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VW car owners to vent their anger in German class action suit

VW car owners to vent their anger in German class action suit
New German legislation taking effect on November 1 is enabling duped VW car owners to fight for compensation in the country's first ever class action suit. But angry consumers will have to hurry up.

German carmaker Volkswagen is on Thursday getting a taste of the anger felt by German diesel drivers as consumer groups file the country's first class action suit over VW's large-scale emissions cheating scandal.

Their legal action has been made possible by new legislation that was hurried through to beat a year-end statute of limitations for claims against the auto manufacturer.

"Volkswagen will remember the day as the moment the kid gloves of the politicians were replaced by the boxing gloves of consumer advocates", said Klaus Müller of Germany's VZBV consumer federation.

Justice Minister Katarina Barley said an estimated 2 million VW car owners might benefit from the new law, although the suit starts on a much smaller scale.

Difficult resale

Many owners of VW diesels have grown increasingly irritated by the cheating scandal's fallout as they face plummeting resale values and driving bans in big cities due to pollution concerns. They're also angry about the government, feeling Berlin has been slow to take on the car industry even as cheating suspicions spread to many other carmakers.

VZBV and Germany's largest motoring club, ADAC, are kicking off the class action suit Thursday by lodging a complaint with a regional court in Braunschweig near VW's headquarters in Wolfsburg in the German state of Lower Saxony.

If the judges deem the case admissible, authorities will open a register allowing other consumers to join the collective action. In principle, everyone is eligible who bought a Volkswagen car with a diesel EA 189 engine from November 2008.

The collective suit has the benefit of letting plaintiffs bundle their complaints, saving the time and cost of suing the defendant individually.

But talking about a US-style class action suit isn't quite right. Unlike in the United States, judges here only rule on whether or not damages should be awarded, without determining an amount.

No plain sailing

This means that even if German judges should find that VW should compensate drivers, each plaintiff would still have to go back to court to enforce individual claims.

Volkswagen has been mired in legal woes since it admitted in 2015 to installing emissions-manipulating software in some 11 million vehicles globally. In the US, the carmaker offered buybacks on top of $10,000 (€8,800) in compensation.

VW insists it has no legal obligation to repeat such a deal in Germany or elsewhere in Europe. "All the cars are technically sound and roadworthy," the carmaker said in a statement, adding that it had fully complied with all recall requirements.



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Khursheed Shah 'condemns' PM Khan's speech on Asia Bibi acquittal

PPP leader Khursheed Shah
PPP leader Khursheed Shah, during Thursday's National Assembly session, lashed out at Prime Minister Imran Khan over the premier's address to the nation on Asia Bibi's acquittal by the Supreme Court of Pakistan.

"I strongly condemn the prime minister's address to the nation. The chief executive of the state should not have said what he said," remarked Shah, adding that he could not even "repeat" parts of PM Khan's speech.

The former opposition leader asked PM Khan to come to the parliament prior to his trip to China tonight.

According to Shah, "it is good that media is not showing all this [protests] as they have the sense that it will not be good for the country. But social media is showing everything".

Further criticising PM Khan over his address, Shah said that yesterday, the tone of the premier was aggressive.

"There was violence in his tone. You cannot bring peace with this tone," he added.

Last night, following the sharp reaction from Tehreek-i-Labbaik Pakistan (TLP) after Asia Bibi's acquittal, PM Khan in a short address to the nation regretted that the demonstrators had termed the chief justice “liable to be killed”.

Declaring that the elements inciting people against the judiciary and army just to enlarge their vote bank were not serving the cause of Islam, the premier had warned the groups that had mounted protests to desist from confronting the state.

In reply, Federal Minister for Higher Education Shafqat Mehmood called Shah's speech full of hypocrisy.

"Khursheed Shah condemned Imran Khan's speech but did not condemn those people who are challenging the writ of the state," pointed out Mehmood. "Instead of praising the prime minister for taking a bold stand, he is criticising him."

"The prime minister is not in the house but yesterday, he addressed 200 million people of this country directly. I condemn Khursheed Shah for using this matter for small political gains."

On his turn, PML-N leader Khawaja Saad Rafique said that the religious card which had been used by the PTI against the previous PML-N government was now being used against it.

"We believe that Imran Khan's body language and tone was aggressive during his address," he said.

Referring to the prime minister's speech, Saad said, "Today you are saying that blocking roads is not an appropriate action but yesterday you were giving calls to the people to block roads and lock down cities."



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Brexit causing concern for business on both sides of the Irish border

Brexit causing concern for business on both sides of the Irish border
The Irish border is the final sticking point in the EU-UK Brexit negotiation, with the future of the frontier far from certain. That is causing worry for businesses north and south, as Arthur Sullivan found out.

Dublin's Convention Centre — a shining new building on the banks of the River Liffey, designed to look like a giant glass being tipped over — was abuzz with activity.

The latest "Getting Ireland Brexit Ready" workshop was in full swing, one of several such events taking place in Ireland at the moment aimed at helping businesses prepare for the UK's forthcoming exit from the European Union.

Enthusiastic volunteers provided people with nametags and pointed them towards the next panel discussion. Business leaders manned stalls, armed with leaflets and advice. Leo Varadkar, Ireland's 39-year-old Taoiseach (prime minister), even dropped by. Who knew planning for Brexit could be such fun?

Except it's not really much fun. Ireland has plenty at stake when it comes to the UK leaving the bloc. For one, there is the matter of the border with Northern Ireland and all the political and cultural complications that entails.

The second reason is Ireland's business and economic relationship with the UK, particularly with Northern Ireland. Since the customs and then the security posts came down at the border between the jurisdictions during the 1990s, cross-border business ties have flourished. The border essentially no longer exists.

However, with the terms of the UK's exit far from certain, the prospect of barriers returning is very real. That is cause for concern for businesses on both sides of the border.

Agriculture sector particularly vulnerable

"It's a total disaster if we have Brexit because 20 years ago, we had nothing but traffic jams, security, soldiers searching you, customs searching you, guards searching you," said Gerard Crowe, a butcher who has been operating in the border town of Ballyconnell since 1987.

"It took an hour to cross the border most days, just for a one day trip. We'd hate to see that back," he told DW at his shop in the town (population 1,100), which is located about a mile (1.6 kilometers) from the border on the southern side.

At the moment he buys most of his meat from farmers in Ireland, but he says the majority of the ingredients and supplies he buys, as well as fresh chickens and turkeys, are bought from suppliers in Northern Ireland.

He says he has already cut back by around 40 percent on his accounts in the north due to the uncertainty caused by Brexit and has already noticed a drop-off in customers coming from over the border due to the fall in value of sterling (£).

The agricultural sector has plenty to lose on both sides of the border from any scenario that would see Britain and/or Northern Ireland no longer remain within the European Single Market or the EU Customs Union (EUCU).

Even if one of the many political proposals currently on the table avoids the worst-case scenario, the uncertainty is already doing damage according to Gareth Bannon, a free-range egg producer from the nearby town of Bawnboy.

"The big problem now is just how unknown everything is," he told DW. "We see it in the factory price for sheep at the moment, and beef for that matter. The uncertainty is driving costs up and the price of beef and lamb is on the floor at the minute in Ireland.

"Plus a lot of lamb comes from the north down here. That is going to stop and we don't know what effect that is going to have. The uncertainty is already causing me lots of worry in my business."

Politics versus economic reality

The concerns are universal, regardless of the side of the border, or the political persuasion. Tom Elliott is a prominent Unionist politician in Northern Ireland and was the leader of the Ulster Unionist Party from 2010-2012. He also runs a large beef farm close to the town of Ballinamallard, 18 miles north of the border.

He says Brexit is currently the biggest topic among the farming community on his side of the border and that there are plenty of concerns. For example, there are fears among sheep producers in Northern Ireland, given the volume of produce they sell across the border. There are also worries over what will replace the EU agricultural subsidies to Northern Irish farmers once the UK leaves.

However, Elliott also represents an alternative view. Although 56 percent of voters in Northern Ireland were against Brexit, there were still 350,000 people in the small region who voted to leave, the vast majority of them Unionist voters. He was one of them, and remains a supporter of Brexit.

He says his support for Brexit has been strengthened since the vote in June 2016 and he also believes the risks posed by Brexit to cross-border trade are being exaggerated. "I don't think you are going to see border customs all around the place, although I think there will be spot checks," he told DW at his political office in Enniskillen.

"But I actually see opportunities for businesses in the ROI (Republic of Ireland) and in Northern Ireland, in that they could have a business in both places. I have been advising companies in both places to set up bases on the other side of the border."

The hard data

Back in June, the Northern Ireland Statistics and Research Agency and the Irish Department of Finance published figures which showed the level of interconnectedness between the Irish and Northern Irish economies in terms of trade.

In 2016, 30 percent of Northern Irish exports, totaling £2 billion (€2.25 billion, $2.55 billion) were sent to Ireland. Although Unionists consistently point out that Northern Ireland sells more goods to Britain than Ireland, the volume going south and west of the border still accounts for a very significant chunk of the region's output.

Those exports are dominated by the food, agriculture, machinery and transport sectors, with almost three-quarters coming from small businesses.

The dependence of Irish exports on Northern Ireland as a market is much smaller, standing at around 1 percent. However, around 11 percent of Irish exports go to the UK as a whole. Some sectors are particularly reliant on the UK market — for example, around half of all Irish beef goes to the UK.

Uncertain future

While many Unionist politicians in Northern Ireland are starkly at odds with their Nationalist counterparts and indeed the Irish government when it comes to Brexit, the Northern Irish business community as a whole appears much more united and more closely aligned with its neighbors over the subject.

Last week, a delegation of Northern Irish business leaders, representing the groups Manufacturing NI, the Northern Ireland Food and Drink Association, the Northern Ireland Retail Consortium and the Freight Transport Association, went to London to speak to the House of Commons' "Exiting the European Union" Committee.

All were unanimous in their desire for a deal that preserves the trading status quo. "The vast bulk of people are sitting with their head in their hands," Stephen Kelly from the Manufacturing NI group told the committee. "The overall reaction is worry and concern."

As ever in the border region though, there is something of a sideways view as well. Harold Johnston has run his family's drapery store for 55 years in the town of Blacklion, literally across the bridge from Northern Ireland.

He says he is not worried about Brexit at all. "I wouldn't get too excited about it,” the 74-year-old told DW at his shop. "A while back, a sheep farmer says to me and another lad, ‘oh what will we do if the border is back?'. The other lad says back, ‘sure you made your money because of the border in the first place — smuggling sheep!'"

"Life will go on regardless."



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How can we punish someone against whom there's no proof: CJP

Chief Justice of Pakistan Justice Mian Saqib Nisar
Chief Justice of Pakistan Justice Mian Saqib Nisar on Thursday commented on the Asia Bibi case and said we are ready to sacrifice our lives for Prophet Muhammad (Peace Be Upon Him) but how can the court punish someone if there is no proof against them.

The top judge’s remarks came as he heard the federal government’s plea regarding the appointment of a new Islamabad inspector general of police (IGP) in light of the current security situation as protests are taking place across the country following the top court’s verdict acquitting Asia Bibi, a Christian woman sentenced to death over blasphemy allegations.

"We are ready to sacrifice our lives for the Prophet (Peace Be Upon Him)," Justice Nisar said. “But if there is no proof against someone then how can we punish them?” the chief justice remarked.

The top judge further said, “Blasphemy is not acceptable to anyone. No one’s faith is any less and we do not love the Prophet (Peace Be Upon Him) any less than anyone else but we are not just the qazis of Muslims.”

Referring to the 56-page judgment on Asia Bibi case, Justice Nisar said, "We started the judgment with the Kalma and constantly referred to the Holy Quran."

“Love does not mean that even if a case cannot be formed we make one. We uphold the Finality of the Prophethood and without it our faith is not complete. We have judges on our benches who are always reciting the Durood Sharif. We published the verdict in Urdu as well so the nation can read it,” he added.

Speaking about the ongoing protests following the top court's verdict acquitting Asia Bibi, Justice Nisar said, “The state should fulfil its responsibility to maintain peace in the country like the prime minister said last night.”

A day earlier, the Supreme Court acquitted Bibi and ordered her immediate release.

Prime Minister Imran Khan on Wednesday fully backed the Supreme Court's decision in the Asia Bibi case and warned protesters against clashing with the state. "I'm here only because a Supreme Court verdict was announced today. The way a small section reacted to it and the language that they used, I am forced to address you," PM Imran said.

"The decision of the judges is according to the constitution and Pakistan's constitution is according to the Holy Quran and Sunnah," he said, referring to Bibi's acquittal by the apex court.

The prime minister condemned some protesters for declaring the judges of the Supreme Court 'Wajib ul Qatl' and the army chief a 'non-Muslim'."They are inciting you for their own political gain, you should not get trapped by them for the sake of the country, they are doing no service to Islam," he said in the televised broadcast.

The prime minister noted that because of Pakistan's efforts, the European Court of Human Rights was forced to agree that disrespect of Prophet Muhammad (Peace Be Upon Him) is unlawful.

"How can a government or a country be run when individuals stand up and call for the execution of judges," he questioned. "Only enemies of the state call for execution of judges and rebellion against the army chief."

PM Imran appealed to the nation not to listen to such elements, warning the agitators not to clash with the state or hurt the country only for their vote bank and political gain. "If you do this, the state will fulfil its responsibility," he said.



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SC rejects govt's plea for appointment of new Islamabad IGP

The Supreme Court
The Supreme Court on Thursday rejected a federal government's plea regarding the appointment of a new Islamabad inspector general of police (IGP).

A three-judge bench headed by Chief Justice of Pakistan Justice Mian Saqib Nisar heard Attorney General of Pakistan (AGP) Khalid Jawed’s plea on the appointment of an IGP.

Earlier today, the AGP moved the top court and requested that "in light of the current security situation of the country, permission be granted for the appointment of a new IGP".

However, the chief justice said, “Instead of appointing a new IGP, give an additional charge to someone else.” Justice Nisar asked, "Had we not suspended the decision of the IGP's appointment, what would you have done?"

Speaking about the ongoing protests following the following the top court's verdict acquitting Asia Bibi, a Christian woman sentenced to death over blasphemy allegations, Justice Nisar said,“The state should fulfill its responsibility to maintain peace in the country like the prime minister said last night.”

“If a case cannot be formed against someone then how can we punish them?” he added. The top judge further remarked, “Blasphemy is not acceptable to anyone. No one’s faith is any less but we are not the qazis of Muslims.”

Referring to the SC verdict on Asia Bibi, Justice Nisar said, we started the judgment with the Kalma. “Love does not mean that even if a case cannot be formed we make one. We uphold the Finality of the Prophethood and without it our faith is not complete. We published the verdict in Urdu as well so the nation can read it,” he added.

IGP Muhammad was transferred on October 27 after he allegedly refused to take action on a complaint by Swati’s son regarding an incident at their farmhouse. The minister said he had tried to reach the police officer several times over the incident and after failing to do so messaged Prime Minister Imran Khan. The Supreme Court had taken suo motu notice of the transfer of the Islamabad IGP.

Jan Muhammad resumes charge

Meanwhile, Jan Muhammad, who returned from Malaysia this morning, resumed charge as Islamabad IGP.

Muhammad reviewed the security situation in the federal capital following the protests.

The Islamabad IGP, who was on leave to attend a course in Kuala Lumpur, was asked by the Interior Ministry to return to the country immediately.



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Indonesian divers locate crashed Lion Air black box

Lion Air crash probe proceeds while relatives grieve
After days of searching, divers have recovered a flight recorder from a Lion Air jet that crashed in Indonesia this week. Investigators hope the device will reveal why the Boeing 737 MAX 8 plane plunged into the sea.

Teams of divers in Indonesia found one of two flight recorders from Lion Air flight JT610, which went down with 189 people on board earlier this week, an official confirmed on Thursday.

It remains unclear whether the divers recovered the flight data recorder or the cockpit voice recorder, but both could contain key information that will help determine why the nearly brand-new plane crashed into the Java Sea just 13 minutes after takeoff.

The latest developments:

  • Footage broadcast on Indonesian television showed two divers surfacing with a bright orange device that was transferred to a search and rescue ship.
  • One of the divers, identified as navy 1st Sgt. Hendra, told local TV that he was able to locate the device despite strong currents. "I started digging and cleaning the debris until I finally found an orange object," he said.
  • The head of Indonesia's National Transportation Safety Committee, Soerjanto Tjahjono, confirmed the find to news agency AFP. "We don't know yet whether it's the FDR (flight data recorder) or CVR (cockpit voice recorder)," Tjahjono.
  • Both devices record information about the direction, altitude and speed of the plane as well as flight crew conversations.

Tragic crash: The Lion Air passenger plane crashed on Monday just 13 minutes after taking off from the Indonesia capital, Jakarta, with 189 people on board. The crash was Indonesia's worst airline disaster in two decades and sparked a massive search in the Java Sea. Data from flight-tracking sites show that the plane experienced erratic changes in its altitude and speed before it lost contact. Experts warn, however, that the data needs to be checked with the information in the black boxes to determine the cause.

Concerns over safety: The crash has raised questions about airline safety not only in Indonesia but also about the Boeing 737 MAX 8 plane. The jet had only been in service for around two months when the crash occurred, with Lion Air stating that both the pilot and co-pilot were highly experienced. However, the budget airline admitted that the new Boeing 737-MAX 8 experienced an unspecified technical issue on its previous flight from the island of Bali last Sunday.

What happens next: The data from the black box will need to be examined, with a preliminary report on the crash expected to be released within a month. A complete report may take months to complete. Meanwhile, search and rescue teams are continuing to look for the second flight recorder as well as the fuselage, or main body of the plane.



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Rights group: North Korean women face rampant sexual abuse

Rights group: North Korean women face rampant sexual abuse
Interviews with North Korean refugees and ex-officials reveal widespread sexual abuse and total impunity. Despite the horrendous scale of abuse against women, just five people were convicted of rape in 2015.

North Korean officials in positions of power regularly sexually abuse women without any repercussions, Human Rights Watch said in a report released Thursday.

Sexual violence against women is so widespread in the reclusive country that it "has come to be accepted as part of ordinary life," the New York-based watchdog said.

"Sexual violence in North Korea is an open, unaddressed, and widely tolerated secret," said Human Rights Watch's executive director Kenneth Roth. "North Korean woman would probably say 'Me Too' if they thought there was any way to obtain justice, but their voices are silenced in Kim Jong Un's dictatorship."

The report, "You Cry at Night but Don't Know Why," is based on interviews with 54 North Korean refugees and eight former North Korean officials.

High-ranking party members, prison guards, police, market officials, prosecutors and soldiers commit rape and other abuses against women with total impunity, according to HRW.

Fearful of retaliation or social stigma, and with few means to report sexual violence, North Korean women rarely report abuse. Reporting sexual violence may even lead to greater punishment, including beatings, detention and forced labor.

Corruption and unchecked abuse of power by men is exacerbated by hierarchical and patriarchal traditions in North Korean society, the report said.

Much of the sexual abuses were committed by police or security agents while women were in detention.

Women working in the burgeoning private markets also fall prey to market inspectors and other officials.

"On the days they felt like it, market guards or police officials could ask me to follow them to an empty room outside the market, or some other place they'd pick," said one former market trader "They consider us [sex] toys. We [women] are at the mercy of men."

North Korea doesn't recognize abuse against women as a problem. Data submitted by the regime to a UN panel on gender equality showed only five rape convictions in the whole country in 2015.

The release of the report comes as South Korea and the United States are diplomatically engaged with North Korea to denuclearize. With the focus on hard security issues, North Korea's abysmal human rights record has fallen by the wayside.



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