|
|
|
European court rejects case vs Germany over Afghan airstrike
Headline Topics |
2021/02/16 10:50
|
The European Court of Human Rights on Tuesday rejected a complaint against Germany’s refusal to prosecute an officer who ordered the deadly bombing in 2009 of two fuel tankers in northern Afghanistan.
Scores of people died when U.S. Air Force jets bombed the tankers hijacked by the Taliban near Kunduz. The strike was ordered by the commander of the German base in Kunduz, Col. Georg Klein, who feared insurgents could use the trucks to carry out attacks.
Contrary to the intelligence Klein based his decision on, most of those swarming the trucks were local civilians invited by the Taliban to siphon fuel from the vehicles after they had become stuck in a riverbed.
An Afghan man who lost two sons aged 8 and 12 in the airstrike, Abdul Hanan, took the case to the European Court of Human Rights after German authorities declined to prosecute Klein. He alleged that Germany failed to conduct an effective investigation and that no “effective domestic remedy” to that had been available in Germany.
The Strasbourg, France-based court rejected the complaints. It found that German federal prosecutors were “able to rely on a considerable amount of material concerning the circumstances and the impact of the airstrike.”
It also noted that courts including Germany’s highest, the Federal Constitutional Court, rejected cases by Hanan. And it added that a parliamentary commission of inquiry “had ensured a high level of public scrutiny of the case.”
Wolfgang Kaleck, the head of the European Center for Constitutional and Human Rights who provided legal support to Hanan, said the verdict was a disappointment for the plaintiff and his fellow villagers, but noted that judges had made clear that governments have a duty to at least investigate such cases.
“The bombardment and the dozens of civilian deaths didn’t result in a rebuke, there’s no resumption of the criminal case,” he told reporters after the court announced its decision. “On the other hand it will be very important internationally, also in future, that the European Convention on Human Rights applies,” Kaleck said. “That’s to say, those who conduct such military operations have to legally answer for them afterward, hopefully to a greater extent than in the Kunduz case.”
A separate legal effort to force Germany to pay more compensation than the $5,000 it has so far given families for each victim was rejected last year by the Federal Constitutional Court. This civil case can still be appealed in Strasbourg. |
|
|
|
|
|
|
Dutch court orders Shell Nigeria to compensate farmers
Headline Topics |
2021/01/31 14:43
|
In a victory for environmentalists and Nigerians whose land was polluted by oil leaks, a Dutch appeals court ordered energy giant Shell’s Nigerian subsidiary Friday to compensate farmers in two villages for damage to their land caused by leaks in 2004 and 2005.
Friends of the Earth Netherlands director Donald Pols hailed the ruling as a victory for small communities hurt by huge companies.
“Up until this morning, Dutch multinationals could act with impunity in developing countries ... and this has changed now,” Pols said. “From this moment onwards, Dutch multinationals will be held accountable for their activities and their actions in developing countries. And that’s an enormous victory for the rights of law globally.”
The amount of compensation paid to three farmers in the villages will be established at a later date.
The Hague Court of Appeal held Shell’s Nigerian subsidiary liable for two leaks that spewed oil over an area of a total of about 60 football pitches (soccer fields) in two villages, saying that it could not be established “beyond a reasonable doubt” that saboteurs were to blame. Under Nigerian law, which was applied in the Dutch civil case, the company is not liable if the leaks were the result of sabotage.
One of the farmers involved in the case, Eric Dooh, called the decision a victory “for the entire Niger Delta region. The victory is for the Ogoni people. Victory for all that stood by our side, both Blacks and whites.”
The Hague appeals court ruled that sabotage was to blame for an oil leak in another village; however, it said that the issue of whether Shell can be held liable “remains open” and the case will be continued as the court wants clarification about the extent of the pollution and whether it still has to be cleaned up.
The court also ruled that Dutch-based mother company Royal Dutch Shell and its Nigerian subsidiary must fit a leak-detection system to a pipeline that caused one of the spills.
The decision, which can be appealed to the Dutch Supreme Court, is the latest stage in a case that is breaking new legal ground in how far multinationals in the Netherlands can be held responsible for actions of their overseas subsidiaries.
|
|
|
|
|
|
|
Appeals court OKs convictions in college basketball scandal
Headline Topics |
2021/01/17 20:13
|
A federal appeals court in New York on Friday upheld convictions against a sports marketer, an aspiring agent and a financial adviser in a college basketball scandal that spoiled the careers of several coaches and left a stain on the integrity of college athletics.
The 2nd U.S. Circuit Court of Appeals in Manhattan said in its written decision that it was not adequate for the defendants to argue that their actions mirrored what was commonly done in college basketball programs and that their aim was to help universities, rather than harm.
“The ends, however, do not justify the means, and that others are engaging in improper behavior does not make it lawful,” the 2nd Circuit said in an opinion written by Judge Denny Chin.
The convictions grew from the 2017 arrests of 10 individuals in what authorities described as a conspiracy to pay bribes to the families of young players to ensure NBA-bound college basketball stars would pledge allegiance to certain agents and handlers or attend certain schools.
The appeal stemmed from the convictions of former Adidas executive James Gatto, business manager Christian Dawkins and amateur league director Merl Code. They were convicted of conspiracy to commit wire fraud for funneling money and recruits to Louisville and Kansas.
Dawkins and Code were convicted at a second trial on a single conspiracy count but acquitted of some other charges.
At trial, the men acknowledged that their actions violated NCAA rules and the official policies of the universities, but they also maintained that the universities quietly welcomed the secret payments as long as they could pretend they knew nothing of them.
Other defendants pleaded guilty to charges or cooperated with prosecutors rather than go to trial, including four former assistant basketball coaches who pleaded guilty to bribery conspiracy. Prison sentences in the case were relatively short.
In ruling, the three-judge appeals panel noted that the defendants argued that they should not have been convicted because they did not have fraudulent intent since their scheme was designed to help the schools recruit top-tier players.
Circuit Judge Gerard E. Lynch offered a partial dissent, saying he would have rejected some charges on grounds that evidence of some phone calls the defendants wanted to show jurors was unjustly disqualified. |
|
|
|
|
|
|
Louisiana Supreme Court has a new chief justice, John Weimer
Headline Topics |
2021/01/10 11:53
|
The Louisiana Supreme Court has a new chief justice. John Weimer, 66, of Thibodaux, took the oath of office this month as the state’s 26th chief justice. A ceremony marking his investiture was held in New Orleans on Thursday. Weimer fills the seat vacated by Bernette Joshua Johnson, who retired Dec. 31 after serving 26 years on the high court.
“I feel a profound sense of humility and the recognition of the obligation of service,” Weimer said. “I have served with three chief justices who have made their mark on the judiciary in special ways … I have learned much from each of them, and I promise to work hard to be dedicated to the principles of impartiality, independence and fairness while pursuing justice and acting with integrity just as my predecessors did.”
The Courier reports that Gov. John Bel Edwards, who spoke at Thursday’s ceremony, said Weimer is becoming Louisiana’s highest jurist during one of history’s most difficult periods, with a global pandemic raging.
“John Weimer is the right person to lead this court during these challenging times,” the Democratic governor said.
The new chief justice rose quickly through judicial ranks. Weimer became a state district judge for the 17th District in Thibodaux in 1995, before being elected to Louisiana’s 1st Circuit Court of Appeal in 1998. He was elected to the state Supreme Court in 2001 during a special election. He was re-elected to 10-year terms without opposition in 2002 and 2012.
Weimer ran as a Democrat through 2002, but without party affiliation in 2012.
His Supreme Court district includes Terrebonne, Lafourche, Assumption, Iberia, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Martin and St. Mary parishes and part of Jefferson Parish.
|
|
|
|
|
|
|
Arizona Supreme Court upholds election challenge dismissal
Headline Topics |
2021/01/06 11:50
|
The high court ruling is the second time the majority-Republican court has turned aside an appeal of a court loss by backers of President Donald Trump seeking to overturn the results of the election. In all, eight lawsuits challenging Biden’s Arizona win have failed. It comes the day before a divided Congress is set to certify Biden’s victory.
Tuesday’s ruling from a four-judge panel of the high court agreed with a trial court judge in Pinal County that plaintiff Staci Burk lacked the right to contest the election. That’s because she wasn’t a registered voter at the time she filed her lawsuit, as required in state election contests. Both courts also agreed that she made her legal challenge too late, after the five-day period for filing such an action had passed.
Burk said in her lawsuit that she was a qualified Arizona voter, but officials said they discovered she wasn’t registered to vote. She later said she mistakenly thought “qualified electors” were people who were merely eligible to vote, and that her voter registration was canceled because election workers were unable to verify her address.
The Supreme Court said the fact that she wasn’t a registered voter was fatal to her ability to file an election challenge and that Burk admitted she knew she wasn’t registered.
“There is nothing before the Court to indicate that Appellant timely contacted the appropriate authorities to correct any problems with her voter registration,” Chief Justice Robert Brutinel wrote. “An election challenge ... is not the proper vehicle to reinstate voter registration.”
Biden won the state over Republican President Donald Trump by more than 10,000 votes and the results were certified last month.
The lawsuit brought by Burk, who isn’t a lawyer but represented herself, is nearly identical to a lawsuit dismissed in early December in federal court in Phoenix.
Burk’s lawsuit alleged Arizona’s election systems have security flaws that let election workers and foreign countries manipulate results. Opposing attorneys said the lawsuit used conspiracy theories to make allegations against a voting equipment vendor without any proof to back up claims of widespread election fraud in Arizona.
No evidence of voter or election fraud has emerged in Arizona. Despite that, Republicans who control the Legislature are pushing to review how Maricopa County, the state’s most populous, ran its election. Two subpoenas issued by the state Senate seeking an audit and to review voting machines, ballots and other materials are being challenged by Maricopa County.
Two of the failed legal challenges focused on the use of Sharpies to complete ballots were dismissed. Another lawsuit in which the Trump campaign sought inspection of ballots was dismissed after the campaign’s lawyer acknowledged the small number of ballots at issue wouldn’t have changed the outcome.
A judge dismissed a lawsuit in which the Arizona Republican Party tried to determine whether voting machines had been hacked.
Then a separate challenge by Arizona GOP Chairwoman Kelli Ward was tossed out by a judge who concluded the Republican leader failed to prove fraud and that the evidence presented at trial wouldn’t reverse Trump’s defeat. The state Supreme Court upheld that decision in an earlier ruling.
And a federal judge dismissed a lawsuit by conservative lawyer Sidney Powell, who alleged widespread election fraud through the manipulation of voting equipment. Burk’s lawsuit repeated some of Powell’s allegations word-for-word. |
|
|
|
|
|
|
Hong Kongers charged in China plead guilty, relatives told
Headline Topics |
2020/12/29 12:52
|
Relatives of the 10 Hong Kongers accused of fleeing the city by speedboat during a government crackdown on dissent say they've been informed that their family members pleaded guilty, according to a support group.
The families of the detainees were informed by court-appointed lawyers Tuesday that a court in the southern Chinese city of Shenzhen will deliver the verdicts on Wednesday, according to the 12 Hongkongers Concern Group, which is assisting the families.
It was not clear whether the 10 would also be sentenced on Wednesday, but Chinese courts often issue sentences at the same time as verdicts.
The 10 defendants all faced charges of illegally crossing the border, while two of them faced additional charges of organizing the attempt, according to an indictment issued in Shenzhen. The trials began on Monday afternoon, according to a statement issued by the Shenzhen Yantian District court.
Separate hearings were expected for two minors who were also aboard the boat that was apparently heading for Taiwan when it was stopped by the Chinese coast guard on Aug. 23.
The defendants are believed to have feared they would be prosecuted for their past activities in support of Hong Kong’s pro-democracy movement. Hong Kong media reports said at least one may have had a warrant out for his arrest under a tough new national security law imposed on the semi-autonomous territory by Beijing in June.
Relatives of the defendants say that they have been prevented from hiring their own lawyers and that the accusations are politically motivated. The defendants can be sentenced to up to a year in prison for crossing the border and seven years for organizing the trip.
They were picked up after entering mainland Chinese waters for crossing the maritime border without permission. While Hong Kong is part of China, travelers must still pass through immigration when going to and from the mainland. The defendants apparently needed to pass through Chinese waters to get to open seas. |
|
|
|
|
|
|
Turkish court convicts former editor on terror charges
Headline Topics |
2020/12/24 13:51
|
A Turkish court on Wednesday convicted the former editor-in-chief of opposition newspaper Cumhuriyet on espionage and terror-related charges over a 2015 news story, a verdict the exiled journalist said exemplified the pressures on Turkish media.
The court in Istanbul found Can Dundar guilty of “obtaining secret documents for espionage” and “knowingly and willingly aiding a terrorist organization without being a member.” It sentenced him to 27 1/2 years in prison.
Dundar fled to Germany in 2016, and he was tried in absentia. His lawyers said the proceedings did not adhere to the standards for a fair trial and judicial impartiality, and they did not attend Wednesday’s court hearing in protest.
In an interview with The Associated Press at his Berlin office, Dundar called the verdict “a personal decision by the president of Turkey to deter the journalists writing against him.”
Dundar was first charged in 2015 and tried and convicted in 2016 for a Cumhuriyet article that accused Turkey’s intelligence service of illegally sending weapons to Syria. Wednesday’s verdict came in his retrial.
The story featured a 2014 video that showed men in police uniforms and civilian clothing unscrewing bolts to open trucks and unpacking boxes. Later images showed trucks full of mortar rounds. The AP cannot confirm the authenticity of the video.
The news report claimed that Turkish intelligence service and President Recep Tayyip Erdogan did not allow a prosecutor to pursue an investigation into arms smuggling.
The story infuriated Erdogan, who said the trucks carried aid to Turkmen groups in Syria and that Dundar would “pay a high price.” Cumhuriyet’s Ankara bureau chief, Erdem Gul. also faced criminal charges in the first trial.
Turkey later intervened directly in the Syrian civil war, launching four cross-border operations.
Reporters Without Borders ranked Turkey 154th out of 180 countries in its 2020 Press Freedom Index. Dundar said the trial verdict could have a further chilling effect.
“The problem is there is a cloud of fear over the country, so those decisions may deter some journalists in Turkey to write against the government, to write about the truth,” he said.
“There are still brave journalists defending the truth in Turkey, but I hope the world will see much better now what kind of government we are struggling against,” he added.
German Foreign Minister Heiko Maas tweeted: “The decision against Can Dundar is a heavy blow against independent journalistic work in Turkey.”
“Journalism is an indispensable service to society, including and especially when it takes a critical view of what those in government are doing,” he said.
Dundar was accused of aiding the network of U.S.-based Fethullah Gulen, a Muslim cleric whom the Turkish government accuses of masterminding a failed 2016 coup. Gulen denies the allegations and remains in Pennsylvania.
|
|
|
|
|
|
Legal News RSS Feed
