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Rights

As the head of the state President has been given some prerogative powers, with the aid of which he can pardon any citizen convicted by any court or tribunal. How far this prerogative power is justifiable? Can he pardon any individual who was convicted by a court for a charge of double murder? Can he claim constitutional coverage for doing so which he has done on 'political consideration'? All these questions have been in the discussion after the present President's clemency to an expatriated BNP leader came to light.

Mohiuddin Ahmed Jhintu, founder President of BNP Sweden chapter, was accused with others of murdering two businessmen in Demra area. Police filed a case against Jhintu and his accomplices. A Martial Law Court tried the case in 1982 and convicted Jhintu (in absentia) and other two. They were awarded capital sentence. Two convicted prisoners were executed, but Jhintu escaped the sentence because he at that time absconded in abroad.

According to reports published in the newspapers, Jhintu met Prime Minister Khaleda Zia during some time in the last year. He convinced Prime Minister that he was incriminated in the double murder case on political consideration and sought justice. Prime Minister assured him to ensure justice. According to the press reports, Jhintu maintained close liaison with the incumbents of Home Ministry and Law Ministry and managed to have them channeled the process for presidential clemency. After having the process ready he came to Bangladesh on January 3 and surrendered before the Court of the Chief Metropolitan Magistrate of Dhaka. He got presidential amnesty on January 13, ten days after his coming back to Bangladesh.

The Parliamentary Standing Committee on Law, Justice and Parliamentary affairs held a meeting on July 21. The issue of the presidential amnesty to Jhintu was raised in the meeting. The Committee slated the role of Law Ministry as it did not give detailed information and proper advice to the Home Ministry. Barrister Moudud Ahmed, Minister for Law, Justice and Parliamentary affairs, denied the accusations of the Committee. He told that Home Ministry prepared the summary of the case, then it was sent to the President through the office of the Prime Minister. Later on the involvement of the Law Minister was revealed.

Presidential power to pardon
In all the states, whether it has presidential or parliamentary form of government, the head of the state is given some prerogative powers including the power to pardon. The Queen of United Kingdom can grant pardon and reprieves on the advice of the Prime Minister. The US constitution empowers the President to grant reprieves and pardons for offences against the United States, except in cases of impeachment. The President of China issues orders of special pardons. The President of France has power to pardon under the constitution of France. The President of Pakistan has similar power under the constitution. He has power to grant pardon, reprieve, and respite, and to remit, suspend, or commute any sentence passed by any court, tribunal, or other authority. The constitution of India empowers the President to grant pardons and reprieves, and suspend, remit, or commute sentences of the persons convicted by court martial, and in all cases in which sentences to death have been passed. In exercising this power the President acts in accordance with advice of the council of ministers headed by the Prime Minister.

Legality of the presidential amnesty
Like constitutions of all the democratic countries Bangladesh Constitution contains similar provision regarding the Presidential power to grant pardon. Article 49 of Bangladesh Constitution provides that the President shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court or other authority. The government has also been empowered by the Criminal Procedure Code to grant pardon or commute sentences. Section 401 (1) of the Code of Criminal Procedure provides that when any person has been sentenced to punishment for an offence, the government may at any time without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. According to section 402 of the Code of Criminal Procedure the government may, without the consent of the person sentenced, commute death sentence, transportation, rigorous imprisonment for a term not exceeding that to which he might have been sentenced, simple imprisonment for a like term, and fine. Section 402A of the same Code provides that the powers conferred by sections 401 and 402 upon the government may, in the case of sentences of death, also be exercised by the President.



The power of amnesty given to the President by the Constitution and the Code of Criminal Procedure is a judicial power. In spite of the finality of judicial pronouncement, mistake is not uncommon to a judge, even if s/he is the most trained one. This reality mandates the necessity of further scrutiny in case of deprivation of life and liberty. Usually the head of state is given the power to scrutinise the correctness of a judicial pronouncement and grant pardon in case of mistake. It is, therefore, a power to correct the possible judicial error. The imperfections of judiciary are mitigated through this mechanism.

The President is expected to exercise the power of amnesty to ensure greater justice. If the judiciary has mistakenly sentenced any person, that is corrected by the President with the help of the provisions of the Constitution and the Code of Criminal Procedure. As fountain of justice the Head of the state has given prerogative power to minimise the miscarriage of justice.

The President cannot exercise his power arbitrarily. If he exercises his power to outweigh the miscarriage of justice, that will be appreciated. The President has been given the power to ensure justice according to sound rationale. But the President of Bangladesh has granted pardon to a person convicted in a double murder case, in which case two other were executed long before. The main consideration behind this pardon is political. This mala fide consideration cannot justify the pardon of the President. And the process through which Jhintu was granted pardon that was not fair. He met Prime Minister and 'managed' the incumbents of the Home and Law Ministry. After being assured he came back to Bangladesh and got presidential clemency within 10 days of his return.

The question is whether a court can examine the exercise of amnesty under Article 49. The Preamble and Article 7 of the Constitution mandates that the Republic will be a socialist society where rule of law will be secured for all citizens. These constitutional provisions give a court authority to examine the nature, extent, and scope of the power and scrutinise whether the exercise of the power is covered by Article 49. As rule of law is a constitutional mandate in Bangladesh, no exercise of power, even by the President, will be arbitrary or discriminatory. Capricious exercise of the power makes it void. The recent presidential amnesty is void as it is arbitrary, because it was granted on political consideration. The presidential clemency is void because it is discriminatory as two other convicts were executed in the case, but Jhintu escaped the punishment.

In Maru Ram V India (AIR 1980 SC 2147) Krisna Iyer J. gave an example of a Chief Minister who released everyone in the prison in his state on his birth day. In the case he held that it will be an outrage on the constitution as he set all the prisoners free from the prison. If a notorious murderer has been sentenced by a court and the President remit his entire life sentence the very next day after the conviction merely because he has joined the party in power or is a close relation of a high up, it will be capricious exercise of power of pardon by the President. (Ibid, p. 2175).

Concluding remarks
Coming back to Bangladesh Mohiudding Ahmed Jhintu might file a writ petition in the High Court Division against the formation of Martial Law Court and his trial in such a court as there is no provision to appeal against the verdict of a Martial Law Court. If he was incriminated in the double murder case on political consideration he would have acquitted by the verdict of the higher court. Or he might file a petition to the President stating all the facts. President then might order a judicial inquiry into the matter. If the Judicial Inquiry Committee found that Jhintu was not involved in the double murder case, the President would then grant pardon according to the recommendation of the Committee. It would ensure justice and restore Jhitu's right to life and liberty. But the process through which Jhintu was granted pardon that was vicious. President Professor Iazuddin Ahmed arbitrarily exercised his prerogative power which he cannot do under the present provisions of the constitution. The offices of the President, Prime Minister, Home Minister and Law Minister cannot avoid their responsibility in applying the constitutional provision capriciously.

Scan

8 March, 2005, Cairo. Farouk Hosni, Minister of Culture, announced today that the Egyptian team has finished their examination of a non-invasive CT scan of Tutankhamun’s mummy. Zahi Hawass, Secretary General of the Supreme Council of Antiquities, states that there is no evidence that the young king was murdered.
The scientific team, which reviewed over 17,000 images, was headed by Dr. Hawass, and consisted of radiologists, pathologists, and anatomists under the oversight of Dr. Madiha Khattab, Dean of Medicine at Cairo University.
Lead radiologist Dr. Mervat Shafik and the rest of the team requested that three international experts, two from Italy and one from Switzerland, be permitted to review the images. “We need our opinion to be international, since people all over the world are waiting for the results of this important scan,” said Dr. Shafik.

Dr. Hawass announced today that the scientific team confirmed that King Tut died at about the age of 19. His bones, which indicate a slight build, show that he was well-fed and healthy and suffered no major childhood malnutrition or infectious diseases. In answer to theories that Tutankhamun was murdered, the team found no evidence for a blow to the back of the head, and no other indication of foul play.

They also found it extremely unlikely that he suffered an accident in which he crushed his chest.
He adds that some team members interpret a fracture in the left thighbone as evidence for the possibility that Tutankhamun broke his leg badly just before he died. However, this injury alone could not have directly caused the king’s death. The team was also able to rule out pathological causes for the bent spine and elongated skull noted in earlier examinations. The scientists believe the head shape to be a normal variation, and think the bend in the spine is due to the way the embalmers positioned the body.

The king also had a slightly cleft palette and one impacted wisdom tooth. The team also notes that extreme care seems to have been taken in preparing the body of the king for burial.
Dr. Hawass also said: “The Egyptian team worked on the images for two months. The foreign team came for several days at the end to review the work of the Egypt team. The foreign consultants confirmed the results of the Egyptian team, and joined us to make this announcement internationally. All of us are proud to announce these findings, the first CT examination of a securely identified royal mummy from ancient Egypt.
I believe these results will close the case of Tutankhamun, and the king will not need to be examined again. We should now leave him at rest. I am proud that this work was done, and done well, by a completely Egyptian team.”
CT Scan Report
On January 5, 2005, the mummy of Tutankhamun (c. 1355-1346 B.C.) was removed from its tomb in the Valley of the Kings (KV 62) for the first time in almost eighty years. An all-Egyptian team, led by Zahi Hawass, lifted the fragile remains, still resting in the tray of sand in which it had been placed by Carter’s team, from their resting place inside the outermost coffin and sarcophagus of the king, and carried them to a state-of-the-art CT scan machine (housed inside a trailer) donated to the Supreme Council of Antiquities by Siemens, Ltd., and the National Geographic Society. The scan took fifteen minutes and produced over 1,700 images. These images were studied by an Egyptian team, under the auspices of Madiha Khattab, Dean of the Faculty of Medicine, Cairo University, and then by a foreign team composed of experts from Italy and Switzerland.


Previous Examinations
The mummy of the young king had been essential dismantled by Carter’s team, who were interested primarily in recovering the almost 150 jewels, amulets, and other items wrapped with the body and gaining the maximum possible scientific information from the body itself. In order to remove the objects from the body and the body from the coffin, to which it was stuck fast by the hardened embalming liquids (most likely resins) used to anoint the mummy, Carter’s team cut the body into a number of large and small pieces (for example, the trunk was cut in half, the arms and legs were detached). The head, cemented by the solidified resins to the golden mask, was severed, and removed from the mask with hot knives. Carter placed the mummy back in the tomb in 1926. The mummy has been X-rayed twice since this time, once in 1968 by a team from the University of Liverpool under R.G. Harrison, and once in 1978 by J.E. Harris of the University of Michigan.
The Benefits of CT Scanning
Although both the original examination and the subsequent X-rays revealed much about the life of the king, they also left many questions open, and have provided fuel for much speculation. CT scanning is a non-invasive tool that can scan the whole body in a very short time, and can differentiate between various types of soft tissue and bone in three-dimensional images. Conventional X-rays can see two planes only and cannot clearly distinguish the soft tissues. The scope and ability of CT scanning to diagnose and differentiate between diseases is also far superior. The body also does not need to be moved repeatedly, as is the case for X-rays.
The current investigation was designed to confirm or refute the conclusions of the previous examinations, and look for additional details that earlier investigators might have missed. In this it was extremely successful.
Results of the CT Scan
The scientists who have been working to analyze the CT scan images of Tutankhamun came together in a series of meetings on March 3 and 4 to discuss their findings. The scientists were unanimous on almost all points. Their conclusions were as follows:
• State of Mummy. The remains of the pharaoh are in very poor shape, due primarily to the damage done by Carter’s team. The body is in a number of pieces, with both upper and lower limbs dismantled. Many parts present at the original examination are now missing, although many fragments remain loose in the sand tray. Both bones and skin are broken in numerous places. The king’s arms, originally folded across the chest, are now by his sides.
• Age at Death. Tutankhamun was about 19 years old when he died, based on the following observations, and using modern developmental tables:

a. The fusion of the epiphyseal plates (the parts of the bone that is responsible for growth until a certain age) matches the development of a young man of 18 or more, and 20 or less.
b. All of the cranial sutures are still at least partly open.
c. The wisdom teeth are not completely erupted. One of these (upper left) is impacted, and there is a slight thinning of the sinus cavity above. This was not life-threatening, and there are no signs of infection.
• General Health. Judging from his bones, the king was generally in good health. (His internal organs, as is usual for Egyptian mummies, are not present in the body, and thus have not been analyzed). There are no signs of malnutrition or infectious disease during childhood. His teeth are in excellent condition, and he appears to have been well fed and cared for.
• Size in Life. Tutankhamun was approximately 170 cm. (5 and a half feet) tall, as extrapolated from the measurement of the tibia (lower leg). He was slightly built (gracile).
• Skull Shape. Tutankhamun had a very elongated (dolichocephalic) skull. The cranial sutures are not prematurely fused, so this is most likely due to normal anthropological variation rather than any pathology.
• Cleft Palette and Overbite. The king had a small cleft in his hard palette (the bony roof of his mouth), not associated with an external expression such as a hare-lip or other facial deformation. His lower teeth are slightly misaligned. He has large front incisors and the overbite characteristic of other kings of from his family (the Tuthmosid line).
• Scoliosis. There is a slight bend in the spine, However, the scientists agree that this is not a pathological scoliosis, since there is no rotation and no associated deformation of the vertebrae. This bend most likely reflects the way the mummy was positioned by the embalmers.
• Brain Extraction. The nasal septa were destroyed by the embalmers, and the brain was extracted through the nose.
• Embalming of Head: Principal Route. All the scientist agree, based on the differing densities of the materials and the way in which the embalming liquids (now completely solidified) appear, that various types of these liquids were introduced to the cranial cavity several times through the nose. At first, the body was lying on its back, and the embalming liquid pooled along the back of the skull. Later, the head was tipped back in some way, and embalming liquid pooled in the top of the skull.
• Possible Second Route for Embalming of Head. Part the team sees evidence for a second route through which embalming liquid was introduced to the lower cranial cavity and neck. This would have been through the back of the upper neck. In this area, there are two layers of solidified material of a different density from that seen above in this area.
The first cervical (topmost) vertebra and the foramen magnum (large opening at the base of the skull) are fractured here, which according to this theory may have happened when the hole was made to pour in the embalming liquid or may have been done by Carter’s team when removing the head from the mask. Part of the team disagrees, and sees no evidence for an embalming route through the back of the neck. They believe, instead, that the embalming liquid in this area was also introduced through the nose or trickled down from the cranial cavity, and that the vertebra and foramen magnum were definitely damaged by Carter’s team in the process of removing the head from mask, and could not have been damaged by the embalmers.
• The “Murder” Theory. The entire team agrees that there is NO evidence for murder present in the skull of Tutankhamun. There is NO area on the back of the skull that indicates a partially healed blow. There are two bone fragments loose in the skull. These cannot possibly have been from an injury from before death, as they would have become stuck in the embalming material. The scientific team has matched these pieces to the fractured cervical vertebra and foramen magnum, and believes these were broken either during the embalming process or by Carter’s team.
2. Fractured Leg? The team has noted a fracture of the left lower femur (thighbone), at the level of the epiphyseal plate. This fracture appears different from the many breaks caused by Carter’s team: it has ragged rather than sharp edges, and there are two layers of embalming material present inside. Part of the team believes that the embalming material indicates that this can only have occurred during life or during the embalming process, and cannot have been caused by Carter’s team. They note that this type of fracture, unlike most of the others, is possible in young men in their late teens, and argue that it is most likely that this happened during life. There is no obvious evidence for healing (although there may be some present, and masked by the embalming material). Since the associated skin wound would still have been open, this fracture would have had to occur a short time, days at the most, before death. Carter’s team had noted that the patella (kneecap) on this leg was loose (now it is completely separated, and has in fact, been wrapped with the left hand), possibly suggesting further damage to this area of the body. The part of the team that subscribes to this theory also notes a fracture of the right patella and right lower leg. Based on this evidence, they suggest the king may have suffered an accident in which he broke his leg badly, leaving an open wound. Although the break itself would not have been life-threatening, infection might have set in. However, this part of the team believes it also possible, although less likely, that this fracture was caused by the embalmers.
• No Fractured Leg. Part of the team believes that the above scenario is absolutely not possible. They maintain that the fracture mentioned above can only have been done by Carter’s team during extraction of the body from the coffin. They argue that if such a fracture had been suffered in life, there would have been evidence for hemorrhage or hematoma present in the CT scan. They believe the embalming liquid was pushed into the fracture by Carter’s team.
• Missing Ribs and Sternum. The sternum and a large percentage of the front ribs are now missing, evidently along with the much of the front chest wall. The ends of the missing ribs are cleanly cut, clearly by a sharp instrument. The scientific team agrees that this cannot mirror in any way extensive trauma to the chest, as such trauma would have been reflected elsewhere in the body (particularly in the vertebra). Opinion among team members is divided as to whether the ribs and sternum were removed by the embalmers or by Carter’s team. Carter’s team does not mention that the ribs and sternum were missing, and a beaded collar and string of beads can be seen covering the chest cavity in photos taken at the time, but before their examination of the body was completed. Therefore it is perhaps more likely that this area of the body, which is now completely missing, was removed by Carter’s team in order to collect the artifacts present (although he does not mention doing so). Archaeological investigation will continue in an effort to resolve this issue.
• Embalming Process. The team has concluded, based on the identification of at least five different types of embalming material and the many episodes of its introduction to the body and cranial cavity, that great care was taken in the mummification of this king. This counters previous arguments that the body of the king was prepared hurriedly and carelessly.
• Missing Penis. Although they cannot be certain, the team believes that they have located the king’s penis, present at Carter’s exhumation but reported missing at the 1968 examination, loose in the sand around the king’s body. There are also many fragments apparently belonging to other missing parts, such as a thumb, other digits, and pieces of vertebrae, present in this area.

Music

Music man Phil Spector's own words may come back to haunt him again.

Last year, a judge ruled that incriminating statements Spector made to police after he was arrested on suspicion of shooting actress Lana Clarkson could be used against him at his upcoming murder trial.

Spector's attorneys lost another war over words Thursday when the judge ruled that portions of a deposition Spector gave in a civil suit filed against his former defense attorney Robert Shapiro were to be handed over to prosecutors and released to the public.

Spector, 66, has pleaded not guilty to Clarkson's Feb. 3, 2003, shooting death. He was not present at Thursday's hearing.

His new defense team argued that the sealed deposition contained privileged and confidential information.

"It's personal and private," attorney Bruce Cutler argued. "There's nothing [in the deposition] that has to do with the most salient, the most salient, part of this case: Feb-oh-three-oh-three."

Cutler was referring to the date officers discovered Clarkson's dead body sprawled on a chair in the foyer of Spector's Alhambra mansion.

But prosecutors said they wanted to see for themselves whether Spector made admissions that would help their case. Their request was a veritable fishing expedition, as Deputy District Attorney Alan Jackson admitted Thursday, they were arguing "from a blind spot," having never seen the transcript.

Superior Court Judge Larry Fidler announced that after reading the document himself, he found "no smoking gun," but did find that there was information that was "both discoverable and admissible."

Fidler made reference to portions of the transcript dealing with "a timeline," as well as "statements from Mr. Spector regarding his state of sobriety."

Spector first met Clarkson, 40, at the House of Blues in West Hollywood, where she was a hostess in the VIP room, and he invited her for a limo ride back to his Pyrenees castle.

The limo driver later told police he heard a gunshot and saw his boss emerge with a gun in his hand saying he had shot a woman.

Spector has since renounced such claims and suggested that the aging B-movie actress shot herself.

Judge Fidler will go over the deposition transcript page by page in the next few days and release the portions that are admissible, according to a court spokesperson.

But the judge has yet to rule on whether to release portions about Spector's financial dealings with Shapiro, whom he fired in January 2004 and then filed suit against in order to recoup part of a $1 million retainer fee.

"As far as the finances go, that's nobody's concern," Cutler argued.

The stocky, gravel-voiced New York attorney, who once represented mob boss John Gotti, raised his hands as he stood at the lectern and described what he called the "financial rape" of Spector by his former attorney Shapiro.

"The deposition papers, which we have right here, are an attempt by Mr. Shapiro to recover money — a massive amount of money — that was taken from him under false pretenses and that he felt wasn't earned," Cutler said.

Spector's suit claims that after his arrest he was "laboring under a tremendous amount of mental stress" and "had not been able to take his medication for several days," and that's when the attorney famous for helping O.J. Simpson beat murder charges took advantage of him.

"As a friend and confidante to Mr. Spector, Shapiro was well aware of the fact that Mr. Spector was under the care of a mental health professional and was prescribed medications for the purpose of stabilizing Mr. Spector's mental condition," according to his July 2004 suit.

Toxicology reports indicate that Spector had alcohol, as well as the anti-depressant medication Prozac and the anti-convulsant drug Topamax, in his system at the time of his arrest.

Spector said in his suit that Shapiro did little work and "coerced" him into signing a retainer agreement, which listed total fees of no less than $1.5 million, including Shapiro's hourly rate of $600.

Shapiro's attorneys deposed Spector in July 2005. They argued in response papers that Shapiro provided the producer with "stellar representation," including pressuring Alhambra police for his immediate release from jail, out of the sight of media.

Shapiro also declared in court documents that Spector was simply "a friendly acquaintance, I have never considered him to be a close friend."

With his April 24 murder trial looming, Spector unexpectedly withdrew his suit against Shapiro late last year and it was dismissed without prejudice, which means he may file the same complaint again at a later time.

But there's still that mysterious deposition to deal with.

"I don't want the court to feel, or the world to feel, or the people to feel, or the press to feel there's anything in here I'm ashamed of, or trying to hide," Cutler said Thursday. "Mr. Spector was taken advantage of, so he brought a civil suit."

"Clients of mine in New York have been accused of taking money not legally," Cutler joked Thursday, praising his client's law-abiding means of redress. "Here's Mr. Spector trying to get his money back legally."

japan

Scientists have begun work on a digital scanning apparatus that they believe will be able to reproduce sound from the only known audio recording of the assassination of John F. Kennedy.

It is hoped the technology will finally reveal how many shots were fired at the Kennedy motorcade in Dallas in 1963, ending decades of speculation.

The recording was made through an open microphone on a police motorcycle. The sounds were captured on a Dictaphone belt at Dallas police headquarters, but analyses of them over decades proved anything but conclusive, fuelling arguments about how many people were actually involved in killing the president.

The US Government's official inquiry into the assassination, the Warren Commission, concluded in 1964 that Oswald was a lone gunman, firing three shots from the Texas Book Depository building above the plaza. But a House of Representatives committee that investigated the shooting 15 years later concluded that four shots were fired, including three from the book repository and one from another location, giving rise to all manner of conspiracy theories.

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Like an old 78rpm record, the Dictaphone belt became worn and damaged through constant replay for analysis using a stylus. When it finally became the property of the US National Archives in 1990, its technical staff recommended that no further efforts be made to replicate its sounds through mechanical means.

But that left preservationists with a daunting and historically important challenge: how could the sounds on the old plastic belt be captured for posterity and, if they could, would they provide unequivocal evidence of how many shots were fired?

Leslie Waffen, an archivist with the National Archives, said he not only believes that the sound can be captured but that, using digital analysis to map the sounds, scientists can remove extraneous noise like static and voices to reveal gun shots.

"This is big," said Dr Waffen, whose unit has custody of the belt and the original home 8 millimetre movie by Abraham Zapruder, which showed the assassination in colour but utter silence.

The process involves scanning the grooves of the Dictaphone belt electronically to create a digital image of the sound patterns. Once that is achieved, Dr Waffen said, scientists could "clean it up, like peeling layers off an onion to get down to the sound floor" of the recording.

Three

Was Tutankhamun murdered? In an effort to solve that mystery and others, scientists CT-scanned the 3,000-year-old mummy of the ancient Egyptian king yesterday.

In 1968 an x-ray of "King Tut" revealed a bone fragment in his skull. Ever since, rumors have swirled that a blow to the head had killed the boy king. The break, though, could also be explained by a fall or a mishap during mummification.

The three-dimensional image that will be created from yesterday's CT scan will be many times more informative than any x-ray. As such, it may help uncover just how Tutankhamun died.

"Through the scan, we hope to learn about any diseases Tut had, any kind of injuries, his actual age, and maybe more about how he died," project leader Zahi Hawass said in a press statement. Head of Egypt's Supreme Council of Antiquities, Hawass also serves as a National Geographic explorer-in-residence.

The answers will only come after Hawass and his team have undertaken the time-consuming task of analyzing the scans.

How They Did It

Though not exactly Egypt's most illustrious pharaoh, Tutankhamun arguably became the most famous when his treasure-filled tomb was discovered in 1922 (see photos of tomb treasures). He was about 18 or 19 when his reign was cut short by his death in 1323 B.C.

Tutankhamun's low status in the pantheon of pharaohs is underscored by the relatively cramped quarters of his tomb in the Valley of the Kings, which is where Hawass and his team began their delicate operation yesterday.

The team first removed the stone lid from his sarcophagus. They then lifted up the wooden box containing the rarely seen mummy and slowly carried it out into daylight.

A van outfitted with a CT-scanning machine was waiting just outside the tomb. (The original plan—to transport the fragile mummy to Cairo for scanning—was canceled due to public protest.)

Inside the van the scientists pulled aside layers of cloth swathing the king. Still in its box, the mummy was fed into the CT (or CAT) scanner for about 15 minutes, during which some 1,700 cross-sectional images were taken.

August

The following is a simple how-to guide for installing, configuring, and running your first vulnerability scan using the NessusWX Windows client. The instructions do not include in depth explanations as it is assumed that you are familiar with benefits of using Nessus and have a general working knowledge of Windows.

As with any software installation, your results may vary depending on the machine operating system and patch levels being used. The installation steps were conducted using of NessusWX 1.4.4 on several Windows operating systems and patch levels including XP, 2000, and 2003 Server to insure accuracy. It is recommended that the installation be conducted using the "admin" account or equivalent to avoid rights issues.


Install NessusWX
Download and save the self-extracting version of NessusWX for Intel platforms
from http://nessuswx.nessus.org/ to a temp directory on your hard drive.
(nessuswx-1.4.4-install.exe, 1413KB in size);
Double-click NessusWX-1.4.4-install.Exe to start the installation process;
If using XP SP2 you may be prompted with a warning message that the publisher
could not be verified, click
At the "Welcome to the Installation Wizard" screen click
At the "License Agreement" screen read the license terms, check "Yes, I agree
with all the terms of this license agreement", click ;
At the "Destination Folder" screen enter the desired location for NessusWX, or
accept the default of C:\Program Files\NessusWX, click ;
At the "Setup Type" screen select "Binaries Only", or if you wish the source files
included select "Binaries and Source", click ;
At the "Program Group" screen select the desired program group, or leave at the
default of NessusWX, click ;
At the "Ready to Install the Program" screen click ;
At the "Installation Complete" screen click .
If the installation process completed successfully, you now have a NessusWX desktop icon and Start/Programs/NessusWX menu listing.


Configuration of NessusWX
Before configuring the NessusWX client, you need some information concerning the Nessus server you will be using. Please contact you Nessus server administrator for assistance if needed.

Nessus server IP: _______________________
Nessus port number: _____________________ (default is 1241)
Max simultaneous hosts: __________________ (default is 16)
Max security checks per host: ______________ (default is 10)
Your Nessus login name: __________________
Your Nessus login password: _______________

Maximum simultaneous hosts, and maximum security checks per host, refers to the number simultaneous scans that will be performed. It is possible to optimize a Nessus server to support more then the default settings and to use a different port. If in this information is not available or unknown use the default values.

Your Nessus Server administrator has the ability to limit what IP range(s) you can scan based on your login name. Speak with your Nessus server administrator and determine what limits, if any, have been established.


Upon executing NessusWX you will be prompted with the "Settings" screen,
"General" tab,requesting database directory information. By default NessusWX
uses C:\NessusDB to storescan result. The database location can be a network
drive if you wish to store results on a network drive for security purposes.
Select the defaults value or change to the desired directory, click
If the directory you selected does not exist, you will be prompted with a
creation message, click
Select "Communications/Connect" menu option
Change the default Server "Name", from the default 127.0.0.1, to the
desired Nessus server;
Change the default Server "Port Number", from 1241, to the desired Nessus
server port if needed;
By default, NessusWX selects TLSv1 as encryption option;
Select "Authentication by Password" radio button;
Check save password checkbox;
Change the default Authentication "Login" value to your Nessus login name;
Enter your Nessus login name password, click
You will be prompted with New Server Certificate window displaying the
Nessus server certificate information, click

If the userid/password information you entered is correct, you will receive a brief message that NessusWX is downloading plugin information. Upon download completion, something similar to the following will be displayed at the bottom of the NessusWX screen:

Using
Connection with the server [xxx.xxx.xxx.xxx] established
xxxx plugins loaded
xxxx preferences received
xxxx rules received

You now have a fully functioning copy of NessusWX installed, have connected to a Nessus Server, and are ready to being performing vulnerability scans.


Before You Scan
Before performing vulnerability scanning, a few cautions and recommendations should be considered:


Make sure you are acting within your authority. Most companies have strict
policies about who can perform vulnerability scanning and on what equipment.
Acting outside your authority with a vulnerability scanner could lead to your
dismissal;
Absent Nessus server based rules that limit what IP ranges you can test, obtain
written permission on what you are and are not permitted to perform
vulnerability test on;
Vulnerability scanning can leave equipment in an unstable state. This is
practically true if performing Denial of Service tests and/or testing systems are
very poorly configured. Nessus vulnerability scanning is normally not destructive
and rebooting the affected equipment will return it to the correct operational
state;
NessusWX has a selection for "Safe checks" that disables the most dangerous
scripts from executing and instead relies on banners information to determine
vulnerability rather than exploiting the real flaw. However, it is still possible
to leave equipment in an unstable state;
If your company uses an intrusion detection system, performing vulnerability
scanning on the network will most likely trigger intrusion alerts. Vulnerability
scanning is very "noisy" and easily detected by most intrusion detection
systems;
If you are performing vulnerability scans across the internet verify your ISP will
not object, that your scanning will not trigger their intrusion detection system,
and request documentation concerning scanning polices and rules that you
must follow;
Exercise common sense when performing vulnerability scans. For example,
its most likely not a good idea to run a Denial of Services test on your core
router during normal business hours;
NEVER SCAN EQUIPMENT THAT YOU ARE NOT EXPRESSLY AUTHORIZED TO SCAN.
Doing so could result in lawsuits, bad press, jail, ISP termination, and
unemployment just to name a few. Running a Denial of Services test against
your competitors web site for example, will most likely result in several unwanted
events occurring once you and your company are identified as the cause.


Performing Your First Scan
To perform your first vulnerability scan, you must create a Session (job) outlining the targets and scanning options desired.


Click menu selection Session/New;
You will be prompted to enter a session name or accept the default of "Session1".
Enter "First Scan", leave "Define additional properties" checked, click ;
At the "Session Properties - Test Scan", click the "Targets" tab, then
click ;
At the "Add Target" screen you have the option of entering a single host, a
subnet, or IP range depending on scanning needs. For our test session, select a
single IP address and enter the IP or Host name of your workstation, click ;
Click .
Click the "Options" tab:
Change "Maximum simultaneous" default value if needed;
Change "Security checks per host" default value if needed;
"General scan options/Enable plugin dependencies". Nessus uses many plugins
(tests) that require the use of other plugins to operate correctly. Checking
this box permits Nessus to automatically enable dependencies as needed.
For our test scan, "Enable plugin dependencies" should be checked;
"General scan options/Do reverse DNS lookups" simply performs a DNS lookup
on the target to determine the host name. For our test scan, check "Do
reverse DNS lookups";
"General scan options/Safe checks". As stated previously, Safe Checks
disables the most dangerous scripts from executing and instead relies on
banner information to determine vulnerability rather than exploiting the real
flaw. For our test scan, leave "Safe checks" checked;
"General scan options/Optimize the test" lets Nessus avoid all apparently
irreverent tests. For example, tests will not be conducted for web site unless
a web site is detected. For our test scan, leave "Optimize the test" checked;
"General scan options/Resolve unknown services" will permit Nessus to resolve
any unknown services that may be operating on the system. For our test
scan, leave "Resolve unknown services" checked;
"Path to CGI". Nessus has the ability to check for generic CGI vulnerabilities
that may be present. For our test scan, leave "Path to CGI" at the default
of "/cgi-bin";
"Interface options" permits you to limit the results that are displayed on the
screen while scanning is occurring. For our test scan, leave both items
unchecked to display the maximum amount of information;
Click .
Click the "Port scan" tab:
"Port range to scan" permits you to enter the ports Nessus will scan. For our
test scan, we will use the default of "Privileged ports (1-1024)";
"Port scanners" permits the use of a wide range of port scanners depending
on your needs. For our test scan, leave the default of "Ping the report host"
and "tcp connect scan" checked.
Click .
Click the "Connection" tab will permit you to enter and store specifics about the
Nessus server to be used for the session. Since we are currently connected to
a specific Nessus server, no need exists to enter this information for our test
scan;
Click the "Plugins" tab:
To test for system vulnerability we must enable plugins. Check the "Use
session-specific plugin" checkbox. You will notice that currently "0 plugins
currently are selected for execution";
Click the "Select plugins" button to display the "Plugin List" screen. For our
test scan, click the "Enable All" button, click , when prompted with
"Do you wish to enable all port scanners as well", click . You will
notice that 2400 or so plugins are now selected for execution;
Click .
Click the "Comments" tab and input any remarks you have concerning this session
or its settings, then click to save your Session;

To execute the Session, right-click on the icon and then select . When prompted at the "Execute Session" screen simply click Execute and vulnerability scanning will commence.


Closing
Take some time, experiment, and learn what NessusWX and Nessus have to offer. Patch systems and rescan to verify vulnerability have been closed. Using NessusWX and Nessus will permit you to find system vulnerabilities before hackers and virus/worm writers have opportunity to do it for you!


About the Author
Lew Newlin is CTO of Information Solutions, Inc. that operates SiteRecon.com. SiteRecon specializes in security, email monitoring, and web site monitoring for Internet service providers and businesses.



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えー、春～夏にイベント出ます。当選するか不明ですが申し込む事は確定です。
ほったらかしでほんとスミマセンでした。とりあえず活動再開します。

木村へ追伸

開運！なんでも鑑定団のビデオこんど渡してくれ

木村へ

細木数子の占い相談見た？