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Legal news from Tuesday, December 30, 2008 |
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Hasina elected Bangladesh PM in heavily-monitored elections
Devin Montgomery on December 30, 2008 12:45 PM ET

[JURIST] The Bangladesh Election Commission (BEC) [official website] on Tuesday released results [BEC materials] for the country's Monday elections, in which voters elected Sheikh Hasina [AP profile] as prime minister and members of her Bangladesh Awami League [party website] party as 228 of the country's 300 parliamentary representatives. The elections, which end two years of military rule in the country, were said to be generally fair and democratic by both domestic and international [EU mission materials] monitoring groups. In a release [text] on their observation of the elections, advocacy group International Republican Institute (IRI) [advocacy website] praised the results as "accurately [reflecting] the will of Bangladeshi voters," despite some irregularities: The delegation was particularly impressed with the dedication of the millions of Bangladeshi voters who stood patiently in line to exercise their civic rights and to participate in the political process. At the polling stations observed by IRIs teams, the process appeared organized and calm, and election officials were generally knowledgeable about election law. Though observers noted many procedural irregularities they did not believe them of the scope and severity that would call into question the legitimacy of the process or outcome. The US State Department also praised [press release] the elections. Despite urging by monitoring groups, members of the opposition Bangladesh Nationalist Party [party website], including former prime minister Khaleda Zia [UN profile], have challenged [BBC report] results from 220 polling stations. A spokesperson for the BEC said it will investigate the allegations of forgery, ballot tampering, and other violations of the country's election laws [BEC materials].
Earlier this month, interim Bangladeshi president Iajuddin Ahmed [official profile] signed [JURIST report] the Emergency Powers (Repeal) Ordinance of 2008, lifting a two-year state of emergency to allow for political campaigning. The state of emergency, declared in January 2007 [JURIST report], had suspended democratic rights throughout the country. The state of emergency had been briefly lifted in November, but was reinstated [JURIST report] following violent protests after Jamaat-e-Islami [party website] party leaders were arrested on corruption charges. In June, Hasina was indicted on charges [JURIST reports] that she received approximately $440,000 in illegal kickbacks on a power-plant deal during her earlier term as prime minister between 1996 and 2001.


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Iraq court delays trial of shoe-throwing journalist
Jake Oresick on December 30, 2008 11:59 AM ET

[JURIST] The Central Criminal Court of Iraq (CCCI) [establishment order, PDF] on Tuesday postponed the trial of Muntadhar al-Zaidi [BBC profile], the journalist accused of throwing his shoes at US President George W. Bush [official website]. The trial will resume after the Iraqi High Judicial Council determines whether al-Zaidi should be charged with "assaulting a foreign leader," a crime punishable by up to 15 years in prison, or the lesser crime of "insulting a foreign leader," punishable by a no more than three years in prison. Lawyers for Al-Zaidi sought to have the crime downgraded, arguing that Bush was not put in real danger by the incident. Zaidi's family members, Iraqi protesters, and advocacy group Codepink [press release] have called for his pardon and release. A date for a ruling on the charges against al-Zaidi has not been set.
Those opposed to al-Zaidi's trial have criticized the CCCI for failing to meet international standards of fairness and due process [HRW report], and have alleged that al-Zaidi was beaten while in custody [JURIST report]. There have also been allegations that a purported apology letter from al-Zaidi had been forged [CBS report]. The shoe-throwing incident occurred at a December 14 joint news conference where Bush and Iraqi Prime Minister al-Maliki [BBC profile] were discussing the signing of the Status of Forces Agreement (SOFA) [text, PDF; CFR backgrounder].


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China dairy companies to pay $160 million in compensation for contaminated milk
Devin Montgomery on December 30, 2008 10:49 AM ET

[JURIST] Twenty-two Chinese dairy companies are expected to pay a total of $160 million to compensate the families of nearly 300,000 children harmed by melamine-contaminated milk [JURIST news archive], according to a Tuesday report [text] by China Daily. Government sources have said that $129 million of the settlement will be made as lump sum payments to families whose children were made ill or killed by the contamination. The families are expected to receive between $290 and $29,000 in compensation, depending on the amount of harm caused. A spokesperson for the China Insurance Regulatory Commission [official website] has said that another $31 million will go towards a long-term healthcare fund for the children. Some families have already agreed to accept the settlement amounts, but lawyers for other victims have urged their clients to reject them [AP report], saying the payouts are too small.
Also Tuesday, the Shijiazhuang Intermediate People's Court began the trial [Xinhua report] of Geng Jinping and Geng Jinzhu, two men suspected of adding the chemical as part of a mixture designed to increase the protein content of the milk. The two men were employees of the government-owned Shijiazhuang Sanlu Group Co. [Research and Markets profile], whose chairwoman is expected to face trial on Wednesday for her involvement in the selling of the contaminated milk.
The Chinese Dairy Industry Association [Light Industry backgrounder] announced [JURIST report] the proposed settlement last week, but had not disclosed its amount. News of melamine-contaminated milk first broke in September [Guardian report], leading to massive recalls [BBC report] of Chinese dairy products. The contaminated milk has left six dead and 294,000 ill, according to the Ministry of Health [government website]. Four others suspected of involvement in the contamination went on trial Monday, and the trials of six others [JURIST reports] began last week.


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