Investigation Commission Research Articles

Dirty money in the banking sector

Purpose The purpose of this study is to analyze the Lebanese anti-money laundering (AML) paradigm in light of banking secrecy law. The phenomenon of money laundering that was first associated with the crime of drug trafficking developed a lot since the early 1900s to become a major threat to the world’s economy today. The fight against this ever-growing crime, with multiple sources and origins, has been the centre of attention of the biggest countries in the world. Thus, the need for international AML standards was required, by which countries must abide, to ensure an effective fight against this crime. The issue of banking secrecy regulations was important to study along with the AML framework as the principles of the first totally contradict those of the latter. Design/methodology/approach The scope of this study first entails a qualitative technique. It will start with analysing existing legal provisions on money laundering and studying the AML framework internationally and in accordance with the Lebanese banking system. For that, websites such as GoogleScholar and HeinOnline were used to collect many scholars articles. Additionally, Laws, Regulations and Directives have been examined for the purpose of establishing the legal basis for the fight against money laundering. Moreover, an interview was conducted in 2018 with the Lebanese Financial Prosecutor, which served as data related to the operations of the Special Investigation Commission (SIC) in Lebanon, which is the Lebanese Financial Intelligence Unit. Second, quantitative research has been done. Reports of the Association of Banks in Lebanon, Financial Action Task Force Report and Annual Reports of the SIC of Lebanon have been used to gather information related to the AML/combating the financing of terrorism framework, such as customer due to diligence provisions and know-your-customer requirements and to collect statistics of suspicious reports. Findings The question of “How to balance the confidentiality of the Lebanese banking sector with the interest of the international community in the fight against money laundering?” was interesting to study, as it turned out that the existence of such professional secrecy does not affect the effective implementation of the AML guidelines by banks and other financial institutions. This can only happen when there is a special judicial organ to which banking secrecy is not opposable at any time, and which is the sole organ entrusted with lifting off this professional secrecy and allowing the disclosure of information to the competent authorities. Thus, the Lebanese banking system can ensure total compliance with the AML framework while still adopting banking secrecy regulations. Originality/value The choice of Lebanon was compelling because of the special level of protection its banking secrecy law offers.

Construcción del Megaterminal Transporte Multimodal para cumplimiento Plan 2008-2021 Región Lima

El estudio tuvo como objetivo determinar la influencia de la Construcción del Mega Terminal Multimodal Bahía Salinas, como alternativa de solución para el cumplimiento del Plan de Desarrollo Concertado 2008-2021 Región Lima y superar el insuficiente nivel de inversión. Asimismo, considerando que su implementación será vía Asociación Publica Privada (APP); se explicó la forma como se adjudicó la carretera interoceánica, dado que su implementación significó sobrecostos y actos de corrupción, en perjuicio del Estado. Hechos a considerar, para no cometer los mismos errores; dado el nuevo sistema de promoción de la inversión privada, “Invierte. pe”. Es una investigación de tipo explicativa, no experimental; Se entrevistaron a los proponentes del proyecto y se evaluaron los interrogatorios de las Comisiones Investigadoras del Congreso de la República, a los funcionarios que participaron en el proceso de adjudicación de obras públicas, en particular, de la Carretera Interoceánica Sur. Finalmente, las conclusiones y recomendaciones de la investigación demuestran la pertinencia del proyecto, así como la percepción que tiene las autoridades regionales, que su implementación, incrementará el nivel de inversiones y permitirá el mejoramiento de la infraestructura física y la calidad de los servicios.

The crisis and decay of the CPSU-CPU in 1986-1991

The study of the history of the CPSU-CPU is relevant to modern Ukraine, which in no way can fully endorse its communist past. The purpose of the article is to study the preconditions and analysis of crisis phenomena in the environment of the CPSU-CPU, which led to its decline. The author investigates the deployment of crisis phenomena in the CPSU-CPU during 1985-1991, analyzes the causes of the crisis of confidence of ordinary communists in the policy of the CPSU-CPU, attempts to counteract the Communist Party structures for the development of the national liberation movement, examines the quantitative indicators of the composition of the CPSU-CPU, their changes under the influence of the social -political transformations. The crisis of the CPSU-KPU, which resulted in a mass exit from the party, reflected the unwillingness of the Communist Party apparatus to decisively change in the transformation of society from totalitarian to democratic. During the years of "restructuring", the leadership of the CPSU-KPU lost authority and support among the majority of socio-demographic groups of the Ukrainian population. Commitment to the dogmatic Marxist-Leninist ideology, the support of the idea of an updated Union treaty, the recognition of the Communist Party's status as a branch of the All-Union CPSU testified to the atrophy of political will. In the regions where the support of the informal population, including the opposition CPU, was the largest (in Galicia, the national-democratic organizations, in the East of Ukraine, the workers' strike committees), conditions were created for the mass exodus of the party. The failed August 1991 coup attempt put an end to the existence of not only the USSR. Established by the Presidium of the Verkhovna Rada of Ukraine, the Temporary Investigation Commission came to the conclusion of the support of the rebels by the leadership of the Communist Party. On August 30, 1991, the CPSU-CPU was banned.

IN MEMORY OF V.M. SMOLYANINOV (1898–1981) – JUDICIAL PHYSICIAN – INNOVATOR AND TEACHER (TO THE 120th ANNIVERSARY OF THE BIRTHDAY)

In the article the main dates of life and creativity of Professor V.M. Smolyaninov. The period of life of the scientist from 1932 to 1943 is analyzed. Smolyaninov was Chief forensic expert of the People’s Commissariat of Health of the RSFSR, and from 1943 to 1947 – forensic expert of the Extraordinary State Commission for Investigation of the atrocities of the German fascist invaders. In 1943, Vladimir Mikhailovich became a professor. From 1949 to 1979, Professor V.M. Smolyaninov is Head of the Department of Forensic Medicine of the II Moscow Medical Institute and at the same time (1949–1961) Deputy Director of the Institute for the Scientific Section, and from 1960 to 1968, was deputy chairman of the Scientific Medical Council of the Ministry of Health of the RSFSR. In the work it is shown that the scientific researches of Professor V.M. Smolyaninov, having great theoretical, practical and scientific-organizational significance, cover a wide range of issues of thanatology, toxicology and traumatology, spectral analysis, research of physical evidence, sudden death, medical deontology, organization and methods of forensic medical examination. He published more than 120 works, a number of monographs. Under his leadership, more than 50 candidate and 22 doctoral dissertations were completed. It is noted that during the whole busy life Vladimir Mikhailovich conscientiously and impeccably fulfilled his duty as a doctor, teacher, citizen and scientist.

Comisiones investigadoras en las transiciones democráticas en Argentina. El caso de la provincia de Santa Fe

Los graves hechos represivos acaecidos en las dos últimas dictaduras militares en Argentina han comprometido la constitución de diferentes comisiones investigadoras a la salida de esas dictaduras. En 1973, la Cámara de Diputados de la provincia de Santa Fe creó la Comision Bicameral Investigadora de apremios Ilegales y Tortura de la Provincia de Santa Fe. Integrada por diputados y senadoras, tenía a su cargo investigar dichos delitos ocurridos en la provincia en el periodo anterior (1966-1973), pero finalmente centró su investigación en el caso Brandazza, estudiante desaparecido en noviembre de 1972 en Rosario. En 1984, por otra parte, se creó en Santa Fe una delegación de la Comisión Nacional sobre la Desaparición de Personas (Conadep) con el fin de investigar numerosos delitos ocurridos en la provincia en la última dictadura militar (1976-1983). Previamente, también existió -en consonancia con la nacional- la discusión sobre si esa comisión investigadora debía ser una delegación de la Conadep o una comisión bicameral legislativa. En este artículo analizamos las comisiones investigadoras como medidas características de las transiciones democráticas que tomaron los diferentes gobiernos.

Assessment of Socio-Economic and Sexual Vulnerability of Tea Workers in Bangladesh

The main purpose of this study is to explore and explain the dynamics of a sexual vulnerability of female tea garden workers in Bangladesh. A quantitative oriented qualitative mixed method has been applied to this study. The study reveals that nearly 52% of the respondents are tortured or harassed in the garden and among them, 26% of the tortured respondents have convicted Tila babu. Only 26% of the total respondents have slight radio exposure. And surprisingly 1% of the respondents hear radio less than once a week. Many new issues are found in this research such as 5% of the respondents watch TV less than once a week. Marxist feminist theory and feminist political activist theory have been consulted to explore the concerned issues such as a women’s right to bodily integrity and autonomy for protection from domestic violence, sexual harassment, and rape as well as workplace rights. Marxist thinkers indicate that all exploitations domination is occurred because of class inequality and class discrimination. Because Marxist theory has little room for issues dealing directly with women’s reproductive and sexual concerns, many Marxist feminists initially focused on women’s work-related concerns. The study suggests that law enforcement should be strengthened through giving punishment of convicted persons of tea garden authorities through introducing an inter tea garden’s Investigation Commission and increasing accessibility of NGOs.

The Studies for Guideline Protection of Public Procurement Corruption in Thailand

This study aims to propose the guideline protection of public procurement corruption in Thailand. Because of the emergence of public procurement fraud in Thailand, the government spending has been used ineffectively. Taxpayers have to responsible for marked up cost of public procurement fraud practices. In-depth interviews were conduct with group of people involved in public procurement process, who are government representatives from The Office of the Attorney General, Office of the National Anti-Corruption Commission, Office of Public Sector Anti-Corruption Commission and Department of Special Investigation. Public procurement officer from Ordnance Department Royal Thai Army and Quartermaster Department Royal Thai Army. Awarded bidder (local and foreign companies) whose have qualified bidder with public contracts. Public procurement experts or specialist from Office of the Council of State and The Central Criminal Court of for Corruption and Misconduct Cases. And public representatives from anti-corruption project of the Office of Public Sector Anti-Corruption Commission. This study reveals the opinions and perspectives from the involved government representatives, public procurement officer, awarded bidder, public procurement experts and specialists and public representatives. The public procurement fraud has mainly resulted from the patronage system in Thailand, which largely contributed to the public procurement policy and guideline that lies on the conflict of interest among certain groups of influential people. Furthermore, the study demonstrates that public procurement corruption in Thailand consider to be the systematic corruption, in which there are misconducts and fraud along the process of public procurement ranging from assessment of public procurement plan, budgetary approval, appointment of procurement committee, supplier qualification, announcement of bidder, purchasing and contracting for work, contract management, inventory control till written material off process. Consequently, the sustainable and long-term public procurement corruption prevention guideline are necessary, which is mainly specified under the Government Procurement and Supplies Management Act B.E.2560 in order to help prevent the fraudulent activities and misconduct practices in public procurement process of Thailand.

Normalization of Questionable Behavior: An Ethical Root of the Financial Crisis in Iceland

In this paper, we explore the 2008 financial crisis in Iceland through the lens of Donaldson’s concept of normalization of questionable behavior. We study the report published by the Special Investigation Commission, an investigation initiated by the Icelandic Parliament near the end of 2008. The report provides a detailed and systematic account of the processes leading up to the crisis. Our aim is to determine the extent to which the behaviors of professionals in the Icelandic financial sector can be explained as a gradual fading of moral concerns to the point that they perceived the sale of high-risk products to unassuming customers for their own short-term benefit to be morally unproblematic. In doing so, we consider both character and circumstance explanations of moral misbehavior. We expand on Donaldson’s initial description of normalization of questionable behavior by applying the concept of moral neutralization, which is defined by criminologists Sykes and Matza as the process of convincing oneself that an option that initially conflicted with one’s own moral beliefs is actually morally acceptable. We find indications that individuals in the Icelandic financial sector did engage in moral neutralization in their attempts to frame their own actions in an acceptable light. In our study, we identify one way of neutralizing away moral dissonance not captured in the original theoretical framework. Icelandic bankers justified their behavior by claiming that they did not break any relevant rules or regulations when they engaged in what were later labeled questionable activities. Our name for this kind of justification is claim of having breached no rule.

EL FRACASO DE LA COMUNIDAD DE INTELIGENCIA DE ESTADOS UNIDOS EL 11 DE SEPTIEMBRE DE 2001: ¿FALLAS HUMANAS O SISTÉMICAS?

Los ataques terroristas del 11 de septiembre de 2001 pusieron en el banquillo de los acusados a la Comunidad de Inteligencia de Estados Unidos y, principalmente, a la CIA, al FBI y a la Agencia Nacional de Seguridad, por no haber alertado oportunamente sobre la amenaza terrorista. El Comité de Inteligencia del Senado y el Comité Permanente de Inteligencia de la Cámara de Representantes fueron los primeros en instituir una comisión de investigación para analizar las causas que condujeron a los ataques del 11 de septiembre de 2001. Más tarde, y por presión de la ciudadanía, el Presidente George W. Bush, instauró la Comisión Nacional de Investigación sobre los Ataques Terroristas contra Estados Unidos. Más allá de las críticas que recibieron ambas comisiones, se puede decir que estas hicieron un trabajo honesto y acucioso sobre las verdaderas causas de los ataques terroristas. Entre las fallas y errores de las agencias de seguridad e inteligencia, se detectaron errores organizativos, culturales, sistémicos y también fallas humanas.

Violation of the Laws and Customs of War on the Russian Front in the First World War

This article examines wartime efforts by the Russian civil and military authorities to shape public opinion, both at home and abroad, through investigating and publicizing enemy atrocities committed against Russians. An extraordinary investigative commission established in 1915, along the lines of Britain’s Bryce Commission, looked into alleged atrocities against soldiers and civilians as well as crimes against property; chronicled its findings; and publicized them on a wide scale. The ample funding and breadth of this undertaking challenges perceptions of the Tsarist authorities as unable to appreciate the importance of public opinion, even if the results were not always as intended.

ПРОТИВОДЕЙСТВИЕ ТЕРРОРИЗМУ: ПОЛИТИКА И ПРАВО

The article examines the state and prospects of the state policy of countering terrorism. It was concluded that certain decisions taken by the state authorities in the field of combating terrorism are belated. In particular, this concerns the recognition as terrorist and the prohibition of the organization Islamic of Iraq and the Levant (now known as the Islamic State) in the territory of Russia. In order to inform the public about the crimes committed by terrorists against the civilian population, the Duma of the Federal Assembly of the Russian Federation, following the example of the parliaments of a number of foreign states, is urged to recognize and condemn the genocide of the ethnoconfessional group of Yezidis of Iraq committed by the international terrorist organization Islamic State (IS). The Report of the UN Special Commission for Investigation in Syria contains a similar recommendation to the parliaments of other states around the world (June 2016). The shortcomings of the domestic anti-terrorism legislation and its controversial novels are noted. The proposals for its improvement are formulated, taking into account the modern achievements of science and the needs of practice. In particular, it is proposed to modernize the Concept of Counter-Terrorism in the Russian Federation, approved by the President of the Russian Federation on October 5, 2009. The bill on establishing criminal liability of legal entities for crimes of a terrorist nature is supported. It is proposed to reconsider the contradictory explanations of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 9, 2012 No. 1 On Some Issues of Judicial Practice in Criminal Cases on Crimes of a Terrorist Attitude concerning the qualification of terrorist crimes and the imposition of punishment for their commission.

Discussion on Provincial Evaluation Results of Maternal Mortality in Terms of Preventability: Commission Decision Differences in Konya

Objective: The objective of this study was to investigate the risk factors of maternal mortality in Konya province, as well as the preventability of deaths in cases where the central and local commissions differed in their decisions. Material and Methods:Maternal mortality between 2009 and 2014 in the Konya province was screened for the cases, where the central and local Maternal Mortality Investigation Commissions gave different decisions. These differences pertain to whether the deaths were ''preventable'' or ''not-preventable'', differences in the first, second and third delay models, and indirect, direct and incidental deaths. The data were evaluated electronically along with a descriptive statistical analysis, differences in the decisions and compliance in the mortality rates were evaluated. Results: The median age of the deceased mothers was 28 (21-44) years and 83.3% of the mothers had at least one mortality risk factor. While the overall maternal mortality rate was 36.7% within the first 48 h after birth, the rates were highest within the first 48 h after birth (26.7%) and between the 1st and 42nd day after birth (26.7%) in indifferently assessed cases. The cause in 30% of all deaths and 33.3% of deaths with differential assessments was postpartum hemorrhage, as per the results of central Maternal Mortality Investigation Commissions. The decisions of the central and local commissions differed in terms of preventability, delay models or death classification in 50% of the deaths. Taken together, the compliance between central and local decisions was not precise in investigating maternal mortality. Conclusion: The first 48 h after birth and the postpartum period are particularly critical. The causes of death, particularly postpartum hemorrhage, should be thoroughly investigated. We recommend periodic re-evaluations of cases where different decisions were made, in order to lower the rate of preventable maternal mortality.

The Life of Ellen Wilkinson, Socialist, Feminist, Internationalist by Laura Beers

Reviewed by: The Life of Ellen Wilkinson, Socialist, Feminist, Internationalist by Laura Beers Keith Laybourn Laura Beers, The Life of Ellen Wilkinson, Socialist, Feminist, Internationalist (Cambridge: Harvard University Press, 2016) Laura Beers' biography of Ellen Wilkinson, nicknamed "The Mighty Atom" because of her small size and energy, is perceptive, well-informed, and clearly focused upon Wilkinson's vital contribution to the emergence of socialist politics in the early 20th century in both a British and an international context. Beers places Wilkinson's activities firmly within the wider and conflicting politics of her age and provides the impressive associational context. Indeed, her book is a very important addition to the previous biographies. It is decidedly more critical than Betty D. Vernon's Ellen Wilkinson: A Biography (Brighton: Croom Helm, 1982), which presented Ellen as a worthy founding pillar of the Labour Party, and challenges Paula Bartley's more recent biography Ellen Wilkinson: From Red Suffragist to Government Minister (London: Pluto, 2014) by suggesting that Wilkinson was less consistent and more pragmatic in her principles than Bartley assumes. On the other hand, it rather endorses Matt Perry's excellent biography "Red Ellen" Wilkinson (Manchester: Manchester University Press, 2015), which sees "Red Ellen," referred to as such because of the colour of her hair and her fiery temperament, as a transnational figure operating in the world of international socialism and greatly affected by the various socialist and Marxists she met, including Robert Blatchford, Keir Hardie, Rajani Palme Dutt, Lenin and Trotsky – the lionesque figures of their day. Famed for her support for the Jarrow march of October and November 1936, when more than 200 men marched from Jarrow to London to present a petition to Parliament for jobs, it is often forgotten how involved Ellen was in myriad other socialist organizations and activities between the eve of World War I and her death in 1947. Though by no means the dominant socialist of her age she was, indeed, one of the ubiquitous figures in the history of the British labour movement. Ellen Wilkinson was indeed a most unusual radicalized woman. She was one of the first women to go to the University of Manchester and was active in the Manchester Independent Labour [End Page 302] Party and the Clarion movement. She was organizer of the women's section of the Amalgamated Union of Cooperative Employees after World War I. A lifelong feminist fighting for women's rights in Britain and throughout the world, she began her work with the Manchester Women's Suffrage League before being active in numerous feminist organizations and campaigns. When World War I displaced suffrage from the agenda, she was a pacifist, although perhaps less directly involved in its activities than many others she was a member of the International Committee for Women for Permanent Peace in 1915. However, the rise of Nazism in Germany in the 1930s led her to support the National Government's move to increase spending on armaments. By that time she had become deeply involved in the Spanish Civil War where she became fervently anti-fascist. As a trade unionist she investigated, with Frank Horrabin, a married man and later member of Parliament for Peterborough with whom she had a relationship, the organization and activities of the General Strike of 1926. Initially Marxist in her thinking, and a founder member of the Communist Party of Great Britain in 1920, she left it in 1924, feeling that its leadership was weak and divisive, with more communists out of the party than within it, to focus upon her career in the Labour Party. An inveterate attender of meetings and member of investigative commissions, she also became involved in an examination of the brutalities of the Irish Civil War and of British brutality in India against the Indian independence movement. To these activities might be added a flirtation with Guild Socialism through her association with G.D.H. Cole, Margaret Cole, and the National Guild League. She was deeply concerned and outraged with the social conditions of poor families in Britain, and particularly the high levels of unemployment in inter-war Britain. She was member of Parliament for Middlesbrough (1929–1931) and for Jarrow (1935...

The UN International Independent Investigation Commission in Lebanon

In 2005, the UN Security Council condemned the assassination of the former Prime Minister of Lebanon, Rafik Hariri, and established the United Nations International Independent Investigation Commission (UNIIIC) to assist the Lebanese authorities in conducting their investigations. The UNIIIC's investigation transitioned to prosecutions at the Special Tribunal for Lebanon. This Chapter sheds light on the UNIIIC’s institutional features and evaluates its performance in light of wider political dynamics. It utilises documentary sources, commentary and semi-structured interviews with former UNIIIC staff members to understand different perceptions of the UNIIIC's operations and investigative challenges felt on the ground. The Chapter argues that the UNIIIC adopted different personas in the course of executing its mandate, which reflected changes in wider institutional and political contexts as well as the outlooks of successive Commissioners. The UNIIIC can be seen as evolving from a truth-seeking inquiry to a criminal investigation and finally to a conduit for prosecutions. These different personas are appraised in light of the UNIIIC's technical mandate and the broader goal of maintaining international peace and security by ensuring accountability.

The relation between fault movement potential and seismic activity of major faults in Northwestern Vietnam

The relation between fault movement potential and seismic activity of major faults in Northwestern Vietnam

ロバート・M・ハッチンズの「アカデミック・フリーダム」論 : イリノイ州議会治安妨害活動調査委員会証言をめぐって

ロバート・M・ハッチンズの「アカデミック・フリーダム」論 : イリノイ州議会治安妨害活動調査委員会証言をめぐって

Determining Emotions and the Burden of Proof in Investigative Commissions to Palestine

AbstractThe conflict in Palestine has been the subject of numerous international investigative commissions over the past century. These have been dispatched by governments to determine the causes of violent conflicts and how to resolve them. Commissions both produce and reflect political epistemologies, the social processes and categories by which proof and evidence are produced and mobilized in political claim-making. Using archival and ethnographic sources, my analysis focuses on three investigative commissions: the King-Crane (1919), Anglo-American (1946), and Mitchell (2001) commissions. They reveal how “reading affect” has been a diagnostic of political worthiness. Through these investigations, Western colonial agents and “the international community” have given Palestinians false hope that discourse and reason were the appropriate and effective mode of politics. Rather than simply reason, however, what each required was maintenance of an impossible balance between the rational and the emotional. This essay explores the ways that affect as a diagnostic of political worthiness has worked as a technology of rule in imperial orders, and has served as an unspoken legitimating mechanism of domination.

How Park Geun-hye Administration Obstructs the Sewol Ferry Disaster Special Investigation Commission

How Park Geun-hye Administration Obstructs the Sewol Ferry Disaster Special Investigation Commission

Создание следственных комиссий военного и морского ведомств Российского правительства (март-май 1919 года)

Создание следственных комиссий военного и морского ведомств Российского правительства (март-май 1919 года)

Genocide of Yazidis and Prospects for Combating Terrorism in Iraq

The article examines materials of the special UN International Independent Investigation Commission recognizing the crimes of the Islamic State terrorist organization (ISIS) against Iraq's Yazidis as genocide. There is a need for a positive response by the United Nations Security Council to the call of the Commission on referral of the Yazidis case to the International Criminal Court (ICC) or the creation of a Special Tribunal for these purposes. The necessity of the early recognition and condemnation of the genocide of the Yazidis by the State Duma of the Federal Assembly of the Russian Federation is highlighted. To suppress continuing to the present day genocide of the Yazidis and redrawing the ethno-religious maps of the region it is proposed to provide military and diplomatic aid to the Yazidi armed groups fighting against ISIS. Such a step is justified by the need to intensify the struggle against terrorists and terrorist organizations in Iraq itself, since the Yazidis are the most motivated to fight against Islamic radicals ethnic and religious minority.