FIFA on trial as Valcke, Al-Khelaifi trial begins in Swiss court

This combination of file photographs created on Feb. 20, 2020, shows French former FIFA Secretary General Jerome Valcke (L) in Lausanne on Oct. 11, 2017 and Paris Saint-Germain’s (PSG) Qatari president Nasser Al-Khelaifi in the Qatari capital Doha on Jan. 15, 2019. (AFP)
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Updated 14 September 2020
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FIFA on trial as Valcke, Al-Khelaifi trial begins in Swiss court

  • Switzerland will judge Valcke, Al-Khelaifi in a case of TV rights on Monday
  • The case is major step in the cascade of investigations on world football

LAUSANNE, France: FIFA’s disgraced former secretary general Jerome Valcke and Paris Saint-Germain chief Nasser Al-Khelaifi go on trial in Switzerland on Monday in the latest chapter of football’s seemingly endless corruption saga.
The two men have been indicted for alleged corruption in the attribution of football broadcasting rights — Al-Khelaifi is also the boss of beIN Media.
The hearing, which has already been delayed because of the coronavirus, is scheduled to last until September 25 at the Federal Criminal Court of Bellinzona. But it will open under another cloud as suspicions of collusion between the Swiss prosecution and FIFA have undermined its credibility.
Center stage is Valcke, former right-hand man of ousted FIFA president Sepp Blatter, who appears in two separate cases of television rights corruption — he faces up to five years in prison if found guilty.
The 59-year-old Frenchman stands accused of wanting to transfer the Middle East and North Africa rights for screening the 2026 and 2030 World Cups to the Qatari giant beIN Media, in exchange for “unwarranted benefits” from Al-Khelaifi.
According to the prosecution, the case relates to a meeting on October 24, 2013 at the French headquarters of beIN, when Al-Khelaifi allegedly promised to buy a villa in Sardinia for five million euros, granting its exclusive use to Valcke.
Al-Khelaifi, who has denied the charges, was then to hand the property over to the Frenchman two years later under certain conditions.
In return, the prosecution claims, Valcke committed to “do what was in his power” to ensure beIN would become the regional broadcaster for the two World Cups, something which happened on April 29, 2014, in an agreement that FIFA has never since contested.
Legally, however, it is no longer a question of “private corruption.” The prosecution had to drop that qualification because of an “amicable agreement” reached at the end of January between FIFA and Al-Khelaifi, the contents of which have not been made public.
So Valcke must now justify having “kept for himself” advantages “which should have gone to FIFA.”
An employee at the time, the obligation to return money received in the course of his duties “also applies to bribes,” according to a decision in March.
Al-Khelaifi, one of the most influential men in world football, faces the charge of “inciting Valcke to commit aggravated criminal mismanagement,” for which he could also face five years in prison.
“The major part of this file does not concern our client,” his lawyers told AFP while dismissing the charges against him as “clearly artificial.”
Al-Khelaifi denies buying the property in question or promising it to Valcke.
Valcke, who will be at the hearing, also stands accused of exploiting his position at FIFA between 2013 and 2015 to influence the awarding of media rights for Italy and Greece for various World Cup and other tournaments scheduled between 2018 and 2030 “in order to favor media partners that he preferred” in exchange for payments from Greek businessman Dinos Deris, who has also been charged.
Valcke, who allegedly stood to receive 1.25 million euros in exchange, “disputes the charges,” according to his lawyer Patrick Hunziker.
The case has been weakened by accusations of collusion born of three secret meetings in 2016 and 2017 between the current president of FIFA, Gianni Infantino, and Switzerland’s former Attorney General Michael Lauber.
Both are under investigation for “obstructing criminal proceedings” — Lauber resigned from his post in July.
If the hearing runs its course, it will be the first judgment handed down in Switzerland, the seat of most international sports organizations, on the 20 or so proceedings opened in the last five years surrounding FIFA.


Asia hit hardest by climate, weather disasters in 2023:UN

Updated 56 min 43 sec ago
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Asia hit hardest by climate, weather disasters in 2023:UN

  • UN’s weather and climate agency said Asia was warming at a particularly rapid pace

GENEVA: Asia was the world’s most disaster-hit region from climate and weather hazards in 2023, the United Nations said Tuesday, with floods and storms the chief cause of casualties and economic losses.
Global temperatures hit record highs last year, and the UN’s weather and climate agency said Asia was warming at a particularly rapid pace.
The World Meteorological Organization said the impact of heatwaves in Asia was becoming more severe, with melting glaciers threatening the region’s future water security.
The WMO said Asia was warming faster than the global average, with temperatures last year nearly two degrees Celsius above the 1961 to 1990 average.
“The report’s conclusions are sobering,” WMO chief Celeste Saulo said in a statement.
“Many countries in the region experienced their hottest year on record in 2023, along with a barrage of extreme conditions, from droughts and heatwaves to floods and storms.
“Climate change exacerbated the frequency and severity of such events, profoundly impacting societies, economies, and, most importantly, human lives and the environment that we live in.”
The State of the Climate in Asia 2023 report highlighted the accelerating rate of key climate change indicators such as surface temperature, glacier retreat and sea level rise, saying they would have serious repercussions for societies, economies and ecosystems in the region.
“Asia remained the world’s most disaster-hit region from weather, climate and water-related hazards in 2023,” the WMO said.
Ranging disasters
The annual mean near-surface temperature over Asia in 2023 was the second highest on record, at 0.91 degrees Celsius above the 1991-2020 average, and 1.87 C above the 1961-1990 average.
Particularly high average temperatures were recorded from western Siberia to central Asia, and from eastern China to Japan, the report said, with Japan having its hottest summer on record.
As for precipitation, it was below normal in the Himalayas and in the Hindu Kush mountain range in Pakistan and Afghanistan.
Meanwhile southwest China suffered from a drought, with below-normal precipitation levels in nearly every month of the year.
The High-Mountain Asia region, centered on the Tibetan Plateau, contains the largest volume of ice outside of the polar regions.
Over the last several decades, most of these glaciers have been retreating, and at an accelerating rate, the WMO said, with 20 out of 22 monitored glaciers in the region showing continued mass loss last year.
The report said 2023 sea-surface temperatures in the northwest Pacific Ocean were the highest on record.
Water-related hazards
Last year, 79 disasters associated with water-related weather hazards were reported in Asia. Of those, more than 80 percent were floods and storms, with more than 2,000 deaths and nine million people directly affected.
“Floods were the leading cause of death in reported events in 2023 by a substantial margin,” the WMO said, noting the continuing high level of vulnerability of Asia to natural hazard events.
Hong Kong recorded 158.1 millimeters of rainfall in one hour on September 7 — the highest since records began in 1884, as a result of a typhoon.
The WMO said there was an urgent need for national weather services across the region to improve tailored information to officials working on reducing disaster risks.
“It is imperative that our actions and strategies mirror the urgency of these times,” said Saulo.
“Reducing greenhouse gas emissions and adapting to the evolving climate is not merely an option, but a fundamental necessity.”


Jury deliberating in Iraq Abu Ghraib prison abuse civil case; contractor casts blame on Army

Updated 23 April 2024
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Jury deliberating in Iraq Abu Ghraib prison abuse civil case; contractor casts blame on Army

  • Raisi said the killings by Israel in Gaza were being committed with the support of the United States and other Western countries

ALEXANDRIA, Virginia: A lawyer for the military contractor being sued by three survivors of the notorious Abu Ghraib prison in Iraq told jurors Monday that the plaintiffs are suing the wrong people.
“If you believe they were abused ... tell them to make their claim against the US government,” said John O’Connor, defense attorney for Reston, Virginia-based military contractor CACI, during closing arguments at the civil trial in federal court. “Why didn’t they sue the people who actively abused them?”
The lawsuit brought by the three former Abu Ghraib detainees marks the first time a US jury has weighed claims of abuse at the prison, which was the site of a worldwide scandal 20 years ago when photos became public showing US soldiers smiling as they inflicted abusive and humiliating treatment on detainees in the months after the US invasion and occupation of Iraq.
The suit alleges that civilian interrogators supplied by CACI to Abu Ghraib contributed to the torture the plaintiffs by conspiring with military police to “soften up” detainees for interrogations.
CACI, in its closing arguments, relied in part on a legal theory known as the “borrowed servant doctrine,” which states an employer can’t be liable for its employees’ conduct if another entity is controlling and directing those employees’ work.
In this case, CACI says the Army was directing and controlling its employees in their work as interrogators.
Lawyers for the plaintiffs disputed that CACI relinquished control of its interrogators to the Army. At trial, they introduced evidence that CACI’s contract with the Army required CACI to supervise its own employees. Jurors also saw a section of the Army Field Manual that pertains to contractors and states that “only contractors may supervise and give direction to their employees.
Muhammad Faridi, one of the plaintiffs’ lawyers, told jurors that the case is simpler than CACI’s lawyers are trying to make it.
He said that if CACI interrogators conspired with military police to inflict abuse on detainees to soften them up for interrogations, then the jury can find CACI liable even if CACI interrogators never themselves inflicted abuse on any of the three plaintiffs.
All three plaintiffs testified to horrible treatment including beatings, sexual assaults, being threatened with dogs and forced to wear women’s underwear, but said the abuse was either inflicted by soldiers, or by civilians who couldn’t be identified as CACI workers. In some cases, the detainees said they couldn’t see who was abusing them because they had bags over their heads.
As evidence of CACI’s complicity, jurors heard testimony from two retired generals who investigated the Abu Ghraib scandal in 2004; both concluded that CACI interrogators engaged in misconduct.
Faridi told the jury that while many of the soldiers who abused detainees were convicted and sentenced to prison, CACI has not yet been held accountable.
“When our country’s military found out about the abuse, they didn’t cover it up,” Faridi said. “Our country’s military held the military police members who were perpetrating the abuse accountable. CACI escaped liability.”
And Faridi said that even when the Army asked CACI to hold its its interrogators responsible, it still sought to evade responsibility. In May 2004, the Army asked CACI to fire one of its interrogators, Dan Johnson, after one of the Abu Ghraib photos showed Johnson interrogating a detainee who was forced into an awkward crouching position that investigators concluded was an illegal stress position.
CACI contested Johnson’s dismissal, writing that the “photo depicts what appears to be a relatively relaxed scene” and saying that “squatting is common and unremarkable among Iraqis.”
“I’ll leave that to you to consider whether you find that offensive,” Faridi told the jury Monday.
At trial, CACI employees testified they defended Johnson’s work because Army personnel had asked them through back channels to do so. O’Connor said that out of the many hundreds of photos of abuse at Abu Ghraib, the photo of Johnson is the only one depicting a CACI employee, and it shows him questioning not one of the plaintiffs but an Iraqi policeman after someone had smuggled a gun into the prison and shot at military police.
O’Connor also apologized for parts of his case that were “long, annoying and boring” but said he had no choice because the US government claimed that some evidence, including the identities of interrogators, was classified. So jurors, rather than hearing live testimony, were subjected to long audio recordings in which the interrogators’ voices were doctored and their answers were often interrupted by government lawyers who instructed them to not answer the question.
The trial was delayed by more than 15 years of legal wrangling and questions over whether CACI could be sued. Some of the debate focused on the question of immunity — there had long been an assumption that the US government would hold sovereign immunity from a civil suit, and CACI argued that, as a government contractor, it would enjoy derivative immunity.
But US District Judge Leonie Brinkema, in a first-of-its-kind ruling, determined that the US government cannot claim immunity in cases involving fundamental violations of international norms, such as torture allegations. And, as a result, CACI could not claim any kind of derivative immunity, either.
The eight-person jury deliberated about three hours before pausing Monday afternoon without reaching a verdict. Deliberations are set to resume Wednesday.

 


India’s Modi accused of targeting Muslims in election speech

Updated 23 April 2024
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India’s Modi accused of targeting Muslims in election speech

  • Modi’s muscular Hindu-first politics is a key part of his electoral appeal and his opponents accuse him of marginalizing India’s 200 million Muslim population

NEW DELHI: India’s main opposition Congress party filed a complaint to the Election Commission Monday accusing Hindu nationalist Prime Minister Narendra Modi of “blatantly targeting” minority Muslims in a campaign speech.
The world’s most populous country is constitutionally secular and its election code bans canvassing based on “communal feelings.”
Modi’s muscular Hindu-first politics is a key part of his electoral appeal and his opponents accuse him of marginalizing India’s 200 million Muslim population.
The prime minister usually steers away from explicit references to religion — the word “Hindu” does not appear in his Bharatiya Janata Party’s (BJP) 76-page election manifesto.
But at a weekend election rally in Rajasthan, Modi claimed a previous Congress government had said that “Muslims have the first right over the nation’s wealth.”
He said if Congress won “it will be distributed among those who have more children. It will be distributed to the infiltrators.”
“Do you think your hard-earned money should be given to infiltrators? Would you accept this?“
Critics said the phrases were references to Muslims.
In its complaint to the Election Commission, the Congress party said the “divisive, objectionable and malicious” comments were targeted at “a particular religious community” and amounted to “blatant and direct violations of electoral laws.”
They were “far worse than any ever made by a sitting Prime Minister in the history of India,” the complaint said.
Congress party spokesperson Abhishek Manu Singhvi told reporters outside the Commission’s office: “We hope concrete action will be taken.”
Modi and the BJP are widely expected to coast to victory in India’s marathon elections, which began last Friday and with the results due on June 4.
Earlier this year, Modi presided over the inauguration of a grand temple to the deity Ram, built on the site of a centuries-old mosque razed by Hindu zealots.
The BJP has frequently invoked the temple on the campaign trail.
BJP spokesperson Gaurav Bhatia told reporters Monday that Modi was calling “a spade a spade” and his remarks resonated with what people thought.


Hamas has ‘moved goal post’ on hostage talks, says State Dept

State Department spokesperson Matthew Miller. (video grab/@StateDeptSpox)
Updated 23 April 2024
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Hamas has ‘moved goal post’ on hostage talks, says State Dept

  • Miller said the United States had received a report by former French Foreign Minister Catherine Colonna into the UN aid agency for Palestinians, UNRWA, and is reviewing it
  • Israel has killed 34,151 Palestinians, mostly women and children, according to the Hamas-run territory’s health ministry

WASHINGTON: Palestinian militant group Hamas has “moved the goal post” and changed its demands in the hostage negotiations with Israel mediated by Egypt and Qatar, State Department spokesperson Matthew Miller said on Monday.
Speaking at a daily press briefing, Miller said the United States would continue to push for an agreement that would see hostages taken on Oct. 7 released and a pause in fighting in Gaza.
Separately, Miller said the United States had received a report by former French Foreign Minister Catherine Colonna into the UN aid agency for Palestinians, UNRWA, and is reviewing it.

 


UK parliament passes Rwanda asylum law as Sunak vows flights will start in weeks

Updated 23 April 2024
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UK parliament passes Rwanda asylum law as Sunak vows flights will start in weeks

  • Critics say the plan to deport people to Rwanda rather than handle asylum seekers at home is inhumane
  • Other European countries, including Austria and Germany, are also looking at agreements to process asylum seekers abroad

LONDON: British Prime Minister Rishi Sunak promised on Monday to start sending asylum seekers to Rwanda within 10 to 12 weeks as the upper house of parliament finally passed required legislation, delayed for weeks by attempts to alter the plan.

Sunak said the government had booked commercial charter planes and trained staff to take migrants to Rwanda, a policy he hopes will boost his Conservative Party’s flagging fortunes before an election later this year.

The House of Lords had long refused to back the divisive legislation without additional safeguards, but eventually relented after Sunak said the government would force parliament to sit as late into Monday night as necessary to get it passed.

“No ifs, no buts. These flights are going to Rwanda,” Sunak told a news conference earlier on Monday.

Tens of thousands of migrants — many fleeing wars and poverty in Africa, the Middle East and Asia — have reached Britain in recent years by crossing the English Channel in small boats on risky journeys organized by people-smuggling gangs.

Stopping the flow is a priority for the government, but critics say the plan to deport people to Rwanda rather than handle asylum seekers at home is inhumane. They cite concerns about the East African country’s own human rights record and the risk asylum seekers may be sent back to countries where they face danger.

Sunak’s new law states some existing UK human rights statutes will not apply to the scheme and Rwanda must be treated by British judges as a safe destination, in a bid to override a Supreme Court ruling which declared the scheme unlawful.

It also limits individuals’ options for an appeal to only exceptional cases.

Other European countries, including Austria and Germany, are also looking at agreements to process asylum seekers abroad.

The legislation returned on Monday to the House of Commons — the elected lower house — where lawmakers removed changes proposed by the Lords before the upper chamber considered it again.

Some Labour and unaffiliated peers wanted the legislation to include safeguards for Afghans who previously helped British troops and to establish a committee to monitor asylum seekers’ safety in Rwanda. But eventually the Lords let the legislation pass its final parliamentary step without any formal changes.

The legislation is expected to receive Royal Assent from King Charles later this week, and then will become law.

Speaking before the legislation was passed, Sunak said an airfield was on standby, slots were booked for flights and 500 staff were ready to escort migrants “all the way to Rwanda.”

Under the policy formulated two years ago, and agreed with Rwanda, any asylum seeker who arrives illegally in Britain will be sent to Rwanda under a scheme the government says will deter Channel crossings and smash the people smugglers’ business model.

Sunak’s team hope the pre-election pledge will help turn around his electoral fortunes, particularly among wavering Conservative voters who want to see less immigration.

He had previously said he hoped the policy would be operational by spring, without giving a precise date.

Polls suggest his Conservative Party will be badly beaten in this year’s election by Labour, which has said it will scrap the scheme if it wins power. Labour says it will pursue a deal with the European Union to return some arrivals to mainland Europe.

Even after successfully navigating parliamentary hurdles, Sunak may still face legal challenges to the law.

Charities and rights groups say they would try to stop individual deportations and the trade union which represents border force staff is promising to argue the new legislation is unlawful “within days” of the first asylum seekers being informed they will be sent to Rwanda.

“We urgently need the UK government to start treating refugees with decency and stop trying to send them away to an unsafe future in Rwanda,” Lucy Gregg, acting head of Advocacy at Freedom from Torture, said in a statement.