Awan to appear before SC to explain government’s stance on Swiss case against Zardari

Islamabad, May 15 (ANI): Pakistan Law Minister Babar Awan is likely to personally appear before the Supreme Court on May 25 and explain the reasons behind the government’s decision not to formally ask the Swiss government to open the money-laundering cases against President Asif Ali Zardari.

The Supreme Court has expressed its discontent over the government’s inaction in light of its December 2009 verdict declaring the controversial amnesty law, the National Reconciliation Ordinance (NRO) as ‘unconstitutional’ following which all pending cases against Zardari and other beneficiaries of the NRO had to be reopened.

The apex court had summoned Awan to highlight the official stand concerning the case, as many contradictions had appeared in the past due to the government’s continuous flip-flops over the issues, The News reports.

Earlier, Attorney General Maulvi Anwar-ul-Haq had told the Supreme Court that Law Secretary Justice (retired) Muhammad Aqil Mirza , who has resigned, had made it clear that the Swiss cases had been closed and that there was no need for any communication with the Swiss government to reopen the multi-million dollar money laundering cases.

Cases against Zardari and 157 others were reopened after the Supreme Court declared the controversial amnesty law, the National Reconciliation Ordinance (NRO) as ‘unconstitutional’ in December last year.

Zardari and his assassinated wife Benazir Benazir were convicted by a Geneva court in 2003 of laundering 13 million dollars linked to kickbacks, but that verdict was overturned on appeal. In 2008, Swiss judicial authorities said they had closed the file related to the case. (ANI)

Pak law secretary resigns over Zardari Swiss cases controversy

Islamabad, May 8 (ANI): In an apparent bid to avoid confrontation with the Supreme Court, Pakistan Law Secretary Justice (retired) Muhammad Aqil Mirza has resigned from his post.

Mirza cited health reasons for his resignation, however sources said the main reason behind him stepping down was that he didnot want to appear before the apex court in the sou motu hearing of a case concerning the Swiss graft cases against President Asif Ali Zardari.

The hearing is scheduled to take place on May 13, The Daily Times reports.

Earlier this week, Attorney General Maulvi Anwar-ul-Haq had told the Supreme Court that Mirza had made it clear that the Swiss cases had been closed and that there was no need for any communication with the Swiss government to reopen the multi-million dollar money laundering cases.

Cases against Zardari and 157 others were reopened after the Supreme Court declared the controversial amnesty law, the National Reconciliation Ordinance (NRO) as ‘unconstitutional’ last December.

Zardari and and her assassinated wife Benazir Benazir , were convicted by a Geneva court in 2003 of laundering 13 million dollars linked to kickbacks, but that verdict was overturned on appeal. In 2008, Swiss judicial authorities said they had closed the file related to the case. (ANI)

Ready to take action against Zardari in Swiss laundering case on SC directives: Pak AG

Islamabad, Apr.28 (ANI): Pakistan’s newly appointed Attorney General Maulvi Anwar-ul-Haq has said that he is ready to write a letter to the Swiss government for reopening the money laundering cases against President Asif Ali Zardari if the apex court directs him to do so.

“I have gone through the judgment and the court has ordered the same that this should be a formal letter written in accordance with the rules of business and you better know what it means,” The News quoted Haq, as saying.

It may noted that Switzerland”s Attorney General (AG) Daniel Zappelli had already clarified that corruption cases against Zardari cannot be reopened, as he enjoys constitutional immunity.

Zappelli said Geneva could not open the money-laundering cases against Zardari even if it receives an official request from Islamabad.

“According to international rules, which Switzerland also applies, any chief of a state, prime minister or foreign affairs minister of any country enjoys absolute immunity,” Zappelli had said.

He, however, said that Pakistan”s National Accountability Bureau (NAB) had requested the Swiss government to reopen the cases, but the documents were not complete according to official requirements.

Zardari and his assassinated wife Benazir Bhutto , were convicted by a Geneva court in 2003 of laundering 13 million dollars linked to kickbacks, but that verdict was overturned on appeal. In 2008, Swiss judicial authorities said they had closed the file related to the case.

Zappelli had earlier said that Pakistan”s embassy in Switzerland had officially notified him in June 2008 of a decision by Pakistan”s prosecutor-general in April to withdraw proceedings against Zardari.

A trial for money laundering in Switzerland would have to be based on the proceedings of the criminal activity, but that would require proof that a crime had been committed, he had said. (ANI)

Corruption cases cannot be re-opened against Zardari : Swiss Prosecutor General

Islamabad, Apr.1 (ANI): Rejecting reports that Pakistan’s National Accountability Bureau (NAB) has asked the Swiss government to reopen corruption cases against President Asif Ali Zardari, Swiss Prosecutor General has said that the money laundering cases against Zardari could not be reopened as he enjoys immunity under country’s Constitution.

“Zardari cannot be prosecuted in Switzerland because Pakistan’s constitution grants him immunity as a head of state,” said Daniel Zappelli, who had decided to close the case in Switzerland against Zardari and former Prime Minister Benazir Bhutto, in August 2008.

Zappeli made it clear that Geneva cannot reopen cases against Zardari until Pakistani authorities remove the amnesty granted to the President.

“We could go further only if the competent authorities in Pakistan decide to lift the immunity of the head of state, which I do not know whether it is possible according to their constitution. If not, we can’t. Absolutely not,” The News quoted Zappeli, as saying.

Zardari and Benazir , were convicted by a Geneva court in 2003 of laundering 13 million dollars linked to kickbacks, but that verdict was overturned on appeal. In 2008, Swiss judicial authorities said they had closed the file related to the case.

Zappelli said that Pakistan’s embassy in Switzerland had officially notified him in June 2008 of a decision by Pakistan’s prosecutor-general in April to withdraw proceedings against Zardari.

A trial for money laundering in Switzerland would have to be based on the proceedings of the criminal activity, but that would require proof that a crime had been committed, he said.

“Immunity is the key question. We can’t prosecute Zardari while he has immunity unless Pakistan lifts that immunity. And if he doesn’t have immunity, why don’t they try him in Pakistan,” Zappelli questioned. (ANI)

Closed Rio trial violated Chinese law, scholar says

China’s decision to bar Australian diplomats from part of an Australian Rio Tinto executive’s trial was in violation of Chinese law as well as consular agreements, a prominent legal scholar said on Sunday.

Verdicts and sentences are due on Monday in the trial of Australian citizen Stern Hu and three Chinese colleagues on charges of bribery and stealing commercial secrets.

Their detention and trial have been watched closely because of foreign investors’ concerns about China’s legal system and because of the insight it provides into the Chinese steel industry, as well as the global iron ore trade.

China’s foreign ministry has said the court’s decision to bar Australian diplomats from the portion of the trial dealing with charges of infringing commercial secrets was in line with Chinese law. Australia has protested against the decision.

U.S. diplomats were barred entirely from a similar trial involving a Chinese-born American citizen, Xue Feng, who was detained in late 2007 on state secrets charges for brokering the sale of an oil database to a U.S.-based consultancy.

Xue was tried in a closed court in July 2009, but no verdict has been announced yet.

“The consular problem in Rio Tinto and in Xue’s case … is the refusal of the PRC to allow consular attendance at trial despite plain language making no exceptions for closed trials in both the Australian and U.S. consular conventions,” Jerome Cohen, a professor at the New York University School of Law, told Reuters on Sunday.

Cohen said a document issued by the Foreign Ministry and Chinese judicial authorities on June 20, 1995, “instructs the courts to allow foreign consular attendance at non-public trials, including criminal trials, whenever there is a provision for this in consular agreements, as there is in the Sino-Australian agreement”.

Few details of the commercial secrets proceedings have emerged from the Rio trial, which lasted for three days in Shanghai last week.

All four defendants pleaded guilty to accepting bribes, but contested the amounts alleged by prosecutors.

Leaked testimony alleged that the Rio employees accepted kickbacks, including from billionaire steel mogul Du Shuanghua, in return for allocations of cheaper term iron ore prices to steel mills desperate for raw materials.

The four were detained last year during sensitive annual iron ore price negotiations.

One defendant, Liu Caikui, also pleaded guilty to the commercial secrets charges.

The case seems to have had little impact on Rio’s operations in China, which became its biggest customer last year, accounting for a quarter of its sales.

Days before the trial began, Rio Tinto signed a $2.9 billion deal with Chinese metals group Chinalco to develop an African iron ore mine.

(Editing by Paul Tait)

Closed Rio trial violated Chinese law, scholar says

BEIJING, March 28 (Reuters) – China’s decision to bar Australian diplomats from part of an Australian Rio Tinto executive’s trial was in violation of Chinese law as well as consular agreements, a prominent legal scholar said on Sunday.

Verdicts and sentences are due on Monday in the trial of Australian citizen Stern Hu and three Chinese colleagues on charges of bribery and stealing commercial secrets.

Their detention and trial have been watched closely because of foreign investors’ concerns about China’s legal system and because of the insight it provides into the Chinese steel industry, as well as the global iron ore trade. [ID:nSGE62N0EO]

China’s foreign ministry has said the court’s decision to bar Australian diplomats from the portion of the trial dealing with charges of infringing commercial secrets was in line with Chinese law. Australia has protested against the decision.

U.S. diplomats were barred entirely from a similar trial involving a Chinese-born American citizen, Xue Feng, who was detained in late 2007 on state secrets charges for brokering the sale of an oil database to a U.S.-based consultancy.

Xue was tried in a closed court in July 2009, but no verdict has been announced yet. [ID:nPEK261678]

“The consular problem in Rio Tinto and in Xue’s case … is the refusal of the PRC to allow consular attendance at trial despite plain language making no exceptions for closed trials in both the Australian and U.S. consular conventions,” Jerome Cohen, a professor at the New York University School of Law, told Reuters on Sunday.

Cohen said a document issued by the Foreign Ministry and Chinese judicial authorities on June 20, 1995, “instructs the courts to allow foreign consular attendance at non-public trials, including criminal trials, whenever there is a provision for this in consular agreements, as there is in the Sino-Australian agreement”.

Few details of the commercial secrets proceedings have emerged from the Rio trial, which lasted for three days in Shanghai last week.

All four defendants pleaded guilty to accepting bribes, but contested the amounts alleged by prosecutors.

Leaked testimony alleged that the Rio employees accepted kickbacks, including from billionaire steel mogul Du Shuanghua, in return for allocations of cheaper term iron ore prices to steel mills desperate for raw materials.

The four were detained last year during sensitive annual iron ore price negotiations.

One defendant, Liu Caikui, also pleaded guilty to the commercial secrets charges.

The case seems to have had little impact on Rio’s operations in China, which became its biggest customer last year, accounting for a quarter of its sales.

Days before the trial began, Rio Tinto (RIO.AX)(RIO.L) signed a $2.9 billion deal with Chinese metals group Chinalco to develop an African iron ore mine [SGE62109U].

(Editing by Paul Tait)

First prisoner abuse death in Iran’s post-election turmoil

Tehran, Sep 1(ANI): If reports are to be believed it is being claimed that Mohsen Rouhalamini, the son of an adviser to defeated presidential candidate Mohsen Rezaei, is the first official confirmation of a prisoner abuse death following Iran’s post-election turmoil.

A medical examiner has confirmed the Rouhalamini died from beatings and poor prison conditions.

The claims have outraged many conservatives, as well as the pro-reform opposition that believes hard-line President Mahmoud Ahmadinejad stole the June election through massive vote fraud.

Police had initially suggested that Rouhalamini’s death while in custody was caused by meningitis, however, according to reports, a state forensic doctor has denied the suggestions in a report handed over to judicial authorities.

The report states that Rouhalamini died of “physical stress, the effects of being held in bad conditions, multiple blows and severe injuries to the body.”

Earlier, Iran’s hardliner regime had decided to prosecute 30 people arrested in the turbulent aftermath of the presidential election for offences against the State.

The defendants, who include former ministers in the 1997-2005 Khatami government, are accused of conspiring with foreign powers to organise unrest. (ANI)

Real Madrid woes continue as Barca bask in final

Madrid – The contrasting fortunes of Spanish twin giants Barcelona and Real Madrid could hardly have been clearer Wednesday.

While Barca were in Rome preparing for the Champions League final against holders Manchester United, Real were undergoing one of the most embarrassing episodes in the club’s proud 107-year history.

Barca have put Real in the shade throughout the season, and inflicted a humiliating 6-2 defeat on their old rivals in Madrid three weeks ago.

Josep Guardiola’s sumptuous side were trying to become the first Spanish team to pull off the “treble” of league, cup and Champions League – something that not even the legendary Real side of the 1950s managed to achieve.

Back in Madrid, in contrast, Real’s legal and political nightmare continued.

On Wednesday a unit of the Spanish judicial police entered the Estadio Bernabeu with a search warrant from judge Santiago Torres, in order to check the club’s accounting books for the last three years. It is now clear how long the search will last.

“This is a very sad day indeed for Real Madrid,” commented sports radio station Radio Marca.

The Marca website, meanwhile, pointed out that “this is the most drastic measure taken by the judicial authorities” since neighbours Atletico Madrid were subjected to judicial intervention in 1999, during the controversial presidency of Jesus Gil.

Judge Torres has been investigating former Real president Ramon Calderon, along with his friends and family, for three months now, after several groups of irate club members have filed civil lawsuits against him.

Torres last week subjected Calderon to an intense interrogation, which apparently focused on the club’s annual general assembly in December and on certain alleged financial irregularities.

Torres has not discounted pressing criminal charges against Calderon, who resigned as president in disgrace in January.

Wednesday’s dramatic events are really the culmination of a three-year political and legal nightmare for Real, which started in February 2006 when Florentino Perez surprisingly resigned as president after his expensive “Galactico” team had collapsed into lethargy and failure.

The July 2006 elections, called to find a successor to Perez, saw Calderon achieve a narrow victory, amid allegations of vote-buying and other irregularities. The lawsuits filed by the defeated candidates dragged on through the civil courts for two years, weakening Calderon’s legitimacy and reputation.

Real won two Spanish Liga titles during Calderon’s reign but, unlike Barcelona, failed to make any impact in the Champions League.

In January 2009 Marca revealed that Calderon had arranged for fake delegates to be sneaked into the club’s annual general assembly in December, in order to have his proposed budget and other measures passed.

Calderon at first tried to ride out the storm but finally resigned, as Marca hinted at other irregularities during his presidency.

He handed over power to close friend Vicente Boluda, who called elections for June 14.

However, these elections will probably not take place because the only candidate who has been able to provide bank guarantees for 15 per cent of the club’s budget – a prerequisite for all candidates, according to the club’s statutes – is Perez, who will therefore probably be re-installed as president next week.

Perez, a construction billionaire, says that he regrets resigning in 2006, and has promised to resolve Real’s financial and legal problems.

He has also promised to build a new “Galactico” team – Kaka, Cristiano Ronaldo, Franck Ribery, Xabi Alonso, David Silva and David Villa are rumoured to be on his wishlist – capable of ending Barca’s domestic domination. (dpa)

Amnesty accuses Austrian police of racist practices

Vienna – Austrian police and judicial authorities are plagued by “institutional racism” and treat people according to skin colour, the human rights watchdog Amnesty International concluded in a report presented on Thursday.

The problem was not only that 55 per cent of alleged victims of ill-treatment by police were foreigners or of foreign origin, according to the study.

A wider issue was racial profiling practiced by police, Heinz Patzelt, the head of Amnesty’s Austrian chapter, told reporters in Vienna.

Law enforcement officers were quick to suspect foreigners – especially people from African countries – and to treat them more violently during police operations, he suggested.

“The result is clear: That is racial discrimination,” Patzelt said.

In a recent case, Mike Brennan, a US black citizen, was allegedly mistreated and injured in February, as Vienna police mistook him for a drug dealer and wrestled him to the ground.

Last week, the case of an Austrian of Sudanese origin made the headlines, as it was revealed that the mentally disabled man was taken into police custody in Vienna in March and was almost sent back to Sudan because he was not able to identify himself.

Although the man’s parents had told police their 21-year-old son was missing, he spent eight days behind bars.

Besides these cases of maltreatment and profiling, Austrian authorities often do not properly deal with racist attacks, according to the study’s author John Dalhuisen.

“In such cases, people with dark skin colour do not receive the same service, the same protection as whites,” he said.

Amnesty did not compile statistics comparing Austria to other European countries, but Dalhuisen said that the problem did not only affect Austria.

Among the steps that should be taken to remedy the situation, the study recommended new legislation and procedures to deal with racist police officers.

The union of police officers reacted promptly, saying that subjecting police to stricter rules than those applying to all public servants was unnecessary and would amount to “discrimination of our colleagues.”

If no steps were taken, Dalhuisen said, migrants living in Austria would get the feeling that they are forced to live outside of the law’s boundaries.

“This sense of alienation surely does not help with integration and peaceful coexistence,” he said. (dpa)

Report says three players in Mafia game-fixing probe

Rome – Serie A footballers Franco Brienza and Salvatore Aronica and the retired Vincenzo Montalbano are under investigation for match-rigging while playing for lower-division Ascoli in 2003, Il Giornale di Sicilia newspaper reported Tuesday.

Police in Palermo could charge them with sports fraud in connection with an investigation on alleged ties between the Mafia and the local football club, the report said.

In the spring of 2003, the Mafia allegedly rigged Palermo’s game against Ascoli with the help of the three footballers as the Sicily club vied for promotion to the Serie A.

Marcello Trapani, a former attorney for a Mafia family now collaborating with police, said that Brienza, 30, now at Reggina, Napoli’s Aronica, 31, and Montalbano, 40, received 200,000 euros (271,000 dollars) for rigging the game, in which, however, they did not play.

Trapani appears to have heard of the scam from Rino Foschi, a former sports director of Palermo, now at Torino, who is also under investigation.

Palermo won the game 2-1 through a last-gasp goal, but the win was not enough to secure promotion, which they obtained a year later.

The three footballers face no charges from the sports judicial authorities due to the expiration of the statute of limitations. (dpa)