Tribal law protects young father from sexual charges







Tribal LawColumbian authorities failed in their attempt to punish 15 year young father of a baby born to a 10 year old ethnic Wayuu girl. The 10 year young mother who gave birth to baby on March 29th is one of the youngest mother on record.

Under Colombian law, any person engaged in any kind of sexual relations with a child age 14 or less is punishable for a term not less than nine years. But under Colombia 1991 constitution the Wayuu has its own jurisdiction.

According to Rosa Iguaran, a tribal leader, the incident is truly a painful one and that it is up to the discretion of the boy and girls parents on whether they should get them married.

The prosecutor, Pabon said that the girl’s family is refusing to cooperate with her and on the question of arresting the young father; she will decide the matter by consulting with the Wayuu leaders.

According to Colombian Constitutional experts, the tribal laws are always complicated. Further Former Constitutional Court magistrate Rodrigo Escobar is of the view that what Indians can’i possibly do is submitting the defendant to degrading treatment or to award death sentence.

Tribal law protects young father from sexual charges

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Lawsuit filed on Libya rendition







LegalLeigh Day, a law firm has filed law suit against the Commissioner for the British Indian Ocean Territory alleging rendition and torture of a Libyan rebel

The law suit was filed on the behalf of Abdel Hakim Belhadj; the present head of the Tripoli Military Council. Mr. Belhadj was hailed for his role in uprising against the Gaddafi regime has already filed legal suits against the UK government, its security forces and the former director of Counter terrorism at MI6.

Mr. Belhadj, who has been hailed for his role in the uprising against Muammar Gaddafi’s regime and is already suing the Government of United Kingdom, its security forces and Sir Mark Allen a former director of counter-terrorism at MI6.

Further according to the Libyan Rebel all the evidence regarding the UK’S role in performing the torture can be established from a number of documents which is with the Libyan Security Services, which came to light after Gaddafi was ousted. In the paper filed, it is alleged that the commissioner is also involved in the alleged rendition and imprisonment of Belhadj and his wife in Diego Garcia.

Further Mr. Belhadj had been living in exile in 2004 in Beijing China when he alleges that he was  tortured after detaining with his wife on their journey to U.K were they  are trying to seek asylum.

Further according to Legal Director at Reprieve, Cori Crider  who was appointed as the US Counsel for Mr. Belched, the government has always lied when they ask them about the case and it took months to get response from the government on the question whether Belhadj and his wife was taken to Gaddafi via Diego Garcia as planned. Cori Crider further said that all that the family wants is to know the whole truth about their faith and Britain’s role so as to ensure that this won’t happen to anyone else in the near future.

Further according to foreign office spokeswoman the police investigation is underway, so they cannot say anything on that matter.

Legal action on Libya rendition

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Patent infringement filed by NXP against BlackBerry makers RIM







NV, an associate of the Dutch semiconductor company NXP, filed a patent infringement suit against the Research In Motion Ltd mountaineering the troubles of Blackberry makers.

The Dutch semi conductor company has alleged in its suit before the US District Court of Orlando, Florida that the data transmission and certain other features of RIM’s BlackBerry phone and Playbook tablet is an infringement to the patents issued to them in between 1997 and 2008.

In its suit NXP have demanded RIM to stop all the violations and to pay NXP the lost profit. According to Alexander Poltorak, a patent consultant the primary objective of the law suit filed by NXP is to extract some money from RIM, at a time when RIM is running at a loss.

Presently RIM is facing tough competitions from their business rivals Apple Inc and phones running on Google Inc’s Android. Further RIM had made a statement last week that it is planning to stop issuing financial forecasts and is planning to enter into partnership deeds and joint ventures.

According to the official sources RIM may take steps towards compromising the case so that it will not badly affect the market of their products. But from the trading on the Nasdaq point out the fact that RIM fell at a rate of  $1.10, or 7.6 percent, to $13.27; and  the NXP fell at a rate of 67 cents, or 2.6 percent, to $25.45.

Patent infringement filed by NXP against BlackBerry makers RIMBlackBerry Patent

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Patent Countersuit filed by Facebook against Yahoo







Facebook counters Yahoo’s legal action

Social Media legal warThe Social networking site Facebook filed a suit against the yahoo in a San Francisco federal Court alleging that the web pioneers had infringed 10 of face books patents. This suit was filed as a counterclaim against the suit filed by yahoo last month against the Facebook for patent infringement.

In its suit filed last month the web pioneers had claimed that Facebook had infringed 10 of yahoo’s patents like online advertising technology. Further they have also criticized Facebook by stating the Facebook to be the worst site for advertising prior to using yahoo’s technologies

The mastermind behind the counter suit against yahoo is the two researchers from Dutch electronics group Philips a professor at New York University and Mark Zuckerberg. According to observers this suit if successful will be considered as one of the most effective legal defenses drafted by the young internet concern.

According to Facebook General Counsel Ted Ullyot the company had clearly stated that they will defend themselves against the yahoo’s law suit at any cause

From the point of view of figure analysts the Social Networking site Yahoo was holding 56 patents by the end of 2011 which is certainly low when compared to Yahoo, which holds about 1,000 patents. But it should also be noted that Facebook recently obtained 750 patents from the computing giant IBM which was seen as an important step taken by the social networking site for patent protection.

THE LARGEST SOCIAL NETWORKING SITE BACKTRACKED THE LEGAL PIONEERS

Navanitha Warrier,
Kerala Law Academy

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Pinnacle Airlines filed for bankruptcy protection







Pinnacle Airlines BankruptcyMemphis based Pinnacle Airlines, filed for bankruptcy protection to deal with its mountaineering debts which was mainly as a result of increasing fuel prices and decrease in travel demands.

Pinnacle Airlines mainly function for various regional airlines such as Delta Connection and for bigger-name partners such as Delta Air Lines, United Airlines and US Airways. The company said that it will continue its work with Delta and will cancel its contract with United Airlines and US Airways.

Pinnacle airlines presently has 8,000 employees is planning to cut the number of employees. The company further said that they had received a commitment for $74.3 million from Delta which will help them out of the stressful conditions.

According to Ray Neidl an airline analyst at the Maxim group the only reason for the existence of Pinnacle is the Delta group further because of the high fuel cost Pinnacle is uneconomical and is running at heavy loss.

According to a spokesman of the Pinnacle airlines, Pinnacles contract with US Airways was already expiring and the bankruptcy has no effect on the operations of the airlines.

According to the court filing Pinnacles estimated assets and liabilities are above 1 billion So the future of Pinnacle Airlines is under risk.

Pinnacle Airlines filed for Bankruptcy protection

Navanitha Warrier,
Kerala Law Academy

Also Read : Bankruptcy filed by AFA, largest beef processor of US

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Iraq VP refuses to return to Baghdad to stand trial







Tariq-al-HashimiVice president of Iraq Tareq al-Hashemi said that he will not return to Baghdad to stand trial on charges of inciting violence in the country. Al-Hashemi denies the charges and has moved to the Kurdish region of northern Iraq to avoid appearing at trial, which he claims will be biased against him.

Hashemi, holed up at an official guesthouse of Iraqi President Jalal Talabani in the country’s autonomous Kurdish region, acknowledged his guards may have carried out attacks, but he has steadfastly denied any involvement.

Al-Hashemi’s statement comes in response to a warrant issued last week for his arrest by Shiite Prime Minister Nuri al-Maliki Al-Maliki alleging that Al-Hashemi and his security forces carried out secret assassinations of political enemies. The warrant against Hashemi has been the focus of a political row between Shiite Prime Minister Nuri al-Maliki and the Sunni-backed Iraqiya bloc, which is a part of his national unity government and of which Hashemi is a member.

Protesters took to the streets in support of Hashemi, many alleging that the charges against him are politically motivated. The sectarian violence was ignited just days after the last US troops left Iraq, and threatens to disrupt the peaceful transfer of power.

US Vice President Joe Biden spoke with Maliki, expressing his condolences for last week’s violence and discussing the political climate. The US ended its 9-year Iraq War earlier this month when the government officially declared the war at an end and withdrew its remaining troops from the country. The US also handed over the last detainee in Iraq, Ali Mussa Daqduq, to Iraqi authorities as part of the end of the war. US President Barack Obama had considered trying Daqduq on US soil, but were unable to come to an agreement with Iraqi officials and so transferred Daqduq to Iraq officials. Sectarian conflict arose almost immediately following the withdrawal of US troops, culminating in the last week’s violence.

Iraq VP refuses to return to Baghdad to stand trial

Report by Radhalakshmi R

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Pakistan Govt issues showcause notice on memo scandal







Pakistan-flagThe Pakistan government issued a show cause notice to the Defence Secretary Lt Gen (retired) Khalid Naeem Lodhi for allegedly filing an affidavit on the memo scandal before the Supreme Court without the approval of the Defence Minister. The Pakistan government has been at loggerheads with the army for quite some time now.

He notice was issued to Lodhi last week and as he is considered to be a close ally of the army chief Gen Ashfaq Parvez Kayani owing to which it is unlikely that he will be removed as the government does not want any confrontation with the powerful military force of Pakistan.

The insiders in the ruling Pakistan People’s Party said that the Prime Minister Yousuf Raza Gilllani criticized Lodhi vehemently due to Lodhi’s refusal to obey an order of the government.

The government was aggravated at the affidavit submitted by Lodhi to the court stating that the Defense Ministry had no operational control over the army and the Inter-Services Intelligence agency on December 21st. The contentious affidavit had not been approved by the Defense Minister Chaudhry Ahmed Mukhtar.

Subsequent to Lodhi tendering the controversial affidavit, Prime Minister Gilani had directed him to submit a fresh affidavit which was in line with the stand of the government which he refused to comply with. This was the main reason for the fury of the PPP leadership.

The affidavit of Lodhi is said to have strengthened the impression that there is grave separations between the civilian and military on the memo scandal and whipped up stories about an imminent clash between the two institutions.

Gilani, in the Parliament, said that the army should not function as a “state within a state” and also questioned the failure of the forces to sense the presence of Osama bin Laden in Pakistan for over a time period of six years.

The chiefs of the army and ISI and the Defence Secretary is said to have turned a deaf ear to the request of the government to submit their affidavits to the court through the Prime Minister’s Office and the Law Ministry.

Pakistan Govt issues showcause notice on memo scandal

Report by Radhalakshmi R

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Armenian genocide bill passed by French Parliament







Frensh flagThe French National Assembly approved a draft law Thursday that would outlaw genocide denial, including the World War I-era killings of more than one million Armenians by Turkish soldiers. The measure would ban genocide denial generally, but it has sparked a diplomatic row with Turkey, which does not classify the killings as genocide. Turkish Prime Minister Tayyip Erdogan has strongly criticized the legislation, canceling all economic, political and military meetings with France and recalling its ambassador. France passed a law in 2001 recognizing the killings as genocide. The National Assembly approved legislation criminalizing denial of the Armenian genocide in 2006, but that measure was rejected by the Senate. The Senate must still approve the new legislation, which it will begin debating next year.

The Armenian genocide is also a contentious issue in US law and politics. Last month the US Court of Appeals for the Ninth Circuit decided to revisit a to determine whether a California law declaring Armenian genocide in Turkey conflicts with US foreign policy. In August 2010 a panel of the US Court of Appeals for the First Circuit unanimously dismissed a lawsuit challenging the exclusion of materials questioning the Armenian genocide from a school curriculum. In March 2010 the Obama administration announced its opposition to a resolution labeling the World War I-era killings as genocide. The announcement came after the US House of Representatives Committee on Foreign Affairs passed the resolution by a vote of 23-22. Erdogan condemned the resolution, and the Turkish government recalled its ambassador to the US.

Turkey has also recalled its ambassador from Paris and has restricted France’s use of Turkish airspace and docks, after the French lower house passed the bill making it a crime to deny that the mass killings of Armenians in 1915 in Turkey was genocide.

The French-Turkish relations seemed to be on ice with the current bill issue brewing to greater heights.

Armenian genocide bill passed by French Parliament

Report by Radhalakshmi R

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French genocide bill angers Turkey







Turkey flagTurkish President Abdullah Gul has asked France to halt the passing of a law proposing to criminalize the denial of the massacre of Armenians by Ottoman Turks during World War I as genocide.

Turkey has warned France of irreparable damage to ties if the legislation is passed.

A debate on the new bill is scheduled to be held in the French Parliament and the bristled Turkish officials have announced that if the bill is approved then Turkey habitually and openly denounce France’s colonial past.

In the event that is considered as the most brutal genocide of the 20th century, the Ottoman Turks had killed as many as 1.5 million Armenians. Turkey has dismissed the allegation of the event that took place 90 years ago as genocide and says that only around 300,000 were killed which included Turks as well, when Armenia attempted a revolt against the Ottomans.

The Armenian genocide bill proposes to impose a penalty of one year in prison and $58,000 fine for denying the Armenian genocide.

Preceding week, prior to the bill being introduced in the National Assembly, Turkish Prime Minister Recep Tayyip Erdogan had written a letter to the French President Nicolas Sarkozy cautioning him that the proposed legislation was “hostile” and directly targeted Turkey and Turks living in France.

President Gul has condemned the bill as one which “aims to eliminate freedom of denying unfair and groundless accusations directed against our country and nation,” and also expressed his hopes that hopes “the bill in question is dropped and history writing is left to historians.”

French genocide bill angers Turkey

Report by Radhalakshmi R

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Syria crisis: West demands amend to Russia’s UN resolution







Syria crisisRussia, who has been causing impediment for any UN action on Syria for months, surprised other members of the 15- member nation council by proposing a draft resolution which criticizes the violence by all sides in Syria.
The draft resolution put forth by Russia condemning the Syria crackdown and the aggression by both Syria’s government and the opposition. The resolution appears to make an attempt for negotiations knotty between the main powers and the government of Syria. This provides a major concern for the West as it may prove as a major obstacle for resolving the problems.
France vehemently criticized the motion from Russia as “totally unbalanced” while the European nations and the United States on the council is desirous of having talks with the nation.
The UN alleged that President Bashar al-Assad’s onslaught on the opposition protests has claimed the lives of as many as 5,000 people ever since mid-March. However a European Resolution against Syria was vetoed by Russia and China in October and had indicted for western powers for making the western powers of making the earliest steps towards a regime change.

Western nations criticized the resolution stating that it is not stringent enough on the Damascus government and it also expressed its concern as regards to “the illegal supply of weapons to the armed groups in Syria”.
The resolution has garnered the support of a number of members of the council, including the support of India, although the West has insisted on stronger condemnation of rights violations by the Assad government and stronger support for Arab League action against Syria, including its sanctions.

Syria crisis: West demands amend to Russia’s UN resolution

Report by Radhalakshmi R

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