Brazil's top court rules against da Silva on prison

Agencies
April 5, 2018

Rio De Janeiro, Apr 5: A sharply divided top court voted early Thursday to reject an attempt by former Brazilian President Luiz Inacio da Silva to stay out of jail while he appeals a corruption conviction, delivering a hard blow to the front-running candidate in this year's presidential election in Latin America's largest nation.

After nearly 11 hours of often heated debate, the Supreme Federal Tribunal voted 6-5 to deny da Silva's request to stave off a 12-year prison sentence while he fights a conviction that he has always argued was nothing more than a ploy to keep him off of the October ballot.

Despite the conviction and several other corruption charges against him, da Silva leads all preference polls for the election.

The decision means that da Silva will likely be jailed soon, though probably not until at least next week thanks to various technicalities.

Chief Justice Carmen Lucia, who was sharply criticized during the session by various colleagues, cast the deciding vote after the court was tied at 5 to 5.

"The constitution secures individual rights, which are fundamental to democracy, but it also assures the exercise of criminal law," she said.

The debate at the Supreme Federal Tribunal underscored how fraught the matter is at a time of high tension and angst in Brazil.

Justice Gilmar Mendes, traditionally a critic of da Silva, voted in favor of da Silva's petition to stay out of jail, challenging his colleagues to buck pressure from society.

"If a court bows (to pressure), it might as well not exist," said Mendes.

Justice Luis Roberto Barroso argued that the integrity of the justice system was at stake.

"A penal system that doesn't work with minimal effectiveness leads to an instinct for taking justice into one's own hands," Barroso said in voting against da Silva.

Justice Rosa Weber, who legal analysts had said could be key because there was much doubt about her position on the matter, voted against da Silva.

In one of several brisk exchanges, after Weber's vote, justice Marco Aurelio Mello accused Lucia of plotting against da Silva's case. Mello said limiting the vote just to the habeas corpus petition and not the larger question of when a convicted person should be forced to begin serving a sentence helped sway Weber's vote.

"I want this to be registered in the court's records," Mello told Lucia, who responded by saying "yes" to the request.

The session reflected the debate happening across Brazil as millions tuned into the televised session. When the decision was delivered, fireworks and yells could be heard and seen in Rio de Janeiro and Sao Paulo, two of the nation's most important cities.

On the eve of the session that began Wednesday afternoon, the country's army commander raised eyebrows and was widely celebrated and condemned online with tweets subtly supporting da Silva's incarceration.

Gen. Eduardo Villas Boas posted two tweets Tuesday night that many interpreted as a form of pressure on the 11 justices on the Supreme Federal Tribunal and a veiled threat of intervention. Such concerns are taken seriously in a country that experienced a 1964-1985 military dictatorship.

"In Brazil's current situation, it's worth asking our institutions and the people who is really thinking about what is best for the country and future generations, and who is only worried about their personal interests?" the general wrote in one tweet.

In a second tweet, Boas wrote that he shared people's anxiousness and "repudiated impunity."

O Globo, one of the country's leading newspapers, criticized the comments, saying in an editorial that a military chief should "not be opining over judicial and political questions."

In a statement to O Globo, Gen. Joaquim Silva e Luna, the defense minister, said Boas' intention was to assure people that force would not be used.

Da Silva, who was once wildly popular after his two terms as president from 2003 to 2010, has become a polarizing figure amid a massive corruption scandal that has roiled Brazil the last several years and made average citizens furious with the political class.

Da Silva was convicted last year of helping a construction company get sweetheart contracts in exchange for the promise of a beachfront apartment. The conviction was handed down by Judge Sergio Moro, who is presiding over cases involving the mammoth "Car Wash" investigation.

The former president suffered another blow in January, when an appeals court upheld the conviction. The three reviewing magistrates even lengthened the sentence to 12 years and one month.

While da Silva, known simply as "Lula" to Brazilians, has further appeals available, he could be forced under Brazilian law to begin serving his sentence, which Moro and the other judges have ordered.

Da Silva's lawyers argued their client has a constitutional right to stay out of jail until all appeals are exhausted.

In an unrelated case in 2016, the Supreme Federal Tribunal disagreed with that logic, ruling that a convict could start serving a sentence after a first appeal was denied.

Throughout all the legal battles, da Silva has been campaigning nationwide, criticizing detractors and promising not to give up. Last week, while campaigning in the southern state of Parana, where Moro convicted him, two buses in his caravan where hit with bullets. Nobody was hurt.

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News Network
June 16,2020

Seoul, Jun 16: North Korea blew up an inter-Korean liaison office on its side of the border on Tuesday, the South's Unification Ministry said, after days of increasingly virulent rhetoric from Pyongyang.

"North Korea blows up Kaesong Liaison Office at 14:49," the ministry, which handles inter-Korean relations, said in a one-line alert sent to reporters.

The statement came minutes after an explosion was heard and smoke seen rising from the long-shuttered joint industrial zone in Kaesong where the liaison office was located, Yonhap news agency reported citing unspecified sources.

Its destruction came after Kim Yo Jong, the powerful sister of North Korean leader Kim Jong Un, said at the weekend: "Before long, a tragic scene of the useless north-south joint liaison office completely collapsed would be seen."

Since early June, North Korea has issued a series of vitriolic condemnations of the South over activists sending anti-Pyongyang leaflets over the border -- something defectors do on a regular basis.

Last week it announced it was severing all official communication links with South Korea.

The leaflets -- usually attached to hot air balloons or floated in bottles -- criticise North Korean leader Kim Jong Un for human rights abuses and his nuclear ambitions.

Analysts say Pyongyang may be seeking to manufacture a crisis to increase pressure on Seoul while nuclear negotiations with Washington are at a standstill.

Earlier Tuesday, North Korea's army said it was "fully ready" to take action against the South, included re-entering areas that had been demilitarised under an inter-Korean agreement.

"North Korea is frustrated that the South has failed to offer an alternative plan to revive the US-North talks, let alone create a right atmosphere for the revival," said Cheong Seong-chang, a director of the Sejong Institute's Center for North Korean Studies.

"It has concluded the South has failed as a mediator in the process."

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News Network
May 5,2020

May 5: Global coronavirus deaths reached 250,000 on Monday after recorded infections topped 3.5 million, a news agency tally of official government data showed, although the rate of fatalities has slowed.

North America and European countries accounted for most of the new deaths and cases reported in recent days, but numbers were rising from smaller bases in Latin America, Africa and Russia.

Globally, there were 3,062 new deaths and 61,923 new cases over the past 24 hours, taking total cases to 3.58 million.

That easily exceeds the estimated 140,000 deaths worldwide in 2018 caused by measles, and compares with around 3 million to 5 million cases of severe illness caused annually by seasonal influenza, according to the World Health Organization (WHO).

While the current trajectory of COVID-19 falls far short of the 1918 Spanish flu, which infected an estimated 500 million people, killing at least 10% of patients, experts worry the available data is underplaying the true impact of the pandemic.

The concerns come as several countries begin to ease strict lockdowns that have been credited with helping contain the spread of the virus.

"We could easily have a second or a third wave because a lot of places aren't immune," Peter Collignon, an infectious diseases physician and microbiologist at Canberra Hospital, told Reuters. He noted the world was well short of herd immunity, which requires around 60% of the population to have recovered from the disease.

The first death linked to COVID-19 was reported on Jan. 10 in Wuhan, China after the coronavirus first emerged there in December. Global fatalities grew at a rate of 1-2% in recent days, down from 14% on March 21, according to the Reuters data.

DEATH RATE ANOMALIES

Mortality rates from recorded infections vary greatly from country to country.

Collignon said any country with a mortality rate of more than 2% almost certainly had underreported case numbers. Health experts fear those ratios could worsen in regions and countries less prepared to deal with the health crisis.

"If your mortality rate is higher than 2%, you've missed a lot of cases," he said, noting that countries overwhelmed by the outbreak were less likely to conduct testing in the community and record deaths outside of hospitals.

In the United States, around half the country's state governors partially reopened their economies over the weekend, while others, including New York Governor Andrew Cuomo, declared the move was premature.

In Britain, Prime Minister Boris Johnson, who battled COVID-19 last month, has said the country was over the peak but it was still too early to relax lockdown measures.

Even in countries where the suppression of the disease has been considered successful, such as Australia and New Zealand which have recorded low daily rates of new infections for weeks, officials have been cautious.

Australian Prime Minister Scott Morrison has predicated a full lifting of curbs on widespread public adoption of a mobile phone tracking app and increased testing levels.

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News Network
February 16,2020

Munich, Feb 16: Iran's foreign minister said Saturday that US President Donald Trump is receiving bad advice if he believes an American "maximum pressure" campaign against his country will cause the government in Tehran to collapse.

Foreign Minister Mohammad Javad Zarif told a group of top defense officials and diplomats at the Munich Security Conference that the information provided to the president has dissuaded Trump from accepting offers from other leaders to mediate between Washington and Tehran.

"President Trump has been convinced that we are about to collapse so he doesn't want to talk to a collapsing regime," Zarif said.

To support his argument, the Iranian minister cited Trump's decision to pull out unilaterally in 2018 from Iran's nuclear deal with the US and other world powers. Trump said the landmark 2015 accord didn't address Iran's ballistic missile program or regional activities and needed to be renegotiated.

Since then, the Trump administration's re-imposition of US sanctions in a campaign of so-called "maximum pressure" have taken a severe toll on the Iranian economy and sent Iran's currency plunging.

"I believe President Trump, unfortunately, does not have good advisers," Zarif said. "He's been wanting for Iran to collapse since he withdrew from the nuclear deal." Zarif also said the killing of Iranian Gen. Qassem Soleimani in a US drone strike in Iraq on January 3 was a miscalculation by Washington that has galvanized support for Iran instead of increasing pressure on the regime.

The Iran nuclear deal, known as the Joint Comprehensive Plan of Action or JCPOA, promised Iran economic incentives in exchange for curbs on its nuclear program. It was intended to prevent Tehran from developing a nuclear bomb, which Iran insists it does not want to do.

Since the US withdrawal, the deal's other signatories - Germany, France, Britain, Russia and China - have unsuccessfully struggled to come up with ways to offset the effects of the new American sanctions.

Washington has pressured the other countries - so far without success - to abandon the deal entirely US Secretary of State Mike Pompeo said at the Munich Security Conference earlier Saturday that while there may be disagreements on what to do with the JCPOA, "when I talk to my counterparts here in Europe, everybody gets it."

"Everyone understands that these are folks who continue to build out their nuclear program," Pompeo said. "So there's a common understanding about the threat; we have tactical differences on how to proceed."

In recent months, Iran has steadily violated the limitations the deal placed on the amount of enriched uranium and heavy water it can stockpile, the number and type of centrifuges it can operate, and the purity of the uranium it enriches.

Iranian officials insist the moves are intended only to put pressure on the countries that remain part of the deal to provide economic help to Iran and that all the measures taken are fully reversible.

Zarif rejected Trump's suggestion of negotiating a new deal, saying the one negotiated during the Obama administration was the only vehicle for talks on Iran's nuclear program.

"There is no point in talking over something you already talked about. You don't buy a horse twice," he said.

"It's not about opening talks with the United States. It's about bringing the United States to the negotiating table that's already there," Zarif said.

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