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 Legal news from Saturday, November 07, 2009 |
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Saturday, November 07, 2009 |
Italy will not remove crucifix from public display: Berlusconi
Ximena Marinero at 3:37 PM ET
[JURIST] Italian Prime Minister Silvio Berlusconi said Friday that Italy is not bound by last week's European Court of Human Rights (EHCR) [official website] ruling [judgment, in French; JURIST report] that displaying crucifixes in a public school classroom violates the European Convention on Human Rights [text, PDF]. Berlusconi's remarks were made on the same day that the Council of Ministers gave its approval [press release, in Italian] to appeal the decision. Berlusconi went so far as to say [Corriere della Sera report, in Italian] that even if Italy loses its appeal of Lautsi v. Italy, he considers it to be disrespectful and Italy would not be coerced into upholding it. The actual decision recognizes a violation of Article 2 of Protocol I and Article 9 of the rights convention and mandates that Italy must pay 5000 euros to the complainant Lautsi for moral damages. The decision is not explicit about any measure Italy must take in regards to crucifixes in public places. There has been widespread public outcry [Il Giornale report, in Italian] in Italy over the decision from across the political spectrum, and responses have included suggestions of holding a referendum on the subject.
Tension between secularism and religious values continues to drive the controversy behind display of religious symbols across Europe. In Spain, the subject of crucifixes in public schools continues to be controversial [El Pais report, in Spanish] with the government abstaining from mandating their removal and local court decisions mandating their removal. In March, Bulgaria approved [IslamOnline report] a law to ban religious symbols in schools, including clothing items like the hijab. In 2004, France banned religious clothing and symbols in public schools [JURIST report]. A German court has upheld a similar ban [JURIST report].
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FBI charges 14 more in Galleon Group insider trading scandal
Andrew Morgan at 1:23 PM ET
[JURIST] Federal authorities have filed charges [press release] against 14 people in connection with insider trading at the hedge fund company Galleon Group [corporate website], weeks after the arrest [JURIST report] of the company's founder. An investigation by the FBI allegedly revealed more than $20 million in illegal profits and led to criminal charges [charging documents] against hedge fund managers, analysts, and lawyers involved in the scheme. The Securities and Exchange Commission (SEC) [official website] also filed civil charges [complaint, PDF] against 13 individuals and companies alleging more than $33 million in illicit gains related to Galleon Group. Manhattan US Attorney Preet Bharara [official website] said that the charges showed the government's focus on white collar prosecution.
When we announced our first arrests three weeks ago, I said this case should be a wake-up call for Wall Street. Today the alarm bells have only grown louder. Over the last three weeks, we have charged 20 defendants with more than $40 million worth of alleged insider trading, and our investigation is ongoing. When criminal activity is your business model, business as usual has to stop.
Bharara and FBI Assistant Director Joseph Demarest [official profile] said that the investigation made use of wiretapping techniques, including "court-authorized pen register and telephone toll records, consensually-recorded conversations between cooperating sources and others, and court-authorized wire taps on various telephones." Speaking at a panel discussion held by the Practising Law Institute [corporate website], Assistant Attorney General Lanny Breuer [official profile] said Friday that the use of wiretaps was vital to a renewed focus [Reuters report] at the Department of Justice (DOJ) [official website] on the prosecution of white collar crime.
In July, the SEC promised to increase oversight [JURIST report] and enforcement of securities laws to better protect investors. The policy reforms come in the wake of recent fraud litigation. In June, financier Bernard Madoff [JURIST news archive] was sentenced to 150 years in prison [JURIST report] on securities fraud charges [complaint, PDF; JURIST report] stemming from his multi-billion dollar Ponzi scheme. Billionaire financier Allen Stanford [BBC report] pleaded not guilty [JURIST report] in June to 21 charges [indictment, PDF; JURIST report] of fraud, conspiracy, and obstruction related to a $7 billion fraud scheme. Former HealthSouth CEO Richard Scrushy [defense website; JURIST news archive] was ordered [JURIST report] to pay $2.88 billion to shareholders after being found guilty of fraud for inflating company profits, insider trading, and other charges.
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Taiwan high court rules prostitution law unconstitutional
Ximena Marinero at 1:16 PM ET
[JURIST] The Constitutional Court [official website] of Taiwan ruled Friday that a law penalizing prostitutes and not their clients is unconstitutional because it undermines equality under the country's constitution [text]. The Social Order and Maintenance Act will have to be amended to meet constitutional fairness requirements, but will remain in effect two years from the date of the decision. Taiwan is currently reevaluating [Reuters report] treatment of prostitution under the laws of the island, and perhaps including such measures as establishing zones in which prostitution would be legal.
Taiwan regulated [Kyodo report] prostitution until 1997, when it was banned following an initiative by then-Taipei mayor Chen Shui-bian [BBC profile; JURIST news archive]. The system that allowed licensed prostitutes to continue to work while they transitioned to different occupations was only phased out in 2001.
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HRW claims Iran police sexually assaulted detainees held after election protests
Andrew Morgan at 12:42 PM ET
[JURIST] Iranian officials covered up the sexual assault of detainees held after the disputed June 12 presidential election [JURIST news archive], Human Rights Watch (HRW) [advocacy website] said Friday. HRW documented [AP report] the rape and sexual assault of three protesters at the hands of Iranian security personnel, including one case which was accompanied by a medical examiner's report. HRW claims that officials at the Tehran hospital that treated a 27-year-old activist for injuries suffered while in custody, including those indicative of forced sexual contact, tried to destroy the physician's report. The allegations of detainee mistreatment came days after the arrest of 109 [Reuters report] supporters of opposition candidate Mir Hossein Mousavi [BBC profile; JURIST news archive] during clashes with police [PBS report] at rallies held to mark the 30th anniversary of the seizure of the US embassy in Tehran.
In September, an Iranian judicial panel rejected [JURIST report] similar allegations of detainee assault brought by pro-reform presidential candidate Mehdi Karroubi [NYT profile] and called for the arrest of those spreading false allegations. In August, Iranian President Mahmoud Ahmadinejad [BBC profile; JURIST news archive] called for the prosecution of opposition leaders [JURIST report] who allegedly conspired to orchestrate widespread protests after the presidential election. Human rights groups have accused [JURIST report] the Iranian government of using the protests to "engage in what appears to be a major purge of reform-oriented individuals."
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