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Legal news from Monday, November 28, 2005 |
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Ex-Chinese minister charged with accepting bribes
Kate Heneroty on November 28, 2005 9:37 AM ET

[JURIST] China's [JURIST news archive] former minister of land and natural resources, Tian Fengshan [profile], was charged Monday with accepting bribes of nearly 5 million yuan, or $619,000. Tian has been in custody since 2004 when he was removed from office after the former director of a provincial environmental protection bureau, Wang Shenyi, exposed the corruption. Wang has also been charged with corruption and was sentenced in July to 15 years in prison. Another government official, Ma De, former secretary of the municipal committee of the Communist Party of China in Suihua City, was sentenced to death in July for accepting bribes [China Daily report]. China's recent boom in commercial and residential development has led to an increase in private developers bribing government officials for favorable treatment. Tian is expected to face trial in early 2006 in the Beijing Number Two Intermediate People's Court. Reuters has more.


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International brief ~ Kenya outlaws opposition rallies, dismisses new elections
D. Wes Rist on November 28, 2005 8:05 AM ET

[JURIST] Leading Monday's international brief, Kenyan Vice-President Moody Awori has announced that the Kenyan government is outlawing all rallies by the Orange Movement, the anti-constitution coalition that handed Kenyan President Mwai Kibaki [official profile] a solid defeat [JURIST report] in last week's referendum [JURIST report]. Awori said that the ban reflected the government's position that the referendum was simply a vote on the proposed constitution, not a reflection of the populace's approval of the government. As well as inappropriate, Awori said the call for mass demonstrations by Orange leaders was a threat to national security and thus all demonstrations were outlawed. Awori also said that the government was rejecting calls for the dismissal of Parliament and the holding of snap elections. JURIST's Paper Chase has continuing coverage of Kenya [JURIST news archive]. Kenya's East African Standard has local coverage.
In other international legal news ... - The South African extradition hearing for Ibrahim Abubaker Tantoush, a Libyan with alleged links to the al Qaeda terrorist organization, was taken off the court docket Monday after the Central Prosecuting Authority confirmed that South African President Thabo Mbeki [official profile] had not given his consent for the hearing. Mbeki's consent is required under South African law since South Africa and Libya, where Tantoush is wanted on criminal charges, do not share an extradition agreement. Tantoush's lawyer is arguing that his client cannot be removed from South Africa until his application for political asylum is decided. The UN Convention on the Status of Refugees [text] allows governments to deny asylum to otherwise worthy individuals if they are reasonably believed to have committed a serious crime prior to applying for refugee status. Tantoush was picked up on charges of using a fake passport and then detained when the Interpol warrant against him was discovered. JURIST's Paper Chase has continuing coverage of South Africa [JURIST news archive]. South Africa's News 24 has local coverage.
- Police officials in Nepal conducted a raid on Radio Sagarmatha [media website], the first independently-owned community radio station in Nepal, for allegedly "airing programmes that encourage terrorists and terrorism against Section 15 (d) and (i) of the National Broadcasting Act- 2049 BS and the licence provided to the radio station." The letter from the Ministry of Information and Communication [official website] left at the radio station accused personnel of attempting to air an interview of Maoist leader Pushpa Kamal Dahal concerning the recent political understandings reached between the Maoists and the Seven-part Alliance. All radio stations in Nepal were also simultaneously banned from carrying the BBC Nepali Service. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Kantipur Online has local coverage.


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Saddam trial adjourned until Dec. 5 after brief session
Sara R. Parsowith on November 28, 2005 7:04 AM ET

[JURIST] The trial of Saddam Hussein [JURIST news archive] resumed Monday, but was quickly adjourned until December 5 to allow two of Hussein's co-defendants, including former Vice President Taha Yassin Ramadan, to find replacements for members of the defense team killed [JURIST report] since the last trial session on October 19 [JURIST report]. Defense lawyers had threatened to boycott the proceedings over security concerns, but lawyer Khamees al-Ubaidi said Sunday that an agreement has been reached with US and Iraqi authorities to tighten security. Hussein and his seven co-defendants have been charged [JURIST report] with the murder of more than 140 Shiite Muslims, torture, forced expulsions and illegal detentions, alleged to have taken place after an assassination attempt against Hussein in 1982. Before proceedings were adjourned Monday, videotaped testimony of a former intelligence officer who investigated the assassination attempt was played in court. Waddah al-Sheikh became the first witness to testify last month when he offered recorded testimony [AP transcript] from his hospital bed before later dying from cancer [JURIST report]. Two new members of Hussein's defense team [JURIST report], former US Attorney General Ramsey Clark and former Qatari Justice Minister Najib al-Nueimi, were present at Monday's session, although neither have been officially recognized by the Iraqi High Criminal Court (formerly the Iraqi Special Tribunal [official website]) as legal counsel since Khalil al-Dulaimi, Hussein's chief lawyer, did not request official permission for foreign attorneys to attend the trial. Although Iraqi law allows foreign lawyers to act as advisers, it requires that to argue cases in court, lawyers must be members of the local bar association. AP has more.


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