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
June 4,2020

New York, Jun 4: The Minneapolis police officer who used his knee to pin down George Floyd's neck before his death was the most experienced of the four officers involved in the arrest, with a record that included medals for bravery and 17 complaints against him, including one for pulling a woman out of her car during a speeding stop.

New details about Derek Chauvin and the other now-fired officers emerged Wednesday after prosecutors upgraded Chauvin's charge to second-degree murder and charged the others with aiding and abetting in a case that has convulsed the nation with protests over race and police brutality.

Heavily redacted personnel files show that Chauvin, a 19-year veteran of the force, was initially trained as a cook and served in the Army as a military police officer.

Eleven-year veteran and native Hmong speaker Tou Thao began as a community service officer and was the subject of six complaints.

The other two officers were relative newcomers to the department, including Thomas Lane, a former juvenile detention guard who did volunteer work with Somali refugees, and J. Alexander Kueng, who got his start in law enforcement by patrolling his college campus and a department store.

The files were notable for what they didn't include. Only one of the 17 complaints against Chauvin was detailed, none of the six against Thao were mentioned and there was no further detail about a 2017 excessive force lawsuit against Thao.

Records show that the 44-year-old Chauvin initially studied cooking before taking courses in law enforcement and doing two stints in the Army as a military police officer in the late 1990s, serving at Fort Benning, Georgia, and in Germany.

Chauvin became a Minneapolis police officer in 2001 and the lone reprimand in his file involved a 2007 incident when he was accused of pulling a woman out of her car after stopping her for going 10 mph (16 kph) over the speed limit.

Investigators found it was not necessary for Chauvin to remove the woman from the car and noted that his squad car video was turned off during the stop.

But Chauvin was also singled out for bravery. Files show he won two medals of valor, one in 2006 for being part of a group of officers who opened fire on a stabbing suspect who pointed a shotgun at them, and another in 2008 for a domestic violence incident in which Chauvin broke down a bathroom door and shot a suspect in the stomach.

He also won medals of commendation in 2008 after he and his partner tackled a fleeing suspect who had a pistol in his hand, and in 2009 for single-handedly apprehending a group of gang members while working as an off-duty security guard at the El Nuevo Rodeo, a Minneapolis nightclub.

Since his arrest, the former owner of the club, Maya Santamaria, said Chauvin and Floyd both worked as security guards there at various times but that she wasn't sure if they had known one another.

She said Chauvin was unnecessarily aggressive on nights when the club had a black clientele, quelling fights by dousing the crowd with pepper spray and calling in several police squad cars as backup, a tactic she called “overkill.”

Chauvin's wife, Kellie, a Laotian immigrant who became the first Hmong winner of the Mrs. Minnesota pageant, said shortly after his arrest last week that she intends to divorce him.

Before news of the upgraded charges, an attorney for Chauvin said he was not making any statements at this time. Lawyers for the others did not return messages seeking comment.

In cellphone video of the May 25 arrest of Floyd, Chauvin is shown pressing his knee onto Floyd's neck for more than eight minutes while Floyd cries out “I can't breathe” and eventually stops moving.

During much of the arrest, Kueng and Lane were helping Chauvin restrain Floyd. Thao was standing nearby keeping onlookers back.

According the complaint, at one point during the arrest, as Chauvin held Floyd down with his knee, Lane asked Chauvin twice whether they should roll Floyd over.

“No, staying put where we got him,” Chauvin replied, “I am worried about excited delirium or whatever,” Lane said. And Chauvin replied again, “That's why we have him on his stomach.” None of the three officers moved from their positions.

Lane joined the police early last year as a 35-year-old cadet — much older than most rookies — and became a full-fledged officer last December. He had no complaints in his file during his short time on the force.

On employment forms, the University of Minnesota graduate said he done volunteer work tutoring Somali youth and as a mentor helping at-risk elementary school students with reading and homework.”

Kueng, at 26 the youngest of the four officers, was also a recent recruit to the police force. He completed his year's probation just three months before the Floyd arrest.

His personnel file, which notes that he speaks, reads and writes Russian, did not include any commendations or disciplinary actions during his short time on force.

Kueng was a 2018 graduate of the University of Minnesota, where he worked part-time as part of the campus security force. He also worked nearly three years as a theft-prevention officer at Macy's.

Thao joined the police force part-time in 2008 while attending a community college. Before that, he worked as a security guard, a supermarket stocker and trainer at McDonald's.

City records show six complaints were filed against Thao, but there was no mention of that in the records released Wednesday. There also was no mention of a 2017 federal lawsuit accusing him and another officer of excessive force.

According to the lawsuit, Lamar Ferguson claimed that in 2014, Thao and his partner stopped him and beat him up while he was on his way to his girlfriend's house. The lawsuit was settled for $25,000 ___

Richmond reported from Madison, Wisconsin. Associated Press writer Scott Bauer in Madison and researcher Rhonda Shafner in New York contributed to this report.

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News Network
April 24,2020

Paris, Apr 24: The worldwide death toll from the coronavirus pandemic crossed 190,000 on Friday, with nearly two-thirds of the fatalities in Europe, according to an AFP tally compiled from official sources at 0740 GMT.

A total of 190,089 people have died and 2,698,733 been infected since the virus emerged in China in December. The hardest hit continent is Europe, with 116,221 deaths and 1,296,248 cases.

The country with the most deaths is the United States with 49,963, followed by Italy with 25,549, Spain with 22,157, France with 21,856 and Britain 18,738.

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Agencies
January 4,2020

Tel Aviv, Jan 4: Israeli Prime Minister Benjamin Netanyahu on Friday came out in the support of Trump administration for carrying out the strike near Baghdad's international airport which led to the killing of Iran's elite IRGC Qassem Soleimani, saying that "The US has the right of self-defence."

"Just as Israel has the right of self-defence, the United States has exactly the same right. Qassem Soleimani is responsible for the death of American citizens and many other innocent people. He was planning more such attacks," PM Benjamin Netanyahu wrote on Twitter.

In another tweet, Netanyahu also credited US President Donald Trump for acting decisively in the operation of Iraq that led to the killing of Qassem Soleimani -- a US-designated terrorist, along with six others.

"President Donald Trump deserves all the credit for acting swiftly, forcefully and decisively. Israel stands with the United States in its just struggle for peace, security and self-defence," he added.

Meanwhile, Iran on Friday vowed to take a "vigorous revenge" over the killing of General Qassem Soleimani, the head of Iran's elite IRGC.

The US had accused Soleimani of orchestrating several attacks on coalition bases in Iraq including the December 27 attack in which American and Iraqi personnel were killed. 

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