of Myanmar [JURIST report] for its continued human rights abuses and refusal to cooperate with humanitarian groups.

[JURIST] The German Bundestag [official website, in German] voted Wednesday in favor of heightened requirements for late-term abortions including a three-day waiting period and a mandatory psychological evaluation. Current law in Germany outlaws abortions after 12 weeks of pregnancy [text, PDF, in German] except in circumstances in which the mental or physical health of the mother is threatened or when the fetus is severely affected and may not be viable. The amendments to the Conflicts of Pregnancy Act [materials, in German], approved by a vote of 326-234, require doctors to counsel pregnant women seeking a late-term abortion about possible medical and psychological consequences and impose a three-day consideration period between the counseling session and the procedure. The legislation is aimed at reducing the number of late-term abortions currently being sought by encouraging pregnant women to change their minds. Doctors failing to impose the new regulations may be fined [Local report]. Some members of the Social Democratic Party [party website, in German] urged for a more flexible waiting period [DW report] that could be determined on a case-by-case basis. The new regulations will go into effect in 2010.

Abortion laws in Europe vary, with most countries allowing the procedure to be performed up to twelve weeks [BBC backgrounder] into pregnancy. In March, Spain proposed changes to liberalize their abortion laws, sparking widespread protests [JURIST reports]. In 1992, the US Supreme Court approved a 24-hour waiting period [opinion text] imposed by Pennsylvania for obtaining an abortion, holding that such a requirement was not an undue burden on the pregnant woman.

[JURIST] Speaker of the Russian State Duma [official website, in Russian] Boris Gryzlov said Wednesday that a proposal by President Dmitry Medvedev [official website] to allow parliament to select the head of the Constitutional Court will be supported by the parliamentary majority. Under the proposed legislative amendments [Moscow Times report], the 19 members of the court would no longer have the authority to elect their own president to serve a three-year term. Instead, the president of the court would be chosen by the Russian Federation Council [official website, in Russian], the upper house of parliament. Gryzlov said the proposed changes are in line with the practices of other countries [Itar-Tass report], citing the US system in which the president nominates all members of the Supreme Court. Critics have said [Telegraph report] that the move appears to be an attempt by Russian Prime Minister Vladimir Putin [official website to make it easier for himself to run for president before he is eligible in 2012 by limiting potential challenges in the Constitutional Court.

In January, amendments [JURIST report] to the Russian Constitution [materials, in Russian] extending term limits for the president and members of parliament officially took effect. The amendments extending presidential terms from four to six years and terms for parliament members from four to five years were signed into law [JURIST report] by Medvedev in December. Medvedev proposed the changes in his first state of the nation [text; JURIST report] address in November. Critics fear the extension of presidential terms was designed to afford a longer third term for Putin should Medvedev step aside. Kremlin officials contended the amendments would strengthen the political system.

[JURIST] US President Barack Obama [official website] is considering six possible nominees for the US Supreme Court [official website] to replace retiring Justice David Souter [JURIST report], including five women, the Associated Press reported [AP report] Thursday. This six names disclosed by White House officials are Solicitor General Elena Kagan, Michigan Governor Jennifer Granholm, Homeland Security Secretary Janet Napolitano, US Appeals Court judges Sonia Sotomayor and Diane Pamela Wood, and California Supreme Court Justice Carlos Moreno [official profiles]. Other candidates are reportedly also being considered. Obama met with several Senators Wednesday and told them that he would review candidates over the weekend [Washington Post report], which has led to speculation that an announcement of a nominee could come early next week.

Last week, conservative Senator Jeff Sessions (R-AL) was chosen by Senate Republicans to replace [JURIST report] newly-declared Democrat Senator Arlen Specter (D-PA) as ranking Republican on the Senate Judiciary Committee [official websites]. Sessions will play a key role in questioning Obama's nominee. Judiciary Committee chairman Patrick Leahy (D-VT) [official website] has said that he hopes to have a replacement for Souter confirmed [JURIST report] by the beginning of the Court's 2009 term in October. When news of Souter's retirement first became public earlier this month, Obama said [JURIST report] he would, "seek somebody with a sharp and independent mind and a record of excellence and integrity."

[JURIST] The Italian Chamber of Deputies [official website, in Italian], the lower house of parliament, on Wednesday approved legislation [materials, in Italian] that would increase the penalties for illegal immigration by a vote of 297-255. The controversial legislation provides that an alien who enters or resides in Italy in violation of existing immigration laws shall be fined between 5,000 and 10,000 euros. Landlords who knowingly lease to illegal immigrants [AP report] may now face up to three years in prison. The legislation is aimed at lowering crime associated with illegal immigrants and would allow for the formation of civilian anti-crime patrols [EUobserver report]. Opponents of the legislation have criticized it as xenophobic, but Italian Prime Minister Silvio Berlusconi [official profile, in Italian] has defended [Corriere della Sera report, in Italian] it as important for public safety. The measure still needs to be approved [Corriere della Sera report, in Italian] by the Senate [official website, in Italian].

Illegal immigration is an increasing problem [BBC report] in Italy that resulted in approximately 36,000 people arriving by boat last year, mostly from Africa. Last week, the Italian government sent 227 migrants back to Libya [AFP report] without asylum hearings in violation of the UN Refugee Convention [text]. The UN Refugee Agency [official website] urged Italian authorities [text] to reconsider their position, pointing out that Libya is not a member of the UN Refugee Convention and is lacking a functional asylum system. Human Rights Watch (HRW) [advocacy website] criticized the actions [HRW report], maintaining that returning the migrants to Libya put them at risk for harm and inhumane treatment. In November, UN human rights experts expressed concern [JURIST report] for Italy's treatment of detained migrants and asylum seekers.

[JURIST] Former head of the Office of Legal Counsel (OLC) [official website] and federal judge Jay Bybee [official profile], who signed off on memos detailing the legal rationale for enhanced interrogation techniques, has declined an invitation to testify [JURIST report] before the US Senate Judiciary Committee [official website], committee chairman Patrick Leahy (D-VT) [official profile] said [testimony] Wednesday. Leahy made the announcement during a hearing [materials; JURIST report] before the Senate Subcommittee on Administrative Oversight and the Courts [official website] on whether Bush administration interrogation techniques constituted torture. Leahy offered no explanation why Bybee chose not to testify, but said:

Since Judge Bybee, through his lawyers, has declined to testify before the Committee at this time about his role in the drafting and authorization of memoranda from the Office of Legal Counsel that permitted torture, I can only presume that he has no exonerating information to provide. Judge Bybee must know that the presumption in our civil law is that when a person fails to come forward with information in his possession that is relevant to a matter, it is presumed to be because the information is negative and not helpful to his cause.

Testifying voluntary before the Judiciary Committee about these now-public memoranda is one way in which Judge Bybee could have helped complete the record of what happened and why but he refused. This is especially inappropriate given that Judge Bybee has hardly maintained silence about these matters. He has talked to friends and employees, he has communicated to the press and he has communicated through his lawyers to the Justice Department regarding the Office of Professional Responsibility's review of his actions while a government employee in the Office of Legal Counsel. Apparently the only people he will not explain his actions to are the people who granted him a lifetime appointment to the Federal bench -- the American people through their elected representatives in Congress.