|
|
|
EU court refers doubts on Polish judiciary to national court
Court Watch |
2019/11/18 11:24
|
The European Union's top court ruled Tuesday that there are reasons to question the independence of a new judicial chamber in Poland that monitors and potentially punishes judges.
However, the European Court of Justice left it to Poland's highest court to determine whether the new Disciplinary Chamber is independent of influence from the nations' legislative and executive powers.
In Poland, both sides of the heated dispute around the ruling party's controversial changes to the country's judiciary declared victory upon hearing the verdict.
The head of the Supreme Court, Malgorzata Gersdorf, said the EU court clearly shared concerns over the new chamber, which is part of the Supreme Court. She vowed action aiming to "restore trust" in Poland's top court and its judicial bodies.
The right-wing government, however, said the ruling, which referred the matter back to Poland's judges, was a clear sign that the EU court believes it has no jurisdiction to assess the justice systems of member nations. Poland's ruling Law and Justice party has been voicing that opinion ever since it started to introduce changes to the judiciary when it took power in 2015.
The EU court's ruling also implied there are questions about the independence of another top body in Poland, the National Council of the Judiciary, which proposes judges for court positions, including on the Supreme Court, and is supposed to protect their independence. |
|
|
|
|
|
|
Myanmar rejects court probe into crimes against Rohingyas
Court Watch |
2019/11/16 11:24
|
Myanmar’s government rejected the International Criminal Court’s decision to allow prosecutors to open an investigation into crimes committed against the Rohingya Muslim minority.
Government spokesman Zaw Htay said at a Friday night press conference that Myanmar stood by its position that the Netherlands-based court has no jurisdiction over its actions. His statement was the first official reaction since the court on Thursday agreed to proceed with the case.
Myanmar has been accused of carrying out human rights abuses on a massive scale in the western state of Rakhine in 2017 during what it described as a counterinsurgency campaign.
Zaw Htay cited a Myanmar Foreign Ministry statement from April 2018 that because Myanmar was not a party to the agreement establishing the court, it did not need to abide by the court’s rulings.
“It has already been expressed in the statement that the investigation over Myanmar by the ICC is not in accordance with international law,” he told reporters in the Myanmar capital Naypyitaw.
The court’s position is that because Myanmar’s alleged atrocities sent more than 700,000 Rohingya fleeing to Bangladesh for safety, it does have jurisdiction since Bangladesh is a party to the court and the case may involve forced deportation.
|
|
|
|
|
|
|
Court sentences Congo warlord to 30 years for atrocities
Law Firm News |
2019/11/10 02:15
|
The International Criminal Court passed its highest ever sentence Thursday, sending a Congolese warlord known as "The Terminator" to prison for 30 years for crimes including murder, rape and sexual slavery.
Bosco Ntaganda was found guilty in July of 18 counts of war crimes and crimes against humanity for his role as a military commander in atrocities during a bloody ethnic conflict in a mineral-rich region of Congo in 2002-2003.
Ntaganda showed no emotion as Presiding Judge Robert Fremr passed sentences ranging from eight years to 30 years for individual crimes and an overarching sentence of 30 years.
The court's maximum sentence is 30 years, although judges also have the discretion to impose a life sentence. Lawyers representing victims in the case had called for a life term.
Fremr said despite the gravity of the crimes and Ntaganda's culpability, his convictions "do not warrant a sentence of life imprisonment."
Ida Sawyer, deputy director of Human Rights Watch's Africa division, welcomed the ruling. "Bosco Ntaganda's 30-year sentence sends a strong message that even people considered untouchable may one day be held to account," Sawyer said.
Jolino Makelele, a spokesman for the government in Democratic Republic of Congo, or DRC, said: "We think that justice was done for the victims."
Ntaganda, who has insisted he is innocent, became a symbol of widespread impunity in Africa in the seven-odd years between first being indicted by the global court and finally turning himself in in 2013 as his powerbase fell apart. |
|
|
|
|
|
|
Supreme Court considering whether Trump must open tax returns
Legal Network |
2019/11/06 10:14
|
California’s Supreme Court is considering Wednesday whether President Donald Trump must disclose his tax returns if he wants to be a candidate in the state’s primary election next spring.
The high court is hearing arguments even though a federal judge already temporarily blocked the state law requiring presidential candidates to release their tax returns in order to be included in the state’s primary.
The justices’ consideration comes the same week that a federal appeals court in New York ruled that Trump’s tax returns can be turned over to state criminal investigators there, although that ruling is expected to be appealed to the U.S. Supreme Court.
The California Republican Party and chairwoman Jessica Millan Patterson filed the state lawsuit challenging Democratic Gov. Gavin Newsom’s signing in July of the law aimed at the Republican president.
It’s a clear violation of the California Constitution, opponents argued, citing a 1972 voter-approved amendment they said guarantees that all recognized candidates must be on the ballot.
Previously, “California politicians rigged the primary election, putting up ‘favorite son’ nominees for partisan political advantage,” they wrote, suggesting that Democratic lawmakers are doing the same thing now by different means. |
|
|
|
|
|
| Lawyer & Law Firm Websites |
|
|
Legal News RSS Feed
