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Legal news from Friday, December 28, 2012 |
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China passes legislation requiring adult children to care for elderly parents
Benjamin Minegar on December 28, 2012 6:43 PM ET

[JURIST] China's National People's Congress (NPC) [official website] on Friday passed amendments to a law allowing elderly parents to file suit against their adult children if they feel they have been neglected or abandoned by them. While the law mandates [BBC report] that adult children must visit and assist elderly parents on a regular basis, it provides no express provisions for the frequency or nature of such visits. The law comes in the wake of a paradigm shift in Chinese demographics [BBC report], where life expectancy has increased from 43 to 73 in the past five decades. Experts have stated [BBC report] that by 2050 more than a quarter of the Chinese population, already tallied at over 1.34 billion, will be over 65 and care must be shifted to younger generations. In addition, Chinese newspapers are allegedly replete with reports of abuse, neglect and abandonment of elderly parents by adult children. The law seeks to remedy the situation while providing elderly parents with a means of protecting their assets and property from children that seek to take advantage of their elderly state.
China has passed several other measures in response to social issues and demographic shifts. In October, the NPC adopted [JURIST] the nation's first mental health law to protect the rights of the mentally ill, according to a report by the country's state-run news agency. The new law was designed to protect the safety and privacy of individuals with mental illnesses and specifically targeted protection of the identities and personal information of individuals receiving care in psychiatric facilities. In April 2009 the Chinese government issued [JURIST report] its first national plan aimed at protecting human rights. The plan set forth measures to protect people's rights to education, employment, medical and old-age care, and housing, and also sought to protect ethnic minorities, promote gender equality, guarantee suspects the right to an impartial trial, and prohibit illegal detentions and the use of torture to extract confessions from suspects. In addition China also sought to provide basic nationwide health care, slow its greenhouse-gas emissions, and protect normal religious activities.


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Rajaratnam agrees to settle with the SEC for $1.45 million
Benjamin Minegar on December 28, 2012 5:04 PM ET

[JURIST] Former Galleon Group hedge fund manager Raj Rajaratnam [JURIST news archive] on Friday agreed to pay approximately USD $1.45 million to settle an ongoing civil lawsuit filed by the Securities and Exchange Commission (SEC) [official website]. After the SEC charged [press release; JURIST report] Rajaratnam with insider trading in 2009, the US District Court for the Southern District of New York [official website] convicted [JURIST report] him in May of 2011 of five counts of conspiracy to commit securities fraud and nine counts of securities fraud. In October 2011 he was sentenced [JURIST report] to 11 years in prison, fined for $10 million and ordered to forfeit an additional $53.8 million to the SEC. While Rajaratnam is in the process of appealing criminal convictions as he serves his sentence, his agreement to settle the concurrent civil suit with the SEC effectively abrogates any right of appeal [Reuters report] and payment must be remitted within a 90 day period. The sum is meant to represent profits gained unfairly from insider trading tips garnered from former Goldman Sachs [official website] director Rajat Gupta [JURIST news archive], who was also convicted of fraud [JURIST report] in June.
Raj Rajaratnam's case has been called the largest hedge fund insider trading case in US history, and his sentence is the longest term ever imposed for insider trading. The 11-year sentence [JURIST report] was significantly lower than the 24 1/2-year sentence requested by prosecutors and less than the 19 1/2-year minimum indicated by the non-obligatory federal sentencing guidelines. Calling his crime an assault on free markets and a virus in business culture in need of eradication, Judge Richard Holwell cited Rajaratnam's charitable financial help for victims of the tsunami in Sri Lanka, the earthquakes in Pakistan and the 9/11 attacks, as well as his impeding kidney failure due to advanced Type II diabetes as reasons for the comparatively lenient sentence. Several other defendants have pleaded guilty in connection with the case. Danielle Chiesi pleaded guilty [JURIST report] in January 2011. Former IBM senior vice president Robert Moffat was sentenced to six months in prison in September 2011 and ordered to pay a $50,000 fine for his role in the scheme after pleading guilty [JURIST reports] in March 2010. Former Intel Capital executive Rajiv Goel pleaded guilty [JURIST report] to insider trading charges in February 2010. Rajaratnam, Chiesi, Goel and Moffat were arrested in October 2009 and charged along with two other individuals and two business entities with insider trading. The complaint alleged that the individuals provided Galleon Group and another hedge fund with material nonpublic information about several corporations upon which the funds traded, generating $25 million in illicit gain.


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Two businesses will not comply with Supreme Court's order on contraception mandate
Julia Zebley on December 28, 2012 3:43 PM ET

[JURIST] Hobby Lobby, Inc. and Mardel Inc. [corporate websites] announced Thursday that they will not comply with Justice Sonia Sotomayor's order [JURIST report] that the companies provide employees with coverage for contraceptives under the Patient Protection and Affordable Care Act (PPACA) [text; JURIST backgrounder]. The two businesses, a craft store and religious bookstore, are owned by a Christian family, and are represented by the Becket Fund for Religious Liberty [advocacy website]. Their attorney, Kyle Duncan, posted this statement [text] in response to Sotomayor's order.Hobby Lobby will continue their appeal before the Tenth Circuit. The Supreme Court merely decided not to get involved in the case at this time. It left open the possibility of review after their appeal is completed in the Tenth Circuit. The company will continue to provide health insurance to all qualified employees. To remain true to their faith, it is not their intention, as a company, to pay for abortion-inducing drugs. Duncan later clarified to the press [NewsOK report] that the companies would not be complying with the mandate where contraception is concerned, despite Sotomayor declining to enjoin the mandate. Defying the mandate, which goes into effect for the businesses on Tuesday, could result in fines of $1.3 million per day of violation [UPI report].
US Supreme Court [official website] Justice Sonia Sotomayor on Wednesday denied [opinion, PDF] the Green family's application for injunction which would have prevented enforcement of the provision in the PPACA pending its appeal to the US Court of Appeals for the Tenth Circuit [official website] challenging the provision. Sotomayor ruled that the Oklahoma City family's religiously oriented business did not meet the requirements to allow an injunction against the PPACA's mandate. The opinion stated that the Hobby Lobby family did not meet the standard of showing that they have an "indisputably clear" legal right to an injunction while appeal is pending. The organizations are appealing an order by the US District Court for the Western District of Oklahoma that ruled [opinion, PDF] that despite the family's religious values, the businesses do not qualify for an injunction. "However, Hobby Lobby and Mardel are not religious organizations. Plaintiffs have not cited, and the court has not found, any case concluding that secular, for-profit corporations such as Hobby Lobby and Mardel have a constitutional right to the free exercise of religion."


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Egypt investigating former presidential candidates for treason
Sung Un Kim on December 28, 2012 1:06 PM ET

[JURIST] Egypt's chief prosecutor on Thursday ordered an investigation into allegations that opposition leaders were inciting supporters to overthrow the country's president Mohammed Morsi [BBC profile, JURIST news archive], which amounts to treason. The investigations are against Mohammed El-Baradei, a Nobel Peace laureate and former head of the UN nuclear agency, former Foreign Minister Amr Mousa [BBC profiles] and Hamdeen Sabahi [Aljazeera profile]. The accusations were filed [Aljazeera report] earlier this month by two lawyers and the order to investigate came a day after Morsi signed [JURIST report] into law the country's new constitution [text, PDF]. The three individuals had created a coalition, the National Salvation Front, in an effort to protest against Morsi. Mousa and Sabahi were presidential candidates in the recent presidential election. Critics have condemned the recent investigative order, accusing Morsi of taking measures similar to ousted president Hosni Mubarak [BBC profile; JURIST news archive] against his opponents. According to them, the order is merely an attempt to silence opposition against his regime. The new constitution that was signed on Wednesday was supported by over 63 percent of those who voted in the referendum but only 32.9% of Egypt's total of 52 million voters actually participated in the referendum.
Egypt is still attempting to reconcile the political crash arising out of the Egyptian revolution [JURIST backgrounder] last year, particularly regarding the constitution. The final draft of the constitution is backed by the Islamists and has been extremely controversial. Earlier in this month, the UN Working Group on discrimination against women [official website] expressed grave concern [JURIST report] over the draft constitution. UN High Commissioner for Human Rights Navi Pillay [official profile] has also expressed concern at the rising death toll during the ongoing political chaos in Egypt, saying that Egypt's draft constitution presents serious problems for human rights [JURIST report]. Pillay complained [UN News Centre report] that the draft constitution was passed without the participation of Christian or liberal legislators. Pillay also said that she was concerned about the draft constitution's omission of references to international human rights treaties that Egypt ratified in the past. While Pillay commended the fact that the draft constitution imposes term limits on President Mohammed Morsi and provides some protections for freedom of expression and religion, she noted that these protections were not strong enough.


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Cambodia's judicial system criticized by rights organizations
Sung Un Kim on December 28, 2012 12:00 PM ET

[JURIST] Cambodia is misusing [press release] its judicial system in order to suppress dissent and thereby undermine justice, according to Human Rights Watch (HRW) [advocacy website] on Thursday amid two court rulings against three individuals. In the first case, the Court of Appeals of Cambodia upheld a lower court's 20-year sentence against two individuals, Born Samnang and Sok Sam Oeun, for the 2004 murder of Chea Vichea, the leader of Free Trade Union (FTU). HRW criticized the recent holding because it has been clear throughout the criminal proceedings that there were insufficient evidence for a conviction and that the individuals were used as scapegoats. The two individuals had been arrested and convicted for 20 years but the Supreme Court remanded the case for further investigation and released the individuals on bail in 2009. However, in the recent ruling, the Court of Appeals made no mentioning of new evidence being admitted. The second case involved a leader of a movement protesting mass evictions from Phnom Penh's Boeng Kak area. Yorm Bopha, her husband and her two brothers were convicted for assaulting a man who had stolen her car's side mirrors. The trial against the four individuals has been based on fabricated evidence. Rupert Abbott, Researcher on Cambodia for Amnesty International (AI) [advocacy website] condemned the ruling stating that "[t]hese shocking verdicts show why Cambodians have good reason not to trust their courts." AI designated [press release] Bopha, who was sentenced to three years in prison, as prisoner of conscience and accused the country of not respecting the rule of law.
In October a Cambodian court sentenced a prominent Cambodian radio broadcaster [JURIST report] and rights activist to 20 years imprisonment for inciting rebellion against the state. He was arrested in July on accusations of being involved in a plot to incite villagers in eastern Kratie to rebel against the Cambodian government in an effort to establish an autonomous region in the province. A month earlier, the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] released the former "First Lady" of the Khmer Rouge [JURIST news archive] regime, Ieng Thirith. The court ruled that she should be released due her degenerative illness, said to likely be Alzheimer's. Thirith, the sister-in-law of former leader Pol Pot [BBC backgrounder], has always denied any wrongdoing. The ECCC has only convicted one former Khmer Rouge leader, Kaing Guek Eav [JURIST news archive]. Earlier in September the ECCC announced that it would declassify more than 1,700 war crimes documents [JURIST report] in efforts toward more convictions. Ieng Thirith was indicted [JURIST report] in September 2010 along with Ieng Sary, Khieu Samphan and Nuon Chea. The ECCC ruled in November that Ieng Thirith was unfit to stand trial, but the Supreme Court Chamber ordered that she remain in detention [JURIST reports] and that the Trial Chamber exhaust all measures so that she can stand trial.


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Putin signs Russia adoption ban into law
Julia Zebley on December 28, 2012 9:28 AM ET

[JURIST] Russian President Vladimir Putin [official website, in Russian; JURIST news archive] signed into law Friday a recently passed bill that would prohibit United States citizens from adopting Russian children. The legislation was unanimously passed this week [JURIST report] by the Council of Federation [official website], the upper house of the Russian parliament, after passing the lower house by a vote of 420 to 7. Putin signaled his intent [JURIST report] to sign the bill yesterday. The bill is widely viewed as retaliation against US legislation [WP report] aimed at corrupt Russian officials and signed into law earlier this month. The Russian adoption law is known as the Yakovlev initiative, after US-adopted Russian toddler Dima Yakolev, who died in Virginia in 2008. The US State Department released a statement [text] denouncing the law.The Russian government’s politically motivated decision will reduce adoption possibilities for children who are now under institutional care. We regret that the Russian government has taken this step rather than seek to implement the bilateral adoption agreement that entered into force in November. We are further concerned about statements that adoptions already underway may be stopped and hope that the Russian government would allow those children who have already met and bonded with their future parents to finish the necessary legal procedures so that they can join their families. The law will come into force on January 1 [Interfax report, in Russian], ending any adoptions by US parents that have not concluded by that date. Human Rights Commissioner of Russia Vladimir Lukin [official profiles] suggested he may challenge the law in the constitutional court.
The Russian Legal Information Agency (RAPSI) [official website], a legal information agency which operates in coordination with Russian courts, reports the Yakovlev initiative was adopted in retaliation [RAPSI report] against the US Magnitsky Act [text]. The new US legislation places financial and visa sanctions on officials connected to the arrest, imprisonment and death of Sergei Magnitsky [BBC report], a lawyer and whistleblower who unearthed a US$230 million tax fraud, and was subsequently arrested by the police officers he accused of carrying out the fraud. Magnitsky died in prison in 2009 [JURIST report]. The Yakovlev initiative comes just months after Russia and the US entered into an agreement [JURIST report] tightening restrictions on international adoptions.


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