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Integrity Legal

4th Aug 2011

It recently came to this blogger’s attention that a United States Federal Court may soon hear a case involving a plaintiff bringing suit against a former Secretary of Defense which alleges that the plaintiff was subjected to extra-legal abduction and torture. In order to provide further insight it is necessary to quote directly from the official website of the Associated Press, AP.org:

WASHINGTON (AP) — A federal judge has ruled that former Defense Secretary Donald H. Rumsfeld can be sued personally for damages by a former U.S. military contractor who says he was tortured during a nine-month imprisonment in Iraq. The lawsuit lays out a dramatic tale of the disappearance of the then-civilian contractor, an Army veteran in his 50s whose identity is being withheld from court filings for fear of retaliation. Attorneys for the man, who speaks five languages and worked as a translator for Marines collecting intelligence in Iraq, say he was preparing to come home to the United States on annual leave when he was abducted by the U.S. military and held without justification while his family knew nothing about his whereabouts or even whether he was still alive. The government says he was suspected of helping pass classified information to the enemy and helping anti-coalition forces get into Iraq. But he was never charged with a crime, and he says he never broke the law and was risking his life to help his country…

The administration of this web log asks readers to click upon the relevant hyperlinks noted above to read this article in detail.

The issues in the case noted above are likely to cause tension in a political context as matters pertaining to national defense can be the source of strong opinions. That stated, it would appear that the Court sees the case as being meritorious enough to warrant allowance of this personal lawsuit. That stated, until such time as a final ruling on the matter has been handed down all parties are viewed as innocent of any charge until culpability is proven. Hopefully justice will prevail.

Pursuant to the United States Constitution and the notions of due process of law emanating therefrom; individuals, particularly American Citizens, must be accorded certain procedural formalities prior to having their liberties abridged. For example, in order to bring a person under the criminal jurisdiction of an American Court of competent jurisdiction it is generally required, absent exigent circumstances, that a valid arrest warrant be issued. In some cases, US Courts opt to issue a bench warrant whereby a judge issues a warrant directly from the bench. Meanwhile, in situations where an individual has fled a particular jurisdiction there are instances where a fugitive warrant is issued. The procedure for bringing a fugitive from one jurisdiction to another is generally referred to as extradition.

Meanwhile, in matters pertaining to the region of the Association of Southeast Asian Nations (ASEAN); it recently came to this blogger’s attention that the former King of Cambodia is traveling to Beijing, China. In order to provide further insight into these developments it is necessary to quote directly from the website of The Straits Times, StraitsTimes.com:

PHNOM PENH – CAMBODIA’S ailing former king Norodom Sihanouk left his country for Beijing on Wednesday to undergo medical tests, officials said. The 88-year-old monarch, who remains a revered figure in Cambodia, was given a red-carpet sendoff by his son King Norodom Sihamoni, Prime Minister Hun Sen and other senior government officials at Phnom Penh airport…’He goes back this time to have his health checked to stay healthy and live longer among his people,’ Prince Sisowath Sirirath, second deputy president of the royalist Funcinpec party, told reporters. He said he didn’t know when Sihanouk would next return…

This blogger asks readers to click upon the relevant hyperlinks above to read this poignant article in its entirety.

Former King Norodom Sihanouk remains a respected and highly venerated figure in the Kingdom of Cambodia notwithstanding the fact that his son King Norodom Sihamoni has taken up the responsibilities of Kingship. Hopefully, the former King’s upcoming health check up will result in benefits to his health as it is clear that the hopes and prayers of his people are with him.

For information pertaining to legal services in Southeast Asia please see: Legal.


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