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Murderer freed after 'victim' found alive in China
Legal World News | 2010/05/10 10:32

A man imprisoned nearly 10 years for murder was freed after his alleged victim turned up alive, a case that raises concerns about police using torture to extract confessions.

The Higher People's Court in the central province of Henan pronounced Zhao Zuohai, 57, innocent, after the man he was accused of killing, Zhao Zhenshang, returned to their village April 30, the China Daily newspaper reported Monday.

An investigation was under way into the conviction, and Zhao Zuohai will receive about $45,000 in compensation for his wrongful imprisonment, the newspaper reported.

The incident raises concerns about police torture, which Zhao Zuohai's relatives say was used to force him to confess even though he was innocent. Torture is believed to be used widely by police and government officials who rely heavily on coerced confessions to prove criminal cases.

In 1997, Zhao Zhenshang, now 58, disappeared after having an argument with Zhao Zuohai, the report said, citing court documents. The two men are not related.

Zhao Zuohai was arrested in 1999 after a headless body believed to be Zhao Zhenshang was found, the China Daily said. After he went to prison, Zhao Zuohai's wife remarried and her new husband adopted his children.

Zhao Zuohai's relatives say he has scars after being tortured by police into confessing, the China Daily reported.



Main law firms' dominance paying off handsomely
Legal World News | 2010/05/10 08:42

BUSINESS OPINION: Ireland generates just 1% of European GDP, but is home to three of the 20 biggest law firms, writes JOHN McMANUS

HERE IS a provocative question. Are Arthur Cox and the other big Dublin law firms some sort of homegrown version of Goldman Sachs? Do their activities resonate with those of the Wall Street giant which was so famously described by Rolling Stone Magazine’s Matt Taibbi as a “great vampire squid wrapped around the face of humanity, relentlessly jamming its blood funnel into anything that smells like money?”

Well, the big firms certainly seem to share Goldman Sachs’ ability to be on both sides of a deal and not be overly troubled by conflicts of interest. Arthur Cox, it has to be remembered, felt able to advise the Minister for Finance last spring on how to restructure the banks while at the same time being the lawyers of Bank of Ireland and simultaneously working for the private-equity consortium that was engaging with the Government on investing in Bank of Ireland.

What they did was not illegal and something quite different to the allegations being made against Goldman Sachs by the US regulators, but the management of conflicts of interest is central to the criticism being levelled against both organisations.



French court refuses extradition of Iranian to US
Legal World News | 2010/05/05 10:52

A French court on Wednesday turned down a U.S. request for the extradition of an Iranian engineer who is accused of violating an export embargo by purchasing U.S. technology for military firms involved in Iran's nuclear program.

The United States says Majid Kakavand, 37, bought sensitive American electronics over the Internet and disguised that their final destination was Iran by routing them through Malaysia, where he had set up a front company.

Kakavand's case and several others have showcased how the United States is doggedly going after people accused of procuring technology or weapons for Iran's military, in many cases seeking help from foreign countries.

Yet the court's ruling shows that such cooperation is not simple. Kakavand's case has dragged on for 14 months since his arrest as officials tried to determine if his business dealings violated French law as well as U.S. law. The court could not hand him over merely for breaking U.S. laws that have no counterpart in France.

The case has sensitive diplomatic implications in three countries — especially in France, which has taken a tough stance on Iran's nuclear ambitions but nonetheless has business and oil interests there. Another source of diplomatic tension is the case of a young French academic in Iran who pleaded innocent to spying charges at a mass trial.



UK court rules bars secret evidence in Gitmo suit
Legal World News | 2010/05/04 08:54
A British court says the government will not be allowed to keep evidence secret from former Guantanamo prisoners who are suing the U.K. over its alleged complicity in their detention.

The seven former inmates allege that Britain was complicit in their alleged abuse in the U.S. military prison camp on the southwestern tip of Cuba, as well as elsewhere, and are seeking damages from the government.

Their civil suit has yet to come to trial, but the government won a preliminary victory last year by securing the right to keep selected pieces of information secret.

Lawyers for the men said Tuesday that a three-judge panel overturned that ruling because secret evidence violated the principle of open justice.

The government has not yet indicated whether it will appeal.



S. Korea: Former gov’t officials for law firm jobs
Legal World News | 2010/04/26 00:20

When the Gangwon provincial government was preparing a bid to host the Special Olympics Winter Games in 2013, the Special Olympics headquarters in Washington recommended it hire Seoul-based law firm Yulchon, known for expertise in the fields of culture and sports. One of Yulchon’s advisers is former Deputy Culture Minister Oh Jee-chul.

To win the bid, Oh contacted the Special Olympics headquarters directly and used his experience and personal connections in the United States to form a close relationship with the organization. In February, Gangwon’s Pyeongchang County was chosen to host the 2013 games.

Law firms in Korea are branching into consulting, and snapping up former government officials to bring them contacts and experience. And although the law prohibits officials from joining private industry in a similar field for two years after leaving service - to keep them from lobbying their former ministry or department - there’s no restriction on joining law firms.

Although recruiting former government officials isn’t entirely new for law firms, in the past they concentrated on key officials in the fields of economics, trade or industry. Today, they’re interested in non-economic fields, and want junior-level officials who worked on individual projects and issues.



ICC Prosecutor condemns Sudan noncooperation
Legal World News | 2010/04/22 08:44

The International Criminal Court prosecutor wants judges to report Sudan to the U.N. Security Council for refusing to hand over a government minister and a militia leader accused of atrocities in Darfur.

Luis Moreno Ocampo said in a written request to the court's judges publicized Thursday that Sudan is refusing to arrest Humanitarian Affairs Minister Ahmed Harun and Janjaweed militia leader Ali Kushayb.

The court ordered the men arrested in 2007 on 51 charges of crimes against humanity and war crimes.

It is unclear what effect — if any — the request will have on Sudanese President Omar al-Bashir. He also is wanted by the court for allegedly ordering atrocities in Darfur and has repeatedly refused any cooperation.

Moreno Ocampo said that Al-Bashir's regime "continues to commit crimes, promotes and protects the persons sought by the Court, and harasses all persons who are considered to be in favor of justice."



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