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Legal news from Tuesday, June 26, 2007 |
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Humanitarian abuses, conflict worsening in Central African Republic: AI
Gabriel Haboubi on June 26, 2007 3:25 PM ET

[JURIST] Amnesty International [advocacy website] said Tuesday that humanitarian abuses have become commonplace in the Central African Republic (CAR) [BBC profile; JURIST news archive] as the armed conflict between the government and opposition forces escalates, "virtually unnoticed by the international community." Amnesty researcher Godfrey Byaruhanga said that while international attention is focused on Chad and Darfur [JURIST news archive], the CAR has become a "hunting ground" [press release] for regional armed opposition forces. Byaruhanga also implicated CAR soldiers and police officers, saying that troops have killed civilians accused of colluding with the opposition, and destroyed entire villages during reprisal attacks. Amnesty called for the CAR government to launch thorough investigations into the allegations: [T]he CAR government must immediately investigate and bring to justice - in trials which meet international standards of fairness - its soldiers and other law enforcement agents accused of committing violations of human rights and humanitarian law. Amnesty also called for the armed opposition groups to stop violence against civilians and asked them to respect international peacekeepers"[A]rmed groups have an obligation to respect international humanitarian law and must stop committing human rights abuses immediately... all parties to the conflict have an obligation to ensure that humanitarian organizations have unfettered access to the affected population. Byaruhanga said opposition groups, some from as far away as west Africa, frequently kidnapped children and demanded ransom. He reported that some families have had their children kidnapped as many as seven times, and have begun to flee into Sudan [JURIST news archive], Cameroon, and Chad, where life may actually be worse.
A spokesman for CAR President Francois Bozize [BBC profile] dismissed reports of the army attacking civilians and called for immediate deployment of UN forces to protect CAR civilians. BBC News has more.


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Nigeria court denies Pfizer motion to dismiss drug trial lawsuit
Gabriel Haboubi on June 26, 2007 1:05 PM ET

[JURIST] A Nigerian court Tuesday dismissed a request by pharmaceutical giant Pfizer [corporate website] to throw out a $7 billion lawsuit [BBC backgrounder] filed by the Nigerian government over a drug experiment conducted in the 1990s that allegedly killed or disabled children. Pfizer lawyers argued that the case had been improperly filed by government prosecutors. The judge agreed that one amendment, seeking to add 85 new claims to the case, had been brought improperly, but allowed the originally filed 56 claims to move forward. The government's case, which is being heard in the Nigerian capital of Abuja, is distinct from a $2 billion case brought in Kano, the site of the alleged experiment. A related case was dismissed [order, PDF] by the US District Court for the Southern District of New York [official website] in 2005.
All of the cases stem from an alleged illegal study performed during a meningitis outbreak in Kano in 1996. Lawyers allege that Pfizer treated 100 affected children with an experimental antibiotic called Trovan [Wikipedia backgrounder], while another 100 children were given lower than recommended doses of an approved antibiotic, Ceftriaxone [Wikipedia backgrounder]. As many as 11 children in the study died, while more now suffer from brain damage, paralysis, and other ailments. Pfizer denies that Trovan or their actions are responsible for the conditions. AP has more. BBC News has additional coverage.


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France judges to question Chirac in corruption probe
Michael Sung on June 26, 2007 1:05 PM ET

[JURIST] Former French President Jacques Chirac [official profile; BBC profile] will likely be questioned in an alleged corruption scheme [JURIST report] during Chirac's tenure as the mayor of Paris from 1977 to 1995, Chirac's lawyer Jean Veil said Tuesday. Chirac, who headed the Rally for the Republic (RPR), now renamed as the Union for a Popular Movement [party website], allegedly financed the RPR's payroll by illegally establishing fake city positions for party members to collect salaries totaling several million dollars. Chirac's lawyer said he will be called as a material witness; under French law, a material witness is not formally a suspect, but may be indicted pending the investigation. Veil emphasized that Chirac will not answer questions concerning two other scandals that allegedly occurred during Chirac's tenure as president of France [JURIST news archive], which ended in May.
Chirac allegedly ordered a secret investigation into current President Nicolas Sarkozy [BBC profile] in the Clearstream Affair [Wikipedia backgrounder] as part of a smear campaign [JURIST report] against Sarkozy prior to the presidential elections. Chirac has also refused to allow magistrates to search his office [BBC report] or question him pursuant to an investigation of the mysterious death of French judge Bernard Borrel [advocacy website, in French] in Djibouti. Chirac's lawyer said that because the French constitution grants judicial immunity to the president, Chirac will refuse to answer questions about events that occurred during his presidency. AP has more. BBC News has additional coverage.


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Taiwan High Court affirms insider trading conviction of president's son-in-law
Michael Sung on June 26, 2007 12:22 PM ET

[JURIST] The Taiwan High Court [official website, in Chinese] convicted Chao Chien-min, son-in-law of President Chen Shui-bian [BBC profile], of insider trading Tuesday. The decision affirmed a lower court's verdict [JURIST report], which also imposed a $900,000 fine, but increased Chao's prison sentence from six years to seven years because the insider trading exceeded $3.5 million. The court also affirmed the guilty verdict and the $900,000 fine against Chao's father, Chao Yu-chu, and sentenced him to nine years and six months in prison. The Chaos, who have up to 10 days to file a formal appeal, are expected to appeal to the Supreme Court of the Republic of China [official website].
Chen's wife, Wu Shu-chen, was indicted [JURIST report] last November for embezzlement and falsifying documents. Prosecutors have indicated that they have enough evidence to also indict Chen, who enjoys Article 52 [text] constitutional immunity from most criminal prosecution while he remains in office. Prosecutors say that the president and first lady embezzled $450,000 from the state affairs budget between 2002 and 2006. Chen has said that the funds were used for classified diplomatic purposes [JURIST report] although he has refused to produce documents to back his claim, saying the documents are state secrets. Chen has pledged to resign if his wife is found guilty, but it is unlikely that the trial will conclude before his term expires in 2008. Reuters has more. The Central News Agency has local coverage.


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Former US Army reserve officer sentenced for taking Iraq reconstruction bribes
Michael Sung on June 26, 2007 8:42 AM ET

[JURIST] A federal judge from the US District Court for the District of Columbia sentenced Lt. Col. Bruce D. Hopfengardner, a US Army Reserve officer, to 21 months in prison Monday and imposed a fine of $144,500 for Hopfengardner's involvement in a construction bidding and kickback scheme to defraud the Coalition Provisional Authority (CPA) [official website] in Iraq. Hopfengardner, who pleaded guilty [press release] last year to conspiracy to commit money laundering and wire fraud, used his position as a special adviser to the CPA to steer construction projects to Philip H. Bloom in exchange for cash, gifts, and even sexual favors. Hopfengardner faced a maximum sentence of up to 20 years in prison.
Prosecutors say that Bloom, who pleaded guilty [JURIST report] last April to charges of conspiracy, bribery and money laundering, received more than $8.6 million worth of rigged contracts. Bloom was sentenced to nearly four years in prison and ordered to forfeit $3.6 million in February. Another former US contractor working for the US Department of Defense [official website] in Iraq, received a nine-year prison sentence [JURIST report] in January. AP has more.


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Arrest warrant issued for Iraq cabinet minister in assassination plot
Michael Sung on June 26, 2007 7:54 AM ET

[JURIST] Iraqi security officials issued an arrest warrant and raided the home Tuesday of Culture Minister Asad Kamal al-Hashimi to investigate allegations that al-Hashimi masterminded an assassination attempt against a parliamentary candidate in February 2005. Al-Hashimi, a Sunni, is the first member of the Iraqi cabinet to face an arrest warrant. Al-Hashimi's party, the General Council for the People of Iraq, condemned the arrest warrant, saying it was a sectarian effort to remove Sunni leaders. Spokesperson for the Iraqi Accordance Front Muhanad al-Essawi said the charges against al-Hashimi were fabricated. The Iraqi Accordance Front [BBC backgrounder], composed of Sunni Arab Islamists and nationalists, is the largest Sunni parliamentary coalition in Iraq.
Last November, Iraqi Interior Minister Jawad al-Bolani announced an arrest warrant [JURIST report] for prominent hardliner Sunni cleric Harith al-Dhari [Time report], who headed the influential Association of Muslim Scholars [association website, in Arabic; GlobalSecurity backgrounder]. The warrant prompted widespread criticism from Sunni groups, which saw the move as being a part of the Shiite-dominated government's efforts to suppress Sunni political influence. AP has more.


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