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Legal news from Friday, October 19, 2012 |
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Pakistan high court recommends probe of 1990 election bribery scandal
Samuel Franklin on October 19, 2012 2:23 PM ET

[JURIST] The Supreme Court of Pakistan [official website] issued a short order [text, PDF] on Friday instructing the government to launch legal proceedings against a former army chief and intelligence director for their involvement in the country's 1990 election bribery scandal. The case was originally brought 16 years ago and alleges that the defendants illegally financed the campaigns of certain political candidates in the 1990 election. Former Army Chief Mirza Aslam Baig and Director General of Inter-Services Intelligence (ISI) Asad Durrani are accused of supporting and facilitating the illegal funding in hopes of defeating the then-ruling political Pakistan Peoples Party (PPP) [party website]. The court found that there was sufficient evidence to support charges against the two officials, noting that former president Ghulam Ishaq Khan, who is now deceased, was also likely involved in the scandal. The court ordered a transparent investigation by the country's Federal Investigation Agency [official website], criminal charges to be brought against the officials, and for those still living to be brought to trial.
This decision comes in the wake of years of hearings dating back to the 1996 petition filed by Khan, a former Air Marshal. The petition resurfaced in the Supreme Court in February [CNN report]. The 1990 election was a victory for the right-wing political party [BBC timeline], the Islamic Democratic Alliance (IDA). It resulted in the defeat of a number of different PPP officials, including the highly-revered former Prime Minister Benazir Bhutto [BBC obituary; JURIST news archive]. Bhutto was assassinated [JURIST report] in a suicide attack in 2007 at a rally in Rawalpindi while campaigning for her party in the lead-up to the 2008 parliamentary elections.


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Italy high court finds causal link between mobile phones and cancer
Dan DeRight on October 19, 2012 2:01 PM ET

[JURIST] The Italian Supreme Court [official website, in Italian] ruled Thursday that a causal link exists between cell phone use and cancer, ordering that the appellant be compensated. The court found that the appellant developed a benign tumor on the left side of his face due to his job's requirement that he spend 5-6 hours a day on the phone. The Supreme Court held [Il Giorno report, in Italian] the injury entitled the appellant to an 80 percent disability pension. The Supreme Court's decision was largely based upon studies performed by the Hardell Group [text] between 2005 and 2009, which the court held showed an increased risk of malignancy due to heavy mobile phone use. The Italian labor agency (INAIL) [official website, in Italian] argued in favor of indemnifying the manager, as the situation in the instant case was unique and non-indicative of normal phone use.
The connection between mobile phone use and cancerous growth has long been debated in scientific communities. The World Health Organization (WHO) [official website] compiled studies [WHO fact sheet] over several decades that have yet to support the causal link claimed by the Italian court, and Hardell's conclusions have been challenged by many researchers [Cancer Research UK report]. Attempts to find the causal link are greatly hampered, not only by the available evidence and the duration involved with the growth and detection of tumors, but by rapidly changing microwave output levels of phones at various stages of technology, basic difficulties in assessing the exposure level to the radiation itself and claims that microwave output levels cannot be correlated to exposure [JURIST report].


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Freed Russia feminist band member submits complaint to Europe rights court
Dan Taglioli on October 19, 2012 10:49 AM ET

[JURIST] The recently freed member of the controversial Russian feminist rock collective Pussy Riot [RASPI backgrounder; JURIST news archive] announced Friday that she has filed a complaint with the European Court of Human Rights [official website]. Yekaterina Samutsevich, 30, is claiming [RAPSI report] violations of her right to freedom of speech and that she was illegally detained and prosecuted as one of three band members
sentenced to two years in prison [JURIST report] for hooliganism in connection with a "guerrilla performance" of a protest song in February at the altar of downtown Moscow's Christ the Savior Cathedral. She maintains that her sentence was a breach of Article 10 of the European Convention on Human Rights [materials]. Since the beginning of the trial [JURIST report], the group's lawyers and human rights groups have said the charges were politically motivated by President Vladimir Putin [official website; JURIST news archive] to discredit his opposition. The two other detained members of the band, Maria Alekhina and Nadezhda Tolokonnikova, had also appealed, but the Moscow City Court [official website, in Russian] upheld their two-year prison sentences.
Samutsevich was freed [JURIST report] earlier this month. Claiming her situation within the appeal was unique because she did not perform, Samutsevich had previously asked for a delay in the proceedings after firing the lawyer [JURIST report] that had been representing the band as a whole. Several days prior to the trial Russian Prime Minister Dmitry Medvedev [official website, in Russian] called for the release of the band members, saying that time served has been severe enough and that any more time in prison would be counterproductive. The Russian Presidential Council on Human Rights [official website, in Russian] has questioned the legitimacy [JURIST report] of the court's verdict and sentence. Pussy Riot's defense lawyers moved [JURIST report] earlier in August to have one of the judges recuse herself from the case, saying her decisions were politically motivated.


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Council of Europe rules against Greece labor reform measures
Dan Taglioli on October 19, 2012 10:27 AM ET

[JURIST] The Council of Europe [official website] found Friday that two labor reforms adopted by Greece as part of wider efforts to curb the nation's financial crises were illegal. The Council's non-binding ruling [Reuters report] concerned two measures passed by the Greek government in 2010 at the urging of the country's international creditors. One provision extended to one year the "trial period" during which workers can be dismissed without notice, and the other measure cut, to two-thirds of the national minimum wage, the minimum pay for workers under 25 years of age. Based on an appeal by Greek public sector unions the Council's European Committee of Social Rights (ECSR) [official website] held that the reforms contravened the European Social Charter [materials], in that the "trial period" extension contradicted the charter's mandate that workers are entitled to reasonable notice of termination, and that the lowered youth wage meant that affected young Greeks would fall below the poverty line of €580 per month. The ECSR does not have the power to enforce its ruling but can recommend to the 47-nation Council to adopt a resolution calling on Greece as a member state to take corrective action.
The Council plays a watchdog role for human rights issues across the European continent. Last month Council Secretary-General Thorbjorn Jagland [official profile] advocated for free and fair parliamentary elections in Ukraine [JURIST report] as he condemned the imprisonment of former prime minister and opposition party leader Yulia Tymoshenko [personal website; JURIST news archive]. In July the Council joined Amnesty International Moldova [advocacy website, in Romanian] in calling for an assessment of the constitutionality of a new law that allows chemical castration [JURIST report] of anyone found guilty of violent pedophilia. In June Human Rights Watch (HRW) [advocacy website] urged Bulgarian Justice Minister Diana Kovacheva to denounce calls to violence by anti-gay groups [JURIST report] in anticipation of a lesbian, gay, bisexual and transgender (LGBT) pride parade in Sofia, on the grounds that Bulgaria, as a member state of the Council, is subject to the recommendation of the Council's Committee of Ministers to member states to combat discrimination on grounds of sexual orientation or gender identity.


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