Romanian government seeks loophole on corruption

February 7, 2017

Bucharest, Feb 7: Romania's government is on a high-risk mission: devise a legal and politically acceptable way to remove penalties for some types of official corruption.

Romanian

First, the government tried to effect the change by imposing an emergency decree without public debate. The move backfired badly, sparking massive demonstrations in the capital of Bucharest and other major cities that caused the government to reverse course.

The standing of the left-leaning government that assumed power two months ago has fallen so quickly that leaders found it necessary Monday to assert they would not resign even as the protests continued. The prime minister says a new proposal will be put before Parliament instead.

Is there a legal and political path for the government to accomplish its goal of easing corruption rules for public officials? Experts say Parliament can indeed pass such a law, and it could take effect if the president signs it, but the political task of winning support is trickier.

Laura Stefan, a Romanian anti-corruption specialist with the Expert Forum public policy think tank in Bucharest, said the government made a strategic blunder with the emergency decree. It would have tolerated abuse of power by officials, ranging from a mayor in a small village to a top government minister, if the amount of graft involved totaled less than about $48,500.

"It's simply un-defendable," Stefan said. "How can you explain to the people of this country, who maybe don't make $50,000 in their lifetime, that it is okay for public officials to misuse their office in order to obtain less than $50,000 from the state budget."

Public officials have not offered a specific explanation for why the law is needed, although one minister said it would bring the country in line with other European nations. The decree also would have applied retroactively to officials already convicted of corruption offenses involving less than $48,500.

The threshold figure would not have applied to case in which money was stolen, which would still be prosecuted as theft, but could apply to mismanagement of public funds, kickbacks on purchases or contracts, or other types of official misconduct. It would apply to officials who have hidden interests in companies that they set up and then make purchases from while in office.

One possible beneficiary would be Social Democratic Party leader Social Democratic Party leader Liviu Dragnea, whose path to becoming prime minister has been effectively blocked by corruption charges. His party enjoys broad support in Parliament, giving backers hope the redrafted measure will pass despite vocal opposition in the streets.

The provocative proposal could be difficult to enact even if it passes in Parliament, however, because it would still require the approval of President Klaus Iohannis, who has expressed opposition to the measure in its current form.

Transparency International, which lobbies for greater openness in government, has opposed both the way in which the emergency measure was imposed without public scrutiny and the proposal now set to be debated in Parliament.

Adam Foldes, one of the group's international lawyers at its Berlin headquarters, said the proposal does not meet international conventions set out by the United Nations and the Organization for Economic Cooperation and Development that call for corruption penalties to be "proportionate, effective, and a deterrent."

"It doesn't look good from an international perspective or a domestic legal perspective," Foldes said, adding that the original proposal cost the relatively new government a substantial amount of public support and should have been put before elected representatives all along.

Many protesters say they plan to continue nightly demonstrations until the government steps down even though the emergency ordinance was withdrawn on Sunday.

Lawyer Nicholas Hammond, who practices in Romania, said the procedure for approving emergency decrees was put in place after the country's 1989 anti-communist revolution to deal with critical situations that developed when Parliament was not in session.

However, it soon was abused by officials seeking to act without input from legislators, he said.

"They realized they could do it even when Parliament was in session," Hammond said. "This wasn't even on the agenda and it was done at 10 at night."

There were signs Monday that the government, facing nightly protests, is wavering in its commitment to press for quick adoption of the proposal in Parliament.

Justice Minister Florin Iordache said in a statement Monday that he is "not preoccupied" with drawing up a draft law and will await clarification from the Constitutional Court.

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News Network
February 18,2020

Beijing, Feb 18: Police in China have arrested a prominent activist who had been a fugitive for weeks and criticised President Xi Jinping's handling of the coronavirus epidemic while in hiding, a rights group said Tuesday.

Anti-corruption activist Xu Zhiyong was arrested on Saturday after being on the run since December, according to Amnesty International.

China's ruling Communist Party has severely curtailed civil liberties since Xi took power in 2012, rounding up rights lawyers, labour activists and even Marxist students.

The death this month of a whistleblowing doctor who was reprimanded by police for raising the alarm about the deadly new virus before dying of it himself triggered rare calls for political reform and freedom of speech.

The "Chinese government's battle against the coronavirus has in no way diverted it from its ongoing general campaign to crush all dissenting voices," said Patrick Poon, China researcher at Amnesty International, in an emailed statement.

Another source, who spoke to news agency on the condition of anonymity, said Xu had been arrested in the southern city of Guangzhou.

Guangzhou police did not respond to requests for comment.

Xu went into hiding after authorities broke up a December gathering of intellectuals discussing political reform in the eastern coastal city of Xiamen in Fujian province, prior to the coronavirus crisis.

Over a dozen lawyers and activists were detained or disappeared after the Xiamen gathering, according to rights groups -- and Xu's detention appears linked to his presence at the meeting, explained Poon.

But while on the run, Xu continued to post information on Twitter about rights issues.

On February 4 Xu released an article calling on Xi to step down and criticised his leadership across a range of issues including the US-China trade war, Hong Kong's pro-democracy protests and the coronavirus epidemic, which has now killed nearly 1,900 people.

"Medical supplies are tight, hospitals are filled with patients, and a large number of infected people have no way to be diagnosed," he wrote. "It's a mess."

"The coronavirus outbreak shows just how important values like freedom of expression and transparency are -- the exact values that Xu has long advocated," Yaqiu Wang, China researcher at Human Rights Watch, told news agency.

But the disappearance of Xu illustrates how the Chinese state "persists in its old ways" by "silencing its critics", she said.

Xu -- who founded a movement calling for greater transparency among high-ranking officials -- previously served a four-year prison sentence from 2013 to 2017 for organising an "illegal gathering".

"That he was a fugitive for so many days while continuing to speak out, that in itself was... a kind of challenge to (Chinese authorities)," said Hua Ze, a long-time friend of Xu who told AFP she lost contact with the Chinese activist on Saturday morning.

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News Network
February 9,2020

Nakhon Ratchasima, Feb 9: The Thai soldier who killed at least 20 people and holed up in a mall overnight was shot dead Sunday morning by commandos, ending a near-17-hour ordeal which left dozens wounded and stunned the country.

It was unclear how many people remained trapped inside the Terminal 21 mall in Nakhon Ratchasima -- also known as Korat -- where the gunman held out through the night, armed with assault weapons stolen from his barracks.

Volleys of gunfire rang out as the siege ran into dawn, hours after Thai security services stormed the ground floor and freed scores of stunned, terrified shoppers from a bloody rampage that the gunman -- a junior army officer identified as Sergeant-Major Jakrapanth Thomma -- had relayed via Facebook posts.

"He was shot dead thirty minutes ago" (0200 GMT), chief of the Crime Suppression Division Jirabhob Bhuridej told AFP.

Commandos from elite Thai police units killed the gunman, a police spokesman added, after an operation involving hundreds of security personnel.

"The official death toll is 20 and wounded 42... nine are in surgery," Narinrat Pitchayakamin, a Korat doctor told reporters, revising down an initial death toll of 21.

But it was unclear if there were more victims inside the multi-level complex which was packed with Saturday shoppers when the gunman stormed in.

A fleet of ambulances left the front of the complex and forensic police poured into the grim crime scene, shortly before the gunman's death was confirmed.

The night was peppered with heavy exchanges of gunfire and sporadic evacuations.

A police officer who took part in a raid to flush out the gunman died, according to deputy prime minister Anutin Charnvirakul. "He had been hit and unfortunately, he couldn't make it," said Anutin.

Shocked evacuees recounted how an ordinary Saturday shopping day at the busy mall descended into horror as the gunman entered.

"It was like a dream... I'm grateful I survived," Sottiyanee Unchalee, 48, told AFP, explaining she hid in the toilet of a gym inside the mall as she heard the gunfire.

"I'm so sorry for those who died... (and) the people still trapped inside."

Stolen weapons

Jakrapanth relayed his shooting spree through Facebook posts which charted the attack from the army barracks in the city to the mall, where an unknown number of shoppers remained trapped.

A volunteer rescue worker recounted a bloody scene of horror after his team carried four corpses to the hospital.

"I've never seen anything like this," Peerapong Chatadee told AFP.

"I just feel so sad. He is a soldier, he should not have fired at unarmed people."

The bloodshed began Saturday afternoon when Jakrapanth shot three people -- among them at least one soldier -- at a senior officer's house and then at the nearby army barracks, before driving an army vehicle to the town centre.

There the gunman used weapons stolen from the military arsenal to unleash carnage in the town centre.

He "used a machine gun and shot innocent victims resulting in many injured and dead", said police spokesman Krissana Pattanacharoen.

Throughout the day, Jakrapanth posted images of himself and wrote several posts on his Facebook page as the attack unfolded.

In one Facebook video -- since deleted -- the assailant, wearing an army helmet, filmed from an open-top jeep, saying, "I'm tired... I can't pull my finger anymore" as he made a trigger symbol with his hand.

There were also photos of a man in a ski mask holding up a pistol.

A Facebook spokesperson said: "We have removed the gunman's accounts from our services and will work around the clock to remove any violating content related to this attack as soon as we become aware of it."

The city is home to one of the largest barracks in Thailand, a country where the military is enmeshed in politics and society.

The nation also has one of the highest rates of gun ownership in the world, and several shootings at courthouses last year renewed concern about gun violence.

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News Network
June 24,2020

Washington, Jun 24: An Indian restaurant in the Sante Fe City of New Mexico, owned by a Sikh, was broken into and vandalised with hate messages scrawled on its walls, a media report said Tuesday.

The damage caused to India Palace restaurant is estimated to be worth USD 100,000, local Santa Fe Reporter said adding that the vandalisation is being investigated by local police and the FBI.

Sikh American Legal Defense and Education Fund (SALDEF) has condemned the incident.

"This kind of hate and violence is unacceptable and swift action must be taken to ensure the safety and security of all Americans," said Kiran Kaur Gill SALDEF executive director.

According to the local daily, tables were overturned, glassware was smashed into piles on the floor, wine racks were emptied, a statue of a goddess was beheaded and computers were stolen.

The vandals also turned over and destroyed food warmers while the front desk area was devastated, plates smashed and the kitchen rendered completely unusable, it said.

"I walked into the kitchen, I saw everything and I was like, hold on, what? What is going on here?" owner Baljit Singh told Santa Fe Reporter. "White power," "Trump 2020," "go home," and far worse were spray-painted on walls, doors, counters and any other available surface.

"Some phrases contained threats of violence and derogatory racial slurs," the daily said.

"Santa Fe is a peaceful town, and the Sikh community has lived here, beautifully integrated, since the 60s," said SALDEF board member Simran Singh, who lives minutes away from the restaurant.

"Tensions have flared recently with the reinvigoration of the Black Lives Matter movement and the removal of statues associated with Spanish colonisers of this area, who committed a number of atrocities," he said.

"Nevertheless, we are seeing an outpouring of love and support around the city and in my experience, our neighbors love and appreciate us, as we love and appreciate them," he added.

SALDEF said that it has seen an unprecedented rise in hate crimes including the April 29 incident wherein a Sikh American Lakhwant Singh was brutally attacked by a man identified as Eric Breeman in Lakewood, Colorado.

Lakhwant Singh was told to "go back to your country," while being attacked. No formal hate crime charges have been brought against the attacker.

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