Iran upbeat on nuclear talks, West still wary


ALMATY (Reuters) - Iran was upbeat on Wednesday after talks with world powers about its nuclear work ended with an agreement to meet again, but Western officials said it had yet to take concrete steps to ease their fears of a secret weapons program.


The United States, China, France, Russia, Britain and Germany offered to ease sanctions slightly in return for Iran curbing its most sensitive work, but had made clear they expected no breakthrough in the talks in Kazakhstan, the first in eight months.


U.S. Secretary of State John Kerry said the talks had been "useful" and that a serious engagement by Iran could lead to a comprehensive deal in a decade-old dispute that has threatened to trigger a new Middle East war.


Iran's foreign minister said in Vienna he was "very confident" a deal could be reached and its chief negotiator said he believed the Almaty meeting could be a "turning point".


The two sides agreed to hold expert-level talks in Istanbul on March 18 to discuss the offer, and return to Almaty for political discussions on April 5-6, when Western diplomats made clear they wanted to see substantive movement by Iran.


"Iran knows what it needs to do, the president has made clear his determination to implement his policy that Iran will not have a nuclear weapon," Kerry said in Paris.


A senior U.S. official in Almaty added: "What we care about at the end is concrete results."


ISRAELI WARNING


Israel, assumed to be the Middle East's only nuclear-armed power, was watching the talks closely. It has strongly hinted it might attack Iran if diplomacy and sanctions fail to ensure that it cannot build a nuclear weapon. Iran denies any such aim.


Israeli Prime Minister Benjamin Netanyahu said economic sanctions were failing and urged the international community to threaten Iran with military action.


Western officials said the offer presented by the six powers included an easing of a ban on trade in gold and other precious metals, and a relaxation of an import embargo on Iranian petrochemical products. They gave no further details.


In exchange, a senior U.S. official said, Iran would among other things have to suspend uranium enrichment to a fissile concentration of 20 percent at its Fordow underground facility and "constrain the ability to quickly resume operations there".


This appeared to be a softening of a previous demand that Iran ship out its entire stockpile of higher-grade enriched uranium, which it says it needs to produce medical isotopes.


Iran says it has a sovereign right to enrich uranium for peaceful purposes, and wants to fuel nuclear power plants so that it can export more oil.


But 20-percent purity is far higher than that needed for nuclear power, and rings alarm bells abroad because it is only a short technical step away from weapons-grade.


Iran's growing stockpile of 20-percent-enriched uranium is already more than half-way to a "red line" that Israel has made clear it would consider sufficient for a bomb.


ELECTION LOOMING


The U.S. official said the latest proposal would "significantly restrict the accumulation of near-20-percent enriched uranium in Iran, while enabling the Iranians to produce sufficient fuel" for their Tehran medical reactor.


Iran had previously indicated that 20-percent enrichment was up for negotiation if it received the fuel from abroad instead.


Chief negotiator Saeed Jalili suggested Iran could discuss the issue, although he appeared to rule out shutting down Fordow. He said the powers had not made that specific demand.


Western officials were aware that the closeness of Iran's presidential election in June is raising political tensions in Tehran and made rapid progress unlikely.


One diplomat in Almaty said the Iranians appeared to be suggesting at the negotiations that they were opening new avenues, but that it was not clear if this was really the case.


"Everyone is saying Iran was more positive and portrayed the talks as a win," said Iran expert Dina Esfandiary of the International Institute for Strategic Studies. "I reckon the reason for that is that they are saving face internally while buying time with the West until after the elections."


The Iranian rial, which has lost more than half its foreign exchange value in the last year as sanctions bite, rose some 2 percent on Wednesday, currency tracking web sites reported.


(Additional reporting by Fredrik Dahl in Almaty, Georgina Prodhan in Vienna, Zahra Hosseinian in Zurich, Gabriela Baczynska in Moscow, Dan Williams in Jerusalem and Marcus George in Dubai; Writing by Timothy Heritage and Fredrik Dahl; Editing by Kevin Liffey)



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US "can't dictate" to the world: Pentagon's new chief






WASHINGTON: America cannot "dictate to the world" and must work with allies and build relationships with other nations, US Defense Secretary Chuck Hagel said shortly after being sworn in Wednesday as the new Pentagon chief.

On his first day at the job, Hagel reinforced his reputation as a reluctant warrior as he told an auditorium of civilian officials and military officers that America was a powerful country but could not accomplish its goals without forging strong alliances.

"I've always believed that America's role in the world ... has been one that should engage the world. We can't dictate to the world. But we must engage in the world," Hagel said.

"No nation, as great as America is, can do this on their own. We need to continue to build on the strong relationships that we have built."

Defense secretaries often adopt a tough tone to signal resolve to America's adversaries, but Hagel's comments echoed President Barack Obama's emphasis on extricating the country from a decade of ground wars in Iraq and Afghanistan.

US troops have pulled out of Iraq in 2011 and roughly 66,000 American forces are due to withdraw from Afghanistan by the end of 2014, a drawdown that Hagel will be charged with overseeing.

Hagel told the Pentagon audience that the United States was ultimately a force "for good."

"We make mistakes. We've made mistakes. We'll continue to make mistakes.

"But we are a force for good. And we should never, ever forget that, and we should always keep that out in front as much as any one thing that drives us every day."

Hagel, 66, took his oath of office at about 8:30 am (1330 GMT) at the Pentagon as his wife looked on, becoming the first combat veteran from the Vietnam conflict to take up the post.

In his remarks to Pentagon employees, Hagel spoke without notes and struck an upbeat tone despite a nasty debate in the Senate over his nomination that saw him struggle to win enough votes for confirmation.

Despite the bitter atmosphere that prevailed at his confirmation hearing, in which he was pummeled by his former Republican colleagues over his statements on Iran and Israel, officials said Hagel would seek to cooperate with Congress.

"Senator Hagel has signaled his very strong commitment right away to get down to business, to get deeply invested in the work of the Pentagon and its military and civilian workers," Pentagon spokesman George Little told reporters Tuesday.

"His goal is to look to the future."

Although Hagel's opponents failed in the end to derail his nomination, their hostile stance signaled that the former infantryman would have little breathing room when it comes to working with Congress, without the kind of bipartisan support some of his predecessors enjoyed.

After a bruising Senate confirmation hearing and a 10-day delay engineered by Republicans, senators voted 58-41 to approve Hagel on Tuesday. But in 2011, senators approved his predecessor, Leon Panetta, for the job by a unanimous vote.

Within 48 hours after being sworn in, Hagel will confront steep automatic cuts to the Pentagon's budget of roughly $46 billion which are due to kick in Friday amid political deadlock in Congress.

He also will have to grapple with a major troop withdrawal from Afghanistan, renewed threats posed by a defiant North Korea and turmoil in the Middle East.

Hagel's searing experience in the jungles of Vietnam has shaped his cautious view of military power, and he has often said war should be a last resort only after diplomacy has been exhausted.

In Vietnam, Hagel served with his brother as an infantry squad leader and saw combat first-hand in the Mekong Delta, earning two Purple Hearts after suffering shrapnel wounds to his chest and burns to his face.

He still has some shrapnel fragments lodged in his chest.

-AFP/ac



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Thomas’s remark can erode faith in judiciary, say jurists

NEW DELHI: More than 12 years after he presided over a 3-judge Supreme Court bench that unanimously upheld death penalty to Rajiv Gandhi assassination case convicts Murugan, Perarivalan and Santhan, Justice K T Thomas raised many eyebrows by advocating a review of capital punishment awarded to them.

Former Chief Justice of India V N Khare said it was not open for a retired judge to comment on his own judgment and said such statements of retired judges about their own judgment would tarnish the sanctity of judicial decisions.

Former Attorney General Soli J Sorabjee was more categorical in his criticism. He said: "Such statements after retirement bring discredit to the judicial system. If the judgment was wrong, then the judge while on the bench ought to have initiated suo motu remedial process of review. He should have taken steps while being a judge and not comment on the correctness of his judgment after retirement."

Justice Thomas had said it was his "misfortune" to have presided the bench, also comprising Justices D P Wadhwa and S S M Quadri, and awarded death penalties to the three convicted for participating in the conspiracy to kill the former Prime Minster.

He had also said the judgment was "technically" not correct as the bench had not considered "the nature and character of the accused" as required prior to classifying a case under "rarest of rare" category to award capital punishment. He said three convicts have already undergone 22 years of incarceration which was more than a life sentence and hence execution of death penalty would be unconstitutional as it would amount to punishing them twice over.

On Tuesday TOI spoke to Justice Thomas again. He justified his statement and said: "If a serving judge can review his judgment, then a retired judge would stand on a higher footing to comment on his earlier judgment. If I am convinced that the earlier view was not correct, then as a retired judge I am in a better position to comment on it."

Former CJI Khare said it was easier to feel wiser after retirement. "When a judge decides a case, he focuses mainly on evidence and law. But, his ideology and knowledge gained from experience too play some part in arriving at a conclusion. Strictly speaking, a decision rendered at a certain point of time should never be questioned by the judge who had authored it" he said.

Prolonged incarceration, conduct of a condemned convict while in jail, his repentance and abhorrence to the ideology which had driven him to commit murders - are all grounds to be considered by the President in a mercy petition, Justice Khare said.

Justice Khare gave the example of the Supreme Court's 1976 judgment in A D M Jabalpur case upholding the draconian provisions of Emergency, including suspension of fundamental right to life by the government. "Take for example the Emergency judgment. It is easy for a judge to feel sorry about it. But, lakhs of people were thrown into jail. So, a judge will remain accountable to the judgment he had given. Change of mind in later years to term the judgment incorrect will not do," he said.

Sentiments of the former CJI had found mention in the Supreme Court's judgment in Rajiv assassination case. In overcoming the dilemma to award death penalty to Nalini, Justice Quadri in his judgment had said: "In dispensing justice a Judge is not only discharging a sovereign function but he is also doing a divine function. Even so, the most difficult task for a Judge is to choose the punishment of death in preference to life imprisonment for he is conscious of the fact that once the life of a person is taken away by a judicial order it cannot be restored by another judicial order of the highest authority in this world."

"Having taken upon himself the onerous responsibility of doing justice according to Constitution and the laws, the Judge must become independent of his conviction and ideology to maintain the balance of scales of Justice," Justice Quadri had said on May 11, 1999.

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C. Everett Koop, 'rock star' surgeon general, dies


NEW YORK (AP) — Dr. C. Everett Koop has long been regarded as the nation's doctor— even though it has been nearly a quarter-century since he was surgeon general.


Koop, who died Monday at his home in Hanover, N.H., at age 96, was by far the best known and most influential person to carry that title. Koop, a 6-foot-1 evangelical Presbyterian with a biblical prophet's beard, donned a public health uniform in the early 1980s and became an enduring, science-based national spokesman on health issues.


He served for eight years during the Reagan administration and was a breed apart from his political bosses. He thundered about the evils of tobacco companies during a multiyear campaign to drive down smoking rates, and he became the government's spokesman on AIDS when it was still considered a "gay disease" by much of the public.


"He really changed the national conversation, and he showed real courage in pursuing the duties of his job," said Chris Collins, a vice president of amfAR, the Foundation for AIDS Research.


Even before that, he had been a leading figure in medicine. He was one of the first U.S. doctors to specialize in pediatric surgery at a time when children with complicated conditions were often simply written off as untreatable. In the 1950s, he drew national headlines for innovative surgeries such as separating conjoined twins.


His medical heroics are well noted, but he may be better remembered for transforming from a pariah in the eyes of the public health community into a remarkable servant who elevated the influence of the surgeon general — if only temporarily.


"He set the bar high for all who followed in his footsteps," said Dr. Richard Carmona, who served as surgeon general a decade later under President George W. Bush.


Koop's religious beliefs grew after the 1968 death of his son David in a mountain-climbing accident, and he became an outspoken opponent of abortion. His activism is what brought him to the attention of the administration of President Ronald Reagan, who decided to nominate him for surgeon general in 1981. Though once a position with real power, surgeon generals had been stripped of most of their responsibilities in the 1960s.


By the time Koop got the job, the position was kind of a glorified health educator.


But Koop ran with it. One of his early steps involved the admiral's uniform that is bestowed to the surgeon general but that Koop's predecessors had worn only on ceremonial occasions. In his first year in the post, Koop stopped wearing his trademark bowties and suit jackets and instead began wearing the uniform, seeing it as a way to raise the visual prestige of the office.


In those military suits, he surprised the officials who had appointed him by setting aside his religious beliefs and feelings about abortion and instead waging a series of science-based public health crusades.


He was arguably most effective on smoking. He issued a series of reports that detailed the dangers of tobacco smoke, and in speeches began calling for a smoke-free society by the year 2000. He didn't get his wish, but smoking rates did drop from 38 percent to 27 percent while he was in office — a huge decline.


Koop led other groundbreaking initiatives, but perhaps none is better remembered than his work on AIDS.


The disease was first identified in 1981, before Koop was officially in office, and it changed U.S. society. It destroyed the body's immune system and led to ghastly death, but initially was identified in gay men, and many people thought of it as something most heterosexuals didn't have to worry about.


U.S. scientists worked hard to identify the virus and work on ways to fight it, but the government's health education and policy efforts moved far more slowly. Reagan for years was silent on the issue. Following mounting criticism, Reagan in 1986 asked Koop to prepare a report on AIDS for the American public.


His report, released later that year, stressed that AIDS was a threat to all Americans and called for wider use of condoms and more comprehensive sex education, as early as the third grade. He went on to speak frankly about AIDS in an HBO special and engineered the mailing of an educational pamphlet on AIDS to more than 100 million U.S. households in 1988.


Koop personally opposed homosexuality and believed sex should be saved for marriage. But he insisted that Americans, especially young people, must not die because they were deprived of explicit information about how HIV was transmitted.


Koop's speeches and empathetic approach made him a hero to a wide swath of America, including public health workers, gay activists and journalists. Some called him a "scientific Bruce Springsteen." AIDS activists chanted "Koop, Koop" at his appearances and booed other officials.


"I was walking down the street with him one time" about five years ago, recalled Dr. George Wohlreich, director of the College of Physicians of Philadelphia, a medical society with which Koop had longstanding ties. "People were yelling out, 'There goes Dr. Koop!' You'd have thought he was a rock star."


Koop angered conservatives by refusing to issue a report requested by the Reagan White House, saying he could not find enough scientific evidence to determine whether abortion has harmful psychological effects on women.


He got static from some staff at the White House for his actions, but Reagan himself never tried to silence Koop. At a congressional hearing in 2007, Koop spoke about political pressure on the surgeon general post. He said Reagan was pressed to fire him every day.


After his death was reported Monday, the tributes poured forth, including a statement from New York Mayor Michael Bloomberg, who has made smoking restrictions a hallmark of his tenure.


"The nation has lost a visionary public health leader today with the passing of former Surgeon General C. Everett Koop, who was born and raised in Brooklyn," Bloomberg said. "Outspoken on the dangers of smoking, his leadership led to stronger warning labels on cigarettes and increased awareness about second-hand smoke, creating an environment that helped millions of Americans to stop smoking — and setting the stage for the dramatic changes in smoking laws that have occurred over the past decade."


Dr. Anthony Fauci of the National Institutes of Health taught Koop what was known about AIDS during quiet after-hours talks in the early 1980s and became a close friend.


"A less strong person would have bent under the pressure," Fauci said. "He was driven by what's the right thing to do."


Carmona, a surgeon general years later, said Koop was a mentor who preached the importance of staying true to the science in speeches and reports — even when it made certain politicians uncomfortable.


"We remember him for the example he set for all of us," Carmona said.


Koop's nomination originally was met with staunch opposition. Women's groups and liberal politicians complained Reagan had selected him only because of his conservative views, especially his staunch opposition to abortion.


Foes noted that Koop traveled the country in 1979 and 1980 giving speeches that predicted a progression "from liberalized abortion to infanticide to passive euthanasia to active euthanasia, indeed to the very beginnings of the political climate that led to Auschwitz, Dachau and Belsen."


But Koop, a devout Presbyterian, was confirmed as surgeon general after he told a Senate panel he would not use the post to promote his religious ideology. He kept his word and eventually won wide respect with his blend of old-fashioned values, pragmatism and empathy.


Koop was modest about his accomplishments, saying before leaving office in 1989, "My only influence was through moral suasion."


The office declined after that. Few of his successors had his speaking ability or stage presence. Fewer still were able to secure the support of key political bosses and overcome the meddling of everyone else. The office gradually lost prestige and visibility, and now has come to a point where most people can't name the current surgeon general. (It's Dr. Regina Benjamin.)


Even after leaving office, Koop continued to promote public health causes, from preventing childhood accidents to better training for doctors.


"I will use the written word, the spoken word and whatever I can in the electronic media to deliver health messages to this country as long as people will listen," he promised.


In 1996, he rapped Republican presidential hopeful Bob Dole for suggesting that tobacco was not invariably addictive, saying Dole's comments "either exposed his abysmal lack of knowledge of nicotine addiction or his blind support of the tobacco industry."


He maintained his personal opposition to abortion. After he left office, he told medical students it violated their Hippocratic oath. In 2009, he wrote to Senate Majority Leader Harry Reid, urging that health care legislation include a provision to ensure doctors and medical students would not be forced to perform abortions. The letter briefly set off a security scare because it was hand delivered.


Koop served as chairman of the National Safe Kids Campaign and as an adviser to President Bill Clinton's health care reform plan.


Worried that medicine had lost old-fashioned caring and personal relationships between doctors and patients, Koop opened an institute at Dartmouth College in New Hampshire to teach medical students basic values and ethics. He also was a part-owner of a short-lived venture, drkoop.com, to provide consumer health care information via the Internet.


Koop was the only son of a Manhattan banker and the nephew of a doctor. He said by age 5 he knew he wanted to be a surgeon and at age 13 he practiced his skills on neighborhood cats. He attended Dartmouth, where he received the nickname Chick, short for "chicken Koop." It stuck for life.


He received his medical degree at Cornell Medical College, choosing pediatric surgery because so few surgeons practiced it. In 1938, he married Elizabeth Flanagan, the daughter of a Connecticut doctor. They had four children. Koop's wife died in 2007, and he married Cora Hogue in 2010.


He was appointed surgeon-in-chief at Children's Hospital in Philadelphia and served as a professor at the University of Pennsylvania School of Medicine. He pioneered surgery on newborns and successfully separated three sets of conjoined twins. He won national acclaim by reconstructing the chest of a baby born with the heart outside the body.


Although raised as a Baptist, he was drawn to a Presbyterian church near the hospital, where he developed an abiding faith. He began praying at the bedside of his young patients — ignoring the snickers of some of his colleagues.


___


Contributing to this report were Associated Press writers Wilson Ring in Montpelier, Vt.; Jeff McMillan in Philadelphia; and AP Medical Writer Lauran Neergaard in Washington.


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Boehner Pressures Dems to Get 'Off Their...'





Feb 26, 2013 12:48pm


House Speaker John Boehner used some choice words to pressure Senate Democrats to avert the looming sequester — $85 billion of arbitrary across-the-board cuts — insisting that “the House has done its job” and the burden to offer an alternative before the cuts strike Friday is on the president’s party.


“We have moved the bill in the House twice,” Boehner, R-Ohio, said. “We should not have to move a third bill before the Senate gets off their ass and begins to do something.”


House Republicans voted twice during the 112th Congress to narrowly pass legislation to offset sequestration with alternative savings, but those measures languished in the Senate and expired with the end of the session.


Read More About Sequestration


Boehner also criticized President Obama for taking a Virginia road trip “to use our military men and women as a prop in yet another campaign rally to support his tax hikes.”


“I don’t think the president’s focused on trying to find a solution to the sequester,” he said. “For 16 months, the president’s been traveling all over the country holding rallies, instead of sitting down with Senate leaders in order to try to forge an agreement over there in order to move the bill.”


Considering Republicans have not acted in the current session of Congress on any legislation to replace the sequester, House Democrats question whether there is sufficient support to pass the old GOP proposal.


“I don’t think I need to give the Speaker a lesson in legislating or how government runs, but whatever was done last year that didn’t get signed into law has evaporated. It is gone. It does not exist,” California Democratic Rep. Xavier Becerra, the chairman of the House Democratic Caucus, said today. “This is a new year, a new session of Congress and it’s time for everyone to get to work.”


Boehner deflected a question whether he believes his weakened majority could pass the Republican bill again, and returned his attention to pushing for a vote in the Senate.


“It’s time for the Senate to act. It’s not about the House,” he responded. “We’ve acted.”


Related: Sequester Timeline – When Will Cuts Kick In?


“Where’s the president’s plan to avoid the sequester? Have you seen one? I haven’t seen one. All I’ve heard is that he wants to raise taxes again. Where’s the president’s plan? Where’s the Senate Democrat plan? I want to see it.”


Senate leaders are expected to introduce and vote on their respective plans later this week, perhaps by Thursday.


Senate Majority Leader Harry Reid accused Congressional Republicans of being “part of the problem” in finding a solution to the upcoming cuts, pressing for new tax increases to help offset the sequester.


“We want to work with Republicans to come to a balanced responsible way to reduce this sequester, the impact of it.  My republican colleagues are standing in the way,” Reid, D-Nev., said on the Senate floor. “They only want cuts and more cuts.”


Related: States Prepare for Sequester


Although Senate Minority Leader Mitch McConnell has said he is not interested in a last-minute deal, Boehner said “If the Senate acts, I’m sure the House will act quickly.”


The House is meeting for legislation business today, although no action to avert the sequester is expected. The House also meets Wednesday and Thursday, but is currently not expected to be in session on Friday.


ABC News’ Arlette Saenz contributed to this report




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World powers, Iran exchange offers at "useful" talks






ALMATY, Kazakhstan: World powers and Iran on Tuesday exchanged offers at "useful" talks in Kazakhstan aimed at breaking a decade of deadlock over Tehran's disputed nuclear drive.

The meeting in the Kazakh city of Almaty comes as sanctions bite against the Islamic republic and Israel still refuses to rule out air strikes to knock out Iran's suspected nuclear weapons drive.

There was no hint of an initial breakthrough with the first round of closed-door meetings stretching late into Tuesday evening as the parties agreed to resume the talks on Wednesday.

"We had a useful meeting today. Discussions took place this evening, (and) we are meeting again tomorrow," said a Western official.

"We hope very much that the Iranian side comes back (on Wednesday) showing flexibility and a willingness to negotiate," added the spokesman for EU foreign affairs chief Catherine Ashton.

"The ball is very much in their court," Michael Mann stressed.

A Western source said the world powers are offering Iran permission to resume its gold and precious metals trade as well as some international banking activity which are currently under sanctions.

Iran in exchange will have to limit sensitive uranium enrichment operations that the world powers fear could be used to make a nuclear bomb.

"We have come here with a revised offer and we have come to engage with Iran in a meaningful way," Ashton said on behalf of the world powers at the start of the negotiations.

Iran would have to stop enriching uranium to 20 percent and shut down its controversial Fordo plant where such activity occurs.

An Iranian source told AFP Tehran had come up with a counter-offer whose final nature would be determined by terms posed by the big powers.

The source stressed "there was no question" of Tehran closing the Fordo plant where uranium is enriched to up to 20 percent -- a level seen as being within technical reach of weapons-grade matter.

But he added that Iran could envisage halting the enrichment of uranium to 20 percent if all international sanctions against it were dropped.

"A diplomatic path"

US Secretary of State John Kerry said on a visit to Berlin that there is a "diplomatic path" in the nuclear crisis and expressed hope that "Iran itself will make its choice to move down the path of a diplomatic solution."

The talks pit the five permanent UN Security Council members and Germany against the Iranian team of top nuclear negotiator Saeed Jalili.

The talks are the first such encounter since a meeting in Moscow in June 2012 and Iranian officials have doused expectations by insisting they will offer no special concessions.

"It's clear that no one expects everyone to walk out of here in Almaty with a done deal. This is a negotiating process," Ashton's spokesman Mann said.

Iran denies it is developing nuclear weapons and wants the world to respect its "right" to enrich uranium -- something current UN sanctions say it cannot do because of its refusal to cooperate with nuclear inspectors.

The Iranians went into the talks by issuing a string of comments suggesting they were willing to listen to offers without softening their own position.

"We will not accept anything beyond our obligations and will not accept anything less than our rights," Jalili declared before setting off for Kazakhstan.

Russian Deputy Foreign Minister Sergei Ryabkov said Moscow was hoping that the talks would now move into a phase of "bargaining" rather than just offering proposals.

"There needs to be a political will to move into that phase. We call on all participants not to lose any more time," he said, quoted by Russian news agencies.

The talks come with the lingering threat of Israel launching a unilateral strike on Iran just as it had done against the Osirak nuclear reactor in Saddam Hussein's Iraq in 1981.

Iran already has a nuclear power plant in the southern city of Bushehr -- built with Russian help -- but Iran's supreme leader Ayatollah Ali Khamenei has described atomic weapons as a "sin".

-AFP/ac



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CBI names former Air chief Shashi P Tyagi in Agusta kickbacks scandal

NEW DELHI: The Central Bureau of Investigation (CBI) on Monday launched formal investigations into alleged bribes in the Rs 3,546-crore AgustaWestland VVIP helicopter deal, naming 11 people including former Air Chief Marshal Shashi P Tyagi, three of his cousins and a former top official of Italian firm Finmeccanica.

The preliminary inquiry registered by the CBI into the alleged payment of Rs 362 crore as kickbacks gives a fresh impetus to allegations about the deal being marred by bribes paid to Indians with the agency naming former Finmeccanica chairperson Giuseppe Orsi and its UK-based subsidiary AgustaWestland.

This is the second time that a military chief has been named in a case of relating to alleged manipulation of military contracts against favours received from middlemen — the first being in 1987 when CBI had raided former Navy chief Admiral S M Nanda in the HDW scandal.

Former navy chief Admiral Sushil Kumar was named in CBI's FIR in 2006 into Barak missile purchase, but he was not investigated for receiving kickbacks.

Expressing confidence in the agency's ability to investigate the case, CBI Director Ranjit Sinha told TOI, "We have got reliable documents in the case from Italy to go ahead with the probe." Other senior CBI officials said there was prima facie evidence to show Tyagi took favours from AgustaWestland and the contract was compromised.

Tyagui's cousins Julie Tyagi, Docsa (Dr Rajiv) Tyagi and Sandeep Tyagi are also named and will be investigated for being conduits for the kickbacks. The PE also names advocate Gautam Khaitan, Aeromatrix CEO Praveen Bakshi, AgustaWestland CEO Bruno Spagnolini, and three key middlemen —Guido Ralph Haschke, his partner Carlo Valentino Ferdinando Gerosa and Christian Michel.

The companies named by CBI are AgustaWestland, Finmeccanica, Aeromatrix and IDS Infotech.

The CBI investigations, particularly an interim report on allegations that money was received by Tyagi cousins and routed to bribe recipients and specifications were altered and trials tweaked to boost AgustaWestland prospects may influence the defence ministry's thinking on whether to cancel the contract.

CBI has already spoken to Spagnolini and now a formal Letter Rogatory (LR) would be dispatched to Italy for more information.

A CBI team, which returned from Italy on Sunday, has managed to get documents relating to the Italian firms that include mode of payments made by Indian Air Force (IAF) and investigations by Italian Police. Sources say they will look into bank accounts of named Indian suspects to trace the kickbacks.

According to Italian court documents, the total kickbacks was Rs 362 crore (51 million euro) in the 2010 purchase of 12 AW-101 helicopters for the use by President, Prime Minister and other VVIPs.

"It is alleged that in the procurement process of the helicopters, some middlemen have influenced the deal in favour of UK-based company. It is also alleged that Italy based company paid commission in terms of several millions of euro to the middlemen. The two middlemen from their share of commission allegedly paid huge sums of money to several Indian nationals through Tunisia and Mauritius route in the garb of engineering contracts with two India-based companies," said a CBI spokesperson.

All the suspects, including S P Tyagi, named by the CBI in its preliminary enquiry have earlier denied allegations of kickbacks in the deal. The accused are expected to be called in for questioning by CBI soon, and the agency would also formally seek all relevant documents from the ministry of defence and IAF. Sources said some other IAF officers, apart from Tyagi, who were directly or indirectly connected with the deal, would also be probed.

The story of the complex web of kickbacks and middlemen began to unravel in investigations in Italy that began sometime last year. Secret recordings in cars of the accused and taps of their telephone lines as well as documents seized from their homes and Finmeccanica offices revealed phony contracts and front companies created to pay 51 million euro as kickbacks in the VVIP helicopter deal with India.

According to Italian court documents and other investigations, tax havens of Tunisia, Mauritius, and possibly Dubai and Singapore, besides the UK, Italy and India were used for routing the huge kickbacks. Some of the payments to Tyagi family were delivered in cash.

The Italian agencies arrested Orsi, former Finmeccanica CEO, on February 15 on charges of paying bribes for the Indian deal.

In their report, Italian investigators' has alleged that Tyagi brothers — Julie, Docsa (doc sa'ab in Hindi) and Sandeep — who are cousins of S P Tyagi received payoffs which were further distributed among officials. The report also alleged Orsi paid bribes through middlemen Haschke, Gerosa and Michel. Some of the payments were routed to India through IDS Infotech, IDS Tunisia and IDS Mauritius. While Haschke and Gerosa handled 21 million euro, Michel handled 30 million euro. The suspicion is that Haschke and Gerosa were handling air force, while Michel was dealing with politicians and bureaucrats.

Italian prosecutors have alleged that Hashcke and Gerosa, through the Tyagi brothers and their cousin S P Tyagi managed to change the tender details, modifying the operational ceiling from 18,000 to 15,000 feet of altitude, thus allowing AgustaWestland helicopter to qualify. It is also alleged that S P Tyagi introduced a comparative flight trial with a non-functional engine, thus giving a huge advantage to AgustaWestland's helicopters, the only ones with three engines.

After the arrest of Orsi and Bruno in Italy, the Indian defence ministry ordered a probe. The ministry also placed the entire contract on hold, while serving a show cause on AgustaWestland for termination of the contract.

In the absence of any credible evidence from the ministry to proceed with investigation, a team of CBI officials, accompanied by a joint secretary from the MoD, went to Italy to procure information from there.

Meanwhile, MoD sources said that they were awaiting a formal interim report from the CBI, as well as the report by its joint secretary who was part of the probe team that visited Italy, before deciding the next course of action. The ministry will seek further clarifications from AgustaWestland after the company replied to the show-cause notice for cancellation of contract from the MoD.

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FDA approves new targeted breast cancer drug


WASHINGTON (AP) — The Food and Drug Administration has approved a first-of-a-kind breast cancer medication that targets tumor cells while sparing healthy ones.


The drug Kadcyla from Roche combines the established drug Herceptin with a powerful chemotherapy drug and a third chemical linking the medicines together. The chemical keeps the cocktail intact until it binds to a cancer cell, delivering a potent dose of anti-tumor poison.


Cancer researchers say the drug is an important step forward because it delivers more medication while reducing the unpleasant side effects of chemotherapy.


"This antibody goes seeking out the tumor cells, gets internalized and then explodes them from within. So it's very kind and gentle on the patients — there's no hair loss, no nausea, no vomiting," said Dr. Melody Cobleigh of Rush University Medical Center. "It's a revolutionary way of treating cancer."


Cobleigh helped conduct the key studies of the drug at the Chicago facility.


The FDA approved the new treatment for about 20 percent of breast cancer patients with a form of the disease that is typically more aggressive and less responsive to hormone therapy. These patients have tumors that overproduce a protein known as HER-2. Breast cancer is the second most deadly form of cancer in U.S. women, and is expected to kill more than 39,000 Americans this year, according to the National Cancer Institute.


The approval will help Roche's Genentech unit build on the blockbuster success of Herceptin, which has long dominated the breast cancer marketplace. The drug had sales of roughly $6 billion last year.


Genentech said Friday that Kadcyla will cost $9,800 per month, compared to $4,500 per month for regular Herceptin. The company estimates a full course of Kadcyla, about nine months of medicine, will cost $94,000.


FDA scientists said they approved the drug based on company studies showing Kadcyla delayed the progression of breast cancer by several months. Researchers reported last year that patients treated with the drug lived 9.6 months before death or the spread of their disease, compared with a little more than six months for patients treated with two other standard drugs, Tykerb and Xeloda.


Overall, patients taking Kadcyla lived about 2.6 years, compared with 2 years for patients taking the other drugs.


FDA specifically approved the drug for patients with advanced breast cancer who have already been treated with Herceptin and taxane, a widely used chemotherapy drug. Doctors are not required to follow FDA prescribing guidelines, and cancer researchers say the drug could have great potential in patients with earlier forms of breast cancer


Kadcyla will carry a boxed warning, the most severe type, alerting doctors and patients that the drug can cause liver toxicity, heart problems and potentially death. The drug can also cause severe birth defects and should not be used by pregnant women.


Kadcyla was developed by South San Francisco-based Genentech using drug-binding technology licensed from Waltham, Mass.-based ImmunoGen. The company developed the chemical that keeps the drug cocktail together and is scheduled to receive a $10.5 million payment from Genentech on the FDA decision. The company will also receive additional royalties on the drug's sales.


Shares of ImmunoGen Inc. rose 2 cents to $14.32 in afternoon trading. The stock has ttraded in a 52-wek range of $10.85 to $18.10.


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Secret Vatican Dossier for 'Pope's Eyes Only'





Feb 25, 2013 9:05am


ROME – Pope Benedict XVI decided to keep secret the contents of an investigative report on the “Vatileaks” scandal, ruling that the only person who will get to see it will be the next pope.


The top secret dossier details the findings of an internal investigation the pope launch last April into the so-called Vatileaks affair, in which Benedict’s former butler leaked confidential documents stolen from the papal chambers.


Italian newspapers have claimed — without attribution — that the investigation revealed a sex and blackmail scandal inside the curia.


The Vatican spokesman today underscored that the contents of the dossier are known only to the pope and his investigators, three elderly prelates whom the Italian papers have nicknamed “the 007 cardinals.”


Pope Benedict met today with Cardinals Julian Herranz of Spain, Jozef Tomko of Slovakia, and Salvatore De Giorgi of Sicily in a private audience.


According to the Vatican, the pope thanked them for their work and expressed satisfaction with their investigation.


“Their work made it possible to detect, given the limitations and imperfections of the human factor of every institution, the generosity and dedication of those who work with uprightness and generosity in the Holy See,” read a Vatican statement.


The Vatican statement pointedly added: “The Holy Father has decided that the acts of this investigation, known only to himself, remain solely at the disposition of the new pope.”


Many here had expected the investigating cardinals, who are too old to participate in the conclave, would brief the voting cardinals about their findings.


Today Vatican officials clarified the investigating cardinals will be free to discuss their investigation with the other cardinals, as the voting members of the conclave seek to understand the challenges the next pope will face.


But the dossier itself will remain “For the Pope’s Eyes Only.”




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Italy election forecasts point to political gridlock


ROME (Reuters) - Conflicting early forecasts of the result of Italy's election on Monday raised the specter of deadlock in parliament that could paralyze a new government and re-ignite the euro zone crisis.


Officials from both centre and left warned that such gridlock could make Italy ungovernable and force new elections.


Opinion polls have long pointed to the center-left of Pier Luigi Bersani winning the lower house, but projections from RAI state television showed Silvio Berlusconi's center right in front in the Senate - which has equal lawmaking power - but unable to form a majority.


RAI showed the center-left well short of a majority in the Senate even in coalition with Monti, who was seen slumping to only 19 out of 315 elected Senators against a massive 65 for the anti-establishment 5-Star Movement of comedian Beppe Grillo.


Senate votes are counted before the lower house.


The latest projections ran counter to earlier telephone polls that showed the center left taking a strong lead in the Senate as well as the lower house.


Italian financial markets took fright after rising earlier on hopes for a stable and strong center-left led government, probably backed by outgoing technocrat premier Mario Monti.


Such government is seen by investors as the best guarantee of measures to combat a deep recession and stagnant growth in the euro zone's third largest economy, which is pivotal to stability in the currency union.


Berlusconi's declared aim is to win enough power in the Senate to paralyze a center-left administration.


The benchmark spread between Italian 10-year bonds and their German equivalent widened from below 260 basis points to above 280 and the Italian share index lost all its previous gains.


"These projections suggest that we are heading for an ungovernable situation", said Mario Secchi, a candidate for Monti's centrist movement.


Stefano Fassina, chief economic official for Bersani's center-left, said: "The scenario from the projections we have seen so far suggest there will be no stable government and we would need to return to the polls."


The earlier telephone polls on Sky and Rai television after voting ended at 3 p.m. (1400 GMT/9 a.m. ET) had shown the center left 5-6 points ahead of the center right in both Senate and lower house, with Grillo taking third place.


Adding to the confusion, official results from more than 50 percent of polling stations showed the center-left ahead with 32.7 percent against 29.5 for the center-right in the Senate race. The partial official count is often not representative because of the order in which votes are counted regionally.


Italy's electoral laws guarantee a strong majority in the lower house to the party or coalition that wins the biggest share of the national vote.


However the Senate, elected on a region-by-region basis, is more complicated and the result will turn on four key battleground regions. Projections from LA 7 showed Berlusconi winning in three of them: Lombardy, Sicily and Campania.


A Sky television projection showed him strongly ahead in the rich northern region Lombardy, which returns the largest number of Senators, with 38.8 percent against 27.6 for the center left.


BITTER CAMPAIGN


A bitter campaign, fought largely over economic issues, has made some investors fear a return of the kind of debt crisis that took the euro zone close to disaster and brought the technocrat Monti to office, replacing the scandal-plagued Berlusconi, in 2011.


Monti helped save Italy from a debt crisis when Rome's borrowing costs were spiraling out of control, but the polls and projections suggested few Italians now see him as the savior of the country, in its longest recession for 20 years.


A surge in protest votes for Grillo's 5-Star Movement had raised uncertainty about the chances of a stable government that could fend off the danger of a renewed euro zone crisis.


Grillo's movement rode a huge wave of voter anger about both the pain of Monti's austerity program and a string of political and corporate scandals. It had particular appeal for a frustrated younger generation shut out of full-time jobs.


"I'm sick of the scandals and the stealing," said Paolo Gentile, a 49-year-old Rome lawyer who voted for 5-Star.


"We need some young, new people in parliament, not the old parties that are totally discredited."


Bad weather, including heavy snow in some areas, was thought to have hampered the turnout in Italy's first post-war election to be held in winter. This could have favored the center left, whose voters tend to be more committed than those on the right, which has strong support among older people.


Berlusconi, a 76-year-old media tycoon, pledged sweeping tax cuts and accused Monti of being a puppet of German Chancellor Angela Merkel in a media blitz that halved the lead of the center left in opinion polls since the start of the year.


Whatever government emerges will inherit an economy that has been stagnant for much of the past two decades and problems ranging from record youth unemployment to a dysfunctional justice system and a bloated public sector.


(Additional reporting by Stefano Bernabei, Steve Scherer, Gavin Jones and Giuseppe Fonte in Rome and Lisa Jucca in Milan; Writing by Barry Moody; Editing by Robin Pomeroy and Philippa Fletcher)



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