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WADA faces court challenge in Belgium
Legal World News |
2009/01/27 19:11
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A group of Belgian athletes is challenging the rule requiring athletes to notify drug testers of their whereabouts, contending it violates privacy.
If the case is successful in Belgium, it could undermine the work of the World Anti-Doping Agency and be used as a precedent to contest the ruling in other courts around the world.
Lawyer Kristof De Saedeleer represents a group of 65 soccer and volleyball players and cyclists. He has filed the case with Belgium's Council of State high court, which could take up to six months to rule. Athletes are obligated to give their whereabouts up to three months in advance. Out-of-competition tests are essential in catching cheats since many illegal substances can become untraceable by the time competition starts. To perform such tests, WADA needs to know at all times where and when athletes can be traced. Under the latest WADA code, athletes must specify one hour each day where they can be located for testing. "It gives WADA a pass to invade the privacy of athletes," De Saedeleer said by telephone Tuesday. Three missed tests or three warnings for failing to file such information within an 18-month period constitute a doping violation and can lead to a ban. The Belgian challenge cites privacy provisions within the Belgian constitution and the European Convention on Human Rights and Fundamental Freedoms of the Council of Europe. Although the athletes stress they do not object to out-of-competition doping, they claim the system is far too invasive, forcing them even to pinpoint when they go to the movies. |
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Israeli court orders Gaza open to foreign media
Legal World News |
2009/01/25 16:08
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Israel's Supreme Court on Sunday ordered its government to allow free access to Gaza for foreign correspondents, rejecting a ban imposed even before the recent Israeli offensive there. The ruling says the Israeli government must allow access to reporters whenever the borders are otherwise open. The court said it assumed the crossings would be closed "only in dire circumstances of concrete danger." The Foreign Press Association, representing reporters based in Israel and the Palestinian areas, had appealed to overturn the ban. The ruling "reinforces the protection of freedom of the press and the freedom of movement as fundamental rights that could be restricted only under extreme circumstances," said Gilead Sher, attorney for the organization. Since the offensive ended, Israel has restored access to Gaza for reporters. The ruling would apply to future conflicts, Sher said. Israel imposed restrictions on entry to Gaza in early November as a cease-fire with Gaza's Hamas rulers began to fray. It tightened the rules after launching a military offensive Dec. 27 and ignored a Supreme Court order six days later to allow limited access to international reporters. Though the ban was instituted well before heavy fighting began, the government argued the security situation made it unsafe for journalists to visit. |
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Chinese man gets death sentence in milk scandal
Legal World News |
2009/01/22 11:36
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A Chinese court has handed down a death penalty to a man convicted of endangering public safety in the first sentencing connected with a contaminated milk scandal that shocked the country.
The Intermediate People's Court in Shijiazhuang gave the death sentence to Zhang Yujun. He was convicted of running a workshop that was allegedly China's largest source of melamine, the substance responsible for the health crisis.
A court spokesman said a second man, Zhang Yanzhang, was given a life sentence, also for endangering public safety. The court is expected to hand down a sentence later Thursday for Tian Wenhua, the general manager of the dairy company at the heart of the scandal. THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below. SHIJIAZHUANG, China (AP) — A Chinese court has handed down a death penalty to a man convicted of endangering public safety in the first sentencing connected with a contaminated milk scandal that shocked the country. The Intermediate People's Court in Shijiazhuang gave the death sentence to Zhang Yujun. He was convicted of running a workshop that was allegedly China's largest source of melamine, the substance responsible for the health crisis. A court spokesman said a second man, Zhang Yanzhang, was given a life sentence, also for endangering public safety. The court is expected to hand down a sentence later Thursday for Tian Wenhua, the general manager of the dairy company at the heart of the scandal. |
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Worldwide hopes soar for Obama inauguration
Legal World News |
2009/01/20 16:39
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A world made weary by war, recession, joblessness and fear shed its collective burden Tuesday to celebrate the arrival of a new American president. Bulls and goats were slaughtered for feasts in Kenya and caterers prepared for black-tie balls in the capitals of Europe. From Kenya and Indonesia, where Barack Obama has family ties, to areas around the world, Obama represented a volcanic explosion of hope for better days ahead. The ascendance of the first African-American to the presidency of the United States was heralded as marking a new era of tolerance and possibility. It was a reflection of Obama's sprawling, complex family tree that villages in places as diverse as Ireland and Kenya held special parties to celebrate their link to the new president. An Irish village called Moneygall covered itself in red, white and blue bunting Tuesday in honor of Obama's connections, via a great-great-great grandfather named Fulmouth Kearney who emigrated to the United States in 1850. Road signs read "Moneygall welcomes our President, Barack Obama." |
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EU Court: illness no reason to deny paid leave
Legal World News |
2009/01/19 16:36
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The EU high court Tuesday voided German and British labor rules that deny paid annual leave to sick workers. Workers in the 27-nation European Union cannot lose the right to a paid vacation just because they are ill, the European Court of Justice ruled. Its ruling clarified the meaning of the EU labor legislation at the request of a German and a British court hearing cases of workers denied paid leave due to illness. The EU's Working Time Directive requires governments to ensure national paid vacation rules do not end up eroding the right to paid leave, the EU court said. It said that right cannot evaporate because of illness and workers must be able to take a paid leave in another period. The ruling immediately drew criticism. Letting workers accrue paid vacation benefits while on sick leave "will have serious and practical" problems for employers, said Tim Marshall, a partner and head of employment at DLA Piper LLP in London, one of the world's largest law firms, which represents many multinational corporations. "In these difficult times further constraints could prove too much for some employers," he added. |
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SKorean court denies bail to jailed blogger
Legal World News |
2009/01/16 17:19
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A popular South Korean blogger arrested on accusations of posting false economic information on the Internet has been denied bail, his lawyer said Friday.
The 31-year-old blogger, who went by the handle "Minerva" after the Greek goddess of wisdom, rocketed to fame in South Korea for his startlingly accurate predictions about the economy, including the collapse of Lehman Brothers.
But prosecutors said he went too far in saying on an online discussion site that the government had banned major financial institutions and trade businesses from purchasing U.S. dollars in an apparent move to shore up the local currency, calling it inaccurate information that disrupted the foreign exchange market. His arrest last week ignited a debate about freedom of speech in cyberspace in South Korea, one of the world's most wired and tech-savvy nations. Prosecutors have extended the detention period for the blogger, identified in court documents as Park Dae-sung, for further questioning and plan to indict him next week, Yonhap news agency reported, citing an unidentified prosecution official. Prosecutors were not immediately available for comment late Friday. In some 100 postings on bulletin boards on a popular Internet portal last year, "Minerva" denounced the government's handling of the economy and made predictions, largely negative, for the future. His writings were sprinkled with jargon that suggested he was an economic expert, and his identity was a hot topic of discussion in South Korea. Prosecutors say the suspect is actually an unemployed Seoul resident who studied economics on his own after graduating from a vocational high school and junior college with a major in information and communication. Judge Hou Man of Seoul Central District Court ruled Thursday that the suspect must remain in custody, saying he was a risk for fleeing or destroying evidence, defense lawyer Park Chan-jong said. The lawyer said the blogger did not intend to harm the public. If convicted of spreading false information, he faces up to five years in prison or a fine of up to 50 million won ($36,360). |
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