JURIST – News – Legal News & Commentary http://www.itbkb.cn/news Serious law. Primary sources. Global perspective. Tue, 26 Jan 2021 00:26:25 +0000 en-US hourly 1 https://wordpress.org/?v=5.4.1 Apple facing three class action suits over iPhone obsolescence http://www.itbkb.cn/news/2021/01/apple-facing-three-class-action-suits-over-iphone-obsolescence/ Mon, 25 Jan 2021 23:23:39 +0000 http://www.itbkb.cn/news/?p=151046 Consumer rights organization Euroconsumers announced Monday that it is coordinating a third class action lawsuit against Apple Inc. over the technology giant’s planned iPhone obsolescence. The lawsuit was filed in Italy and “seeks compensation of at least €60 on average for owners of iPhone 6, 6 Plus, 6S and 6S Plus.” Euroconsumers is taking action […]

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Consumer rights organization Euroconsumers announced Monday that it is coordinating a third class action lawsuit against Apple Inc. over the technology giant’s planned iPhone obsolescence.

The lawsuit was filed in Italy and “seeks compensation of at least €60 on average for owners of iPhone 6, 6 Plus, 6S and 6S Plus.” Euroconsumers is taking action against Apple because it believes that planned obsolescence, the practice of manufacturing a good to become prematurely out-of-date, is a “deliberate unfair practice towards consumers” and “environmentally irresponsible.” The iPhone 6 range is being targeted because it represents a “very concrete example” of consumer frustration sparked by the planned obsolescence.

The Italian lawsuit is the third in Euroconsumers’ actions against Apple. Similar lawsuits were filed in Belgium and Spain in December after non-litigation dispute resolution attempts between Euroconsumers and Apple failed. Such attempts included a cease and desist letter sent to Apple alleging that “[a] very high number of consumers who own(ed) iPhone 6, 6s, 6plus, 6s plus devices … had experienced malfunctions, loss of performance and sudden shutdowns of their smartphones, and that, to overcome them, they had had to replace the battery or purchase a later generation iPhone” after updating the iOS10 operating system.

Euroconsumers’ Head of Policy and Enforcement, Els Bruggeman, said in a press release:

When consumers buy Apple iPhones, they expect sustainable quality products. Unfortunately, that is not what happened with the iPhone 6 series. Not only were consumers defrauded, and did they have to face frustration and financial harm, from an environmental point of view it is also utterly irresponsible. This new lawsuit is the latest front in our fight against planned obsolescence in Europe. Our ask is simple: American consumers received compensation, European consumers want to be treated with the same fairness and respect.

Apple has faced sanctions for its use of planned obsolescence practices in the past. Italian independent authority AGCM fined Apple £10 million in 2018 for its planned obsolescence which saw older users strongly encouraged to install a new operating system which slowed down their device and decreased its functionality, unbeknownst to users.

Euroconsumers said that it intends to file a fourth class action lawsuit in Portugal within “the coming weeks.”

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Egypt prisons rife with human rights abuses: report http://www.itbkb.cn/news/2021/01/egypt-prisons-rife-with-human-rights-abuses-report/ Mon, 25 Jan 2021 22:28:06 +0000 http://www.itbkb.cn/news/?p=151040 Egyptian prisons are rife with human rights abuses, according to a Monday report from Amnesty International. “What do I care if you die?” Negligence and denial of health care in the Egyptian prisons, the 74-page report, looked into eight key issues: mass arbitrary detention policy; cruel and inhuman detention conditions; barring prisoners’ contact with family; […]

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Egyptian prisons are rife with human rights abuses, according to a Monday report from Amnesty International.

“What do I care if you die?” Negligence and denial of health care in the Egyptian prisons, the 74-page report, looked into eight key issues: mass arbitrary detention policy; cruel and inhuman detention conditions; barring prisoners’ contact with family; mishandled COVID-19 response; medical negligence; deliberate healthcare denial; death in custody; and impunity with lack of oversight.

The report found that “Egyptian authorities abuse pre-trial detention to detain thousands for months or years without formally charging or trying them, including for expressing their opinions, taking part in peaceful protests, doing media work, criticizing the authorities online, defending human rights or participating in politics.” Also, the country’s legal system provides for imprisonment to be imposed upon persons for “acts that do not constitute internationally recognized criminal offences.” The country has a legal obligation to protect human rights given that it ratified the International Covenant on Economic, Social and Cultural Rights.

Further, the report found that against international human rights laws and standards, prisoners in the country are not afforded their right to health and minimum treatment standards including hygiene standards. In particular, mental health care was identified as a major shortfall in the country’s prisons, especially given that prisoners are almost always denied access to psychologists and psychiatrists. Paired with restrictions imposed on communication with family and the outside world while living in inhumane detention conditions, the report found that suicidal thoughts are common among prisoners. And for those who self-harmed or attempted suicide, “difficulty and delays in receiving external mental health support” persisted.

Other human rights issues identified include severe overcrowding; insufficient food; abusing solitary confinement, including by holding persons for political reasons; delayed and inadequate healthcare, including during emergencies and poor gender-specific healthcare; sexual harassment perpetrated by medical staff; withholding medication for political reasons; and propaganda whitewashing prison conditions. The report concluded that such human rights abuses contributed to health deterioration and untimely death of affected prisoners.

In a statement, the organization’s Middle East and North Africa Research and Advocacy Director, Philip Luther, commented:

Prison officials show utter disregard for the lives and wellbeing of prisoners crammed into the country’s overcrowded prisons and largely ignore their health needs. They leave it to the prisoners’ families to provide them with medication, food and cash to buy basics like soap and inflict additional suffering by denying them adequate medical treatment or timely transfer to hospitals … When the denial causes severe pain or suffering and is a deliberate act for the purpose of punishment, it constitutes torture.

Human rights abuses in Egypt prisons are nothing new. As the report noted, “[i]nhumane detention conditions have long plagued Egypt’s prisons, adversely affecting prisoners’ enjoyment of their right to health.” A 63-page report released by the organization in May of 2018 concluded that “there is a human rights crisis in Egypt’s prisons” owing to conditions failing to meet international standards and the infliction of torture by a variety of Egypt authorities including “police officers, military officers, National Security officers and prison guards.”

To address the human rights abuses, the report included several recommendations including amending Egypt’s national laws to achieve greater consistency with international law and standards.

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US Supreme Court ends two emolument suits against Trump http://www.itbkb.cn/news/2021/01/us-supreme-court-ends-two-emolument-suits-against-trump/ Mon, 25 Jan 2021 21:13:19 +0000 http://www.itbkb.cn/news/?p=151028 The US Supreme Court on Monday closed the door on two separate lawsuits alleging that former president Donald Trump violated the “emoluments clauses” of the US Constitution by financially benefiting from his properties in New York and Washington while in political office. The court, in a series of short orders, found the cases to be […]

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The US Supreme Court on Monday closed the door on two separate lawsuits alleging that former president Donald Trump violated the “emoluments clauses” of the US Constitution by financially benefiting from his properties in New York and Washington while in political office.

The court, in a series of short orders, found the cases to be moot now that Trump is no longer president. The court ordered the judgments vacated and remanded with instructions to dismiss. In declining to hear the cases, the court indicated it would not rule on the three emoluments clauses found within the Constitution; an area of law rarely examined at the appellate level.

The court’s orders concern two cases stemming from complaints accusing Trump and his organization of taking payments from domestic and foreign officials staying at the Trump International Hotel and patronizing other Trump family-owned businesses. Citizens for Responsibility and Ethics in Washington, a public watchdog group, filed its initial complaint in January 2017, just days following Trump’s inauguration.

The Domestic Emoluments Clause (a.k.a. the Presidential Emoluments Clause) prohibits the president from receiving “any other emolument”—compensation for services or labor—from foreign or domestic states, beyond the president’s official salary. The other clause, the Foreign Emoluments Clause, bars “any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state” without Congressional approval.

The House Committee on Oversight and Reform has monitored potential emolument issues since Trump assumed the presidency. “President Trump is defying warnings from Republican and Democratic ethics experts and refusing to do what every previous president has done for decades—divest himself of this ownership interests, liquate his business assets, and place them in a truly blind trust operated by an independent entity,” said the committee in a statement from the beginning of Trump’s term.

Last February a federal appeals court dismissed another emoluments lawsuit brought by 215 Democratic congressional members.

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Breonna Taylor grand jurors seek impeachment of Kentucky AG Cameron http://www.itbkb.cn/news/2021/01/breonna-taylor-grand-jurors-seek-impeachment-of-ag-daniel-cameron/ Mon, 25 Jan 2021 19:07:41 +0000 http://www.itbkb.cn/news/?p=151012 A group of “concerned Kentucky citizens,” including three grand jurors from Breonna Taylor’s case, announced a petition to impeach special prosecutor and state Attorney General Daniel Cameron on Friday. Jurors accuse Cameron of “abuse of office and breach of duties of professional responsibility and ethics” and “misrepresenting to the nation the findings of the grand […]

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A group of “concerned Kentucky citizens,” including three grand jurors from Breonna Taylor’s case, announced a petition to impeach special prosecutor and state Attorney General Daniel Cameron on Friday. Jurors accuse Cameron of “abuse of office and breach of duties of professional responsibility and ethics” and “misrepresenting to the nation the findings of the grand jury.”

In a September press conference, Cameron told the public that “the grand jury had every piece of detail needed to make their assessment and their judgments” on the charges for former Louisville police officer Brett Hankinson. Shortly after, an anonymous juror filed a motion asking Cameron to release a transcript of the grand jury proceedings, claiming he had misrepresented his handling of the case. Cameron later clarified that he had only presented the grand jury with information about the wanton endangerment charges that Hankinson received, a choice that received criticism amidst cries for police accountability.

The impeachment also alleges that Cameron was involved with inciting the January 6 insurrection. Cameron is an executive member of the National Association of Republican Attorneys General (RAGA). They are tied to a non-profit called the Rule of Law Defense Fund, which sent out robocalls urging supporters to participate in the invasion of the Capitol.

Cameron’s impeachment is the third in the Kentucky state legislature this year. Four Kentuckians sought to impeach Governor Andy Beshear in January over COVID-19 restrictions. Three days later, residents filed impeachment papers for Rep. Robert Goforth, accused of choking a woman with a cord during a domestic dispute. The state legislature created an impeachment committee to deal with these concerns.

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Central African Republic surrenders war crimes suspect Mahamat Said Abdel Kani to ICC http://www.itbkb.cn/news/2021/01/central-african-republic-surrenders-war-crimes-suspect-mahamat-said-abdel-kani-to-icc/ Mon, 25 Jan 2021 18:20:21 +0000 http://www.itbkb.cn/news/?p=151000 Central African Republic (CAR) officials on Sunday surrendered war crimes Mahamat Said Abdel Kani to the International Criminal Court (ICC). An ICC investigation carried out by Chief Prosecutor Fatou Bensouda in 2014 resulted in an arrest warrant accusing him of war crimes and crimes against humanity. According to the ICC press release, Said is suspected […]

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Central African Republic (CAR) officials on Sunday surrendered war crimes Mahamat Said Abdel Kani to the International Criminal Court (ICC). An ICC investigation carried out by Chief Prosecutor Fatou Bensouda in 2014 resulted in an arrest warrant accusing him of war crimes and crimes against humanity.

According to the ICC press release, Said is suspected of being involved in the mass violence caused by armed conflict between the Seleka, a group that opposes President Fran?ois Bozizé, and Anti-Balaka, a group that supports the President. The violence led to the death of numerous members of the civilian population between 2013 and 2014.

The press release further states:

The Single Judge found reasonable grounds to believe that Mr. Said, a national of the Central African Republic, born on 25 February 1970 in Bria, was a Seleka Commander, and in this capacity, he is suspected of being responsible for the following crimes: crimes against humanity (imprisonment or other severe deprivation of liberty; torture; persecution; enforced disappearance and other inhumane acts; and war crimes (torture and cruel treatment).

Said must appear before the Single Judge of the Pre-Trial Chamber II before the trial, which is set to begin on February 9.

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California lawmaker introduces bill to change expert testimony, forensic evidence legal standards http://www.itbkb.cn/news/2021/01/california-lawmaker-introduces-bill-to-change-expert-testimony-forensic-evidence-legal-standards/ Mon, 25 Jan 2021 18:10:18 +0000 http://www.itbkb.cn/news/?p=150996 A California lawmaker introduced a bill in the state Senate on Friday that aims to change expert testimony and forensic evidence legal standards. This bill seeks to make it easier for falsely accused individuals to challenge wrongful convictions. Inaccurate expert testimony and faulty forensic science can lead to wrongful convictions. According to a report from […]

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A California lawmaker introduced a bill in the state Senate on Friday that aims to change expert testimony and forensic evidence legal standards. This bill seeks to make it easier for falsely accused individuals to challenge wrongful convictions.

Inaccurate expert testimony and faulty forensic science can lead to wrongful convictions. According to a report from UC Berkeley School of Law and the University of Pennsylvania Law School, erroneous convictions cost California taxpayers over $282 million between 1989 and 2012. Approximately 200 people in California wrongfully served jail sentences for serious crimes since 1989.

California Senator Scott Wiener introduced Senate Bill 243 on Friday.?The bill seeks to expand the definition of false evidence to include expert opinions “that are undermined by scientific research that existed at the time of the expert’s testimony.” False evidence would also include opinions for which there is a reasonable dispute as to methodology or theory validity within the relevant scientific community.

A court in any criminal proceeding would be required to determine whether, when considering expert testimony, the expert’s opinion and any underlying materials are “based on a reliable foundation, proper methodology, and sound logic.” Courts would not be allowed to rely upon any opinion or underlying materials that lack these three things.

The bill may be acted upon on or after February 21.

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Uganda court orders security forces to stop surrounding home of opposition leader http://www.itbkb.cn/news/2021/01/uganda-court-orders-security-forces-to-stop-surrounding-home-of-opposition-leader/ Mon, 25 Jan 2021 17:20:28 +0000 http://www.itbkb.cn/news/?p=150987 A Ugandan court on Monday ordered security forces to stop surrounding the home of opposition leader Bobi Wine. Wine, whose real name is Robert Kyagulani, has been under house arrest since the January 14 presidential election. In November Wine was detained for allegedly violating the government’s COVID-19 rules by holding political rallies. His detention sparked […]

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A Ugandan court on Monday ordered security forces to stop surrounding the home of opposition leader Bobi Wine. Wine, whose real name is Robert Kyagulani, has been under house arrest since the January 14 presidential election.

In November Wine was detained for allegedly violating the government’s COVID-19 rules by holding political rallies. His detention sparked violent protests in which 37 individuals died. He was released on bail later in November.

On January 7, Wine asked the International Criminal Court to investigate President Yoweri Museveni, Security Minister Elly Tumwine and eight other senior officials for sanctioning human rights abuses.?In the January 14 election, Wine ran against incumbent President Museveni. After Wine voted in the election, security forces blocked Wine from leaving his house.

In the election, Museveni was declared the winner. He had 59 percent of votes, while Wine had 35 percent. Wine rejected the results, and he is entitled to challenge the result within 15 days following the announcement of the election results by the Supreme Court.

There was substantial foreign pressure on the Ugandan government to free Wine, including from the US. Wine’s lawyer George Musisi said Monday that the judge ordered that “the state and its agencies should immediately vacate his property and his right to personal liberty should immediately be reinstated.”

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Dominion Voting Systems files lawsuit against Trump personal attorney Rudy Giuliani http://www.itbkb.cn/news/2021/01/dominion-voting-systems-files-lawsuit-against-trump-personal-attorney-rudy-giuliani/ Mon, 25 Jan 2021 16:40:26 +0000 http://www.itbkb.cn/news/?p=150986 Dominion Voting Systems sued Trump’s personal attorney Rudy Giuliani Monday for defamation following his post-election statements regarding their voting machines. The lawsuit filed in the US District Court for the District of Columbia, alleges that Giuliani’s defamatory statements gave rise to more than $650 million in damages, and the company seeks a total of $1.3 […]

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Dominion Voting Systems sued Trump’s personal attorney Rudy Giuliani Monday for defamation following his post-election statements regarding their voting machines. The lawsuit filed in the US District Court for the District of Columbia, alleges that Giuliani’s defamatory statements gave rise to more than $650 million in damages, and the company seeks a total of $1.3 billion in damages, including punitive damages.

The complaint exhaustively covers statements by Giuliani after the 2020 election, particularly on Giuliani’s repeated claim that Dominion Voting Systems is a front for a Venezuelan company called Smartmatic. Moreover, Giuliani claimed that Smartmatic had close ties to deceased Venezuelan leader Hugo Chavez and investor George Soros. Soros is a popular figure among right-wing conspiracy theories.

Dominion Voting System’s complaint highlights the disparity between Giuliani’s claims of voter fraud and hacking or defects in Dominion’s voting machines and the actual legal challenges brought by Trump’s legal team, which did not allege issues with Dominion’s voting machines. These lawsuits were largely failures.

Dominion alleges that as a result of Giuliani’s defamatory claims, Dominion employees were subject to threats and harassment. States including Arizona, Florida, Louisiana, Michigan and Pennsylvania have introduced legislation to review and reassess their contracts with Dominion.

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Turkish appeals court orders retrial of nine defendants in 2013 Gezi Park protest case http://www.itbkb.cn/news/2021/01/turkish-appeals-court-orders-retrial-of-nine-defendants-in-2013-gezi-park-protest-case/ Mon, 25 Jan 2021 16:31:43 +0000 http://www.itbkb.cn/news/?p=150957 The 3rd Panel Chamber of the Istanbul Regional Court of Justice Friday overturned the acquittal of nine of the 16 defendants implicated in the 2013 Gezi Park protest against the removal of trees in the park, ordering that the case be sent back to the court of first instance for a retrial. The nine defendants […]

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The 3rd Panel Chamber of the Istanbul Regional Court of Justice Friday overturned the acquittal of nine of the 16 defendants implicated in the 2013 Gezi Park protest against the removal of trees in the park, ordering that the case be sent back to the court of first instance for a retrial.

The nine defendants were acquitted last February on charges related to the organization of protests in Gezi Park, Istanbul, including “attempting to overthrow the government of the Republic of Turkey or preventing the government from doing its duty.” Among these people is philanthropist Osman Kavala, who recently failed in his attempt to challenge his three-year-long detention in the Turkish Constitutional Court.

February’s acquittal came as a surprise to many, as the arrests and the subsequent trial of the Gezi protesters were seen by critics as an attempt by President Recep Tayyip Erdo?an to silence opposition. The judge at Istanbul’s?30th Heavy Penal Court had?considered that there was “not enough concrete evidence” against the defendants to convict them.

The appeals court cited among its reasons for the decision the lower court’s failure to consider certain pieces of evidence, noting also that a second case against Kavala should be considered.

A date for the retrial has yet to be confirmed.

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Argentina law legalizing abortion comes into force http://www.itbkb.cn/news/2021/01/argentina-law-legalizing-abortion-comes-into-force/ Mon, 25 Jan 2021 15:18:16 +0000 http://www.itbkb.cn/news/?p=150970 Argentina’s Voluntary Interruption of Pregnancy Law, approved by the Chamber of Deputies and the Senate last month came into force Sunday. The law gives a choice to women and other gender identities to terminate their pregnancy within 14 weeks of pregnancy. Beyond 14 weeks, pregnancy can be terminated only in cases of rape, or when […]

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Argentina’s Voluntary Interruption of Pregnancy Law, approved by the Chamber of Deputies and the Senate last month came into force Sunday.

The law gives a choice to women and other gender identities to terminate their pregnancy within 14 weeks of pregnancy. Beyond 14 weeks, pregnancy can be terminated only in cases of rape, or when there is a risk to the individual or the child. Prior to this law, abortion was a crime included under the 1921 penal law of Argentina.

Minister of Women, Gender and Diversity, Elizabeth Gomez Alcorta said that as soon as the law comes into force, abortion falling under the category mentioned in the law will be decriminalized and all pending criminal cases shall be dismissed. She further stated, “This should happen despite the enormous resistance that exists in conservative sectors and closely linked to the churches in our region.”

She said this in relation to medical and legal Catholic professionals who opposed the move. While the pro-life supporters have condemned the passing of the law, pro-choice activists welcomed the law, seeing it as a victory for the feminist movement in the country.

With this law, Argentina joins other Latin American countries like Cuba and Uruguay that have legalized abortion.

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Spain Jesuit order admits to sexual abuse of 81 children and 37 adults http://www.itbkb.cn/news/2021/01/spain-jesuit-order-admits-to-sexual-abuse-of-81-children-and-37-adults/ Mon, 25 Jan 2021 14:15:51 +0000 http://www.itbkb.cn/news/?p=150945 The Jesuit order in Spain?released a report Thursday in which it admitted to and apologized for 118 cases of sexual abuse committed by its members since 1927. According to the report, published by the Society of Jesus (Compa?ía de Jesús en Espa?a), 81 of these victims had been children. Abuse ranged from the use of […]

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The Jesuit order in Spain?released a report Thursday in which it admitted to and apologized for 118 cases of sexual abuse committed by its members since 1927.

According to the report, published by the Society of Jesus (Compa?ía de Jesús en Espa?a), 81 of these victims had been children. Abuse ranged from the use of inappropriate language to sexual relations, though the majority of evidence was of inappropriate touching.

The report stresses that the 96 Jesuits responsible for the abuse amounted to only 1.08 percent of its members since 1927. Of the 65 Jesuits who had abused children, 48 have since died. Of the 17 still living, four are no longer Jesuits, and the remaining 13 have either been prevented from working pending the outcome of criminal or internal proceedings, or removed to isolated Jesuit communities.

The society apologized for the “painful, shameful and sorrowful crimes” committed by its members, noting that there had been times when accusations were insufficiently addressed, or the society had remained silent despite knowledge of abuse. “It hurts us that our companions, Jesuits with whom we have lived and shared a mission, have crossed those lines that should never be crossed,” it added in its report.

The report has been welcomed by many as the latest example of increasing accountability within the Catholic Church. However, some remain disappointed that the names of the abusers were not disclosed in the report. They?hope that the Jesuits’ investigation will lead to criminal action against the few surviving abusers, as well as plans to compensate the victims.

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Texas sues Biden Homeland Security officials to halt 100-day suspension of deportations http://www.itbkb.cn/news/2021/01/texas-sues-biden-homeland-security-officials-to-halt-100-day-suspension-of-deportations/ Mon, 25 Jan 2021 13:11:22 +0000 http://www.itbkb.cn/news/?p=150932 Texas Attorney General Ken Paxton on Friday?sued Biden-appointed officials at the Department of Homeland Security (DHS) to stop an executive action?pausing deportations for 100 days. President Joe Biden signed the 100-day moratorium on his first day in office, as part of a comprehensive review of DHS policies. The deportation freeze seeks to allow DHS to […]

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Texas Attorney General Ken Paxton on Friday?sued Biden-appointed officials at the Department of Homeland Security (DHS) to stop an executive action?pausing deportations for 100 days.

President Joe Biden signed the 100-day moratorium on his first day in office, as part of a comprehensive review of DHS policies. The deportation freeze seeks to allow DHS to “enable focusing the Department’s resources where they are needed most,” including COVID-19 mitigation efforts in ICE facilities.

The order does not bar all deportations. It directs the department to prioritize the deportation of immigrants “suspected of terrorism or espionage,” crossers who entered the country after November 1, 2020, and people who have voluntarily waived their right to stay in the US. It also does not seek to hamper “the apprehension or detention of individuals unlawfully in the United States who are not identified as priorities herein.”

Paxton argues that this order violates an agreement that the Trump administration’s DHS signed with Texas and a few other states weeks before Biden took office. The agreement required DHS to give state officials six months’ notice before changing immigration laws and ensured the states had a right to comment on proposed plans.

He claims that the pause on deportations could lead to “budgetary harms, including higher education and healthcare costs,” and requests an injunction on the moratorium until legal issues can be discussed further. The case will be heard in Texas by Trump-appointed federal judge Drew Tipton.

Paxton, who led a major fraudulent election?challenge for Donald Trump, pledged?to “fight against the many unconstitutional and illegal actions that the new administration will take, challenge federal overreach that infringes on Texans’ rights and serve as a major check against the administration’s lawlessness.” Paxton is currently under investigation by the FBI for allegedly using his office to do favors for his political donors.

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Thousands protest in Russia against the arrest of opposition leader Alexei Navalny, police cracks down http://www.itbkb.cn/news/2021/01/thousands-protest-in-russia-against-the-arrest-of-opposition-leader-alexei-navalny-police-cracks-down/ Mon, 25 Jan 2021 12:59:59 +0000 http://www.itbkb.cn/news/?p=150968 Supporters of the imprisoned Kremlin critic Alexei Navalny held large demonstrations across Russia over the weekend in a series of mass protests that the police deemed illegal. Navalny, one of Vladimir Putin’s lead political opponents was evacuated to Germany last August where he was treated after being attacked with what Western nations believe to be […]

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Supporters of the imprisoned Kremlin critic Alexei Navalny held large demonstrations across Russia over the weekend in a series of mass protests that the police deemed illegal.

Navalny, one of Vladimir Putin’s lead political opponents was evacuated to Germany last August where he was treated after being attacked with what Western nations believe to be a nerve agent. Russia’s Federal Prison Service (FSIN) ordered him last month to fly back from Germany, where he was recovering, and report at a Moscow office or be jailed if he failed to return in time. He was immediately detained after his return last week. He is accused of failing to inform FSIN of a deferred term he was completing on a conviction dating from 2014. Navalny maintains that the initial conviction against him was been politically influenced. He faces potential trouble in three other criminal cases too.?A Moscow court also sentenced Navalny’s spokesperson Kira Yarmysh to nine days in prison, giving another ally 10 days, and fining another 250,000 roubles for criminal conduct.

Navalny had called on his supporters to protest and demand his release. In central Moscow, an estimated 40,000 people had gathered in one of the biggest unauthorized rallies in years. Across the country, an estimated 100,000 protesters took to the streets raising anti-Putin and anti-government slogans. The authorities had warned people from attending protests citing COVID-19 risks and possible prosecution. More than 3,000 people were arrested across the country in the ensuing police crackdown. Images of protesters with injuries such as bloodied heads circulated on social media. State prosecutors opened criminal cases into alleged violence against police officers by protesters. There were outages on mobile phone and internet services, the website monitoring site downdetector.ru showed which made it difficult for protestors to communicate with each other.

The US State Department condemned “the use of harsh tactics against protesters and journalists this weekend in cities throughout Russia” and called on Russian authorities to immediately release Navalny and all those detained at protests. “We urge Russia to fully cooperate with the international community’s investigation into the poisoning of Aleksey Navalny and credibly explain the use of a chemical weapon on its soil.”

The EU will consider fresh sanctions on Russian individuals on Monday as neighboring countries like Lithuania, Romania and Estonia strongly condemned Russia.?Navalny’s supporters called for protests again next weekend.

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Son of couple killed in Pittsburgh synagogue mass shooting sues Colt and NRA for radicalizing killer http://www.itbkb.cn/news/2021/01/son-of-couple-killed-in-tree-of-life-shooting-sues-colt-and-nra-for-radicalizing-shooter/ Mon, 25 Jan 2021 00:38:19 +0000 http://www.itbkb.cn/news/?p=150930 Marc Simon, the son of Sylvan and Bernice Simon, both of whom were killed in the 2018 Tree of Life shooting in Pittsburgh that killed eleven people and wounded six others, has sued firearms manufacturer Colt and the National Rifle Association (NRA) for their roles in radicalizing Robert Bowers, the indicted shooter. The novel 47-page […]

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Marc Simon, the son of Sylvan and Bernice Simon, both of whom were killed in the 2018 Tree of Life shooting in Pittsburgh that killed eleven people and wounded six others, has sued firearms manufacturer Colt and the National Rifle Association (NRA) for their roles in radicalizing Robert Bowers, the indicted shooter.

The novel 47-page complaint, filed in the Allegheny County Court of Common Pleas, alleges that the gun lobby radicalizes people with “mendacious white supremacist conspiracy theories” in order to make increased profits. The complaint, signed by attorney Robert A. Bracken of Bracken Lamberton LLC, argued that the AR-15 rifle is practically a machine gun and that Colt could have designed the gun to accept less lethal rounds, prevent bump firing, and only use fixed-capacity magazines.

The AR-15 style assault rifle has gained notoriety due to its usage in mass shootings, with assault rifles causing 39% of the deaths and 92% of the injuries in mass shootings since 2017.

The complaint also lists the NRA as a defendant. According to the lawsuit, the NRA promotes “stochastic terrorism,” where an organization fosters an “us-versus-them” mentality in online echo chambers by promoting conspiracy theories to the point that an act of violence becomes statistically probable.

The complaint alleges that speeches made by Wayne LaPierre, executive vice president of the NRA, are filled with rhetoric designed to incite conspiratorial feelings and vilify Jewish American billionaires. A quote by Mr. LaPierre is highlighted in the complaint:

If … these so-called new European socialists take over the House, and the Senate, and god forbid they get the White House again, our American freedoms could be lost and our country will be changed forever. And the first to go will be the Second Amendment to the United States Constitution. […] It is all backed in this country by the social engineering and the billions of people like George Soros, Michael Bloomberg, Tom Steyer and more.

In a statement, Andrew Arulanandam, part of the NRA’s public affairs division said, “[t]he NRA promotes the safe, lawful use of firearms and is saddened by this horrific event.”

Since the NRA filed for bankruptcy last week, this lawsuit against the NRA is automatically on stay, but the lawsuit will proceed against Colt.

Bowers is still awaiting trial, with prosecutors seeking the death penalty.

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California AG announces civil rights investigation of Los Angeles County Sheriff’s Department http://www.itbkb.cn/news/2021/01/california-ag-announces-civil-rights-investigation-of-los-angeles-county-sheriffs-department/ Mon, 25 Jan 2021 00:34:28 +0000 http://www.itbkb.cn/news/?p=150925 California Attorney General Xavier Becerra announced?on Friday the launch of a civil rights investigation into an alleged pattern of unconstitutional policing conducted by the Los Angeles County Sheriff’s Department (LASD). The California Constitution and the California Civil Code Section 52.3 authorize the California Attorney General to conduct civil investigations of law enforcement agencies in order […]

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California Attorney General Xavier Becerra announced?on Friday the launch of a civil rights investigation into an alleged pattern of unconstitutional policing conducted by the Los Angeles County Sheriff’s Department (LASD).

The California Constitution and the California Civil Code Section 52.3 authorize the California Attorney General to conduct civil investigations of law enforcement agencies in order to determine whether the agency engaged in conduct that violates state or federal law. This “pattern or practice investigation typically works to identify and, as appropriate, ultimately address potentially systematic violations of the constitutional rights of the community at large by a law enforcement agency.” A criminal investigation is not being pursued at this time. A criminal investigation differs from a civil investigation because criminal investigations are on individual incidents rather than a pattern of behavior. ?

The California Department of Justice (DOJ) will investigate the reports of “excessive force, retaliation, and other misconduct.” Specifically, illegal shootings and abuse of jail inmates are among the allegations. The incidents in the reports involve LASD management and personnel. During the investigation, investigators will interview community members and organizations, local officials, individual officers, and oversight entities.

LASD Sherriff Alex Vanueva expressed openness to the investigation. Villanueva stated that “our department may finally have an impartial, objective assessment of our operations, and recommendations on any areas we can improve our service to the community.”

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Google and Facebook oppose proposed Australian law requiring payment to news media companies http://www.itbkb.cn/news/2021/01/google-and-facebook-oppose-proposed-australian-law-requiring-them-to-pay-news-media-companies/ Sun, 24 Jan 2021 14:07:16 +0000 http://www.itbkb.cn/news/?p=150916 Tech platforms such as Google and Facebook are fighting a proposed Australian law?that will force them to remunerate Australian news media companies. The Australian government introduced the News Media and Digital Platforms Mandatory Bargaining Code in December 2020 after more than three years of extensive public consultation in order to “address the bargaining power imbalance […]

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Tech platforms such as Google and Facebook are fighting a proposed Australian law?that will force them to remunerate Australian news media companies.

The Australian government introduced the News Media and Digital Platforms Mandatory Bargaining Code in December 2020 after more than three years of extensive public consultation in order to “address the bargaining power imbalance between news media businesses and digital platforms.” The Code is aimed at sustaining public interest journalism in Australia and ensuring that news media companies are remunerated for the content they create. While it will initially apply only to the Facebook News Feed and Google Search, it can include other digital platform services in the future if there is sufficient evidence that they give rise to a bargaining power imbalance. The Code encourages parties to undertake commercial negotiations, enables the tech platforms to publish standard offers, establishes a framework to negotiate in good faith, and sets clear and workable minimum standards for tech platforms.

In response to the law, Facebook said:

Australia is proposing legislation to govern the relationship between Facebook and news publishers that misunderstands the dynamics of the internet and ignores important facts about the value publishers receive from Facebook. Assuming this draft legislation becomes law, we will reluctantly stop allowing publishers and people in Australia from sharing local and international news on Facebook and Instagram. This is not our first choice – it is our last. But it is the only way to protect against an outcome that defies logic and will hurt, not help, the long-term vibrancy of Australia’s news and media sector.

Google, while threatening to disable its search engine in Australia,?said:

The Code was originally designed to support the financial future of publishers—an important goal which we’ve committed to support. But the way it tries to achieve this would break the way Google Search works. The Code would force Google to pay for links to certain publishers, despite the value they already receive in free user traffic from Google. This code creates an unreasonable and unmanageable financial and operational risk to our business. If the Code were to become law in its current form, we would have no real choice but to stop making Google Search available in Australia.

During a press conference?at Brisbane on Friday, Australian Prime Minister Scott Morrison stated that the country “do[esn’t] respond to threats,” referring to Google’s statement.

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UK court sentences seven for Essex lorry deaths of 39 Vietnamese migrants http://www.itbkb.cn/news/2021/01/uk-court-sentences-seven-for-essex-lorry-deaths-of-39-vietnamese-migrants/ Sat, 23 Jan 2021 20:30:15 +0000 http://www.itbkb.cn/news/?p=150836 The Central Criminal Court of England and Wales Friday sentenced?seven persons to a total of 92 years in prison after their failed smuggling attempt resulted in the deaths of 39 Vietnamese migrants. The migrants were shipped from Vietnam to the UK in a sealed refrigeration container, but oxygen levels depleted and the temperature rose to […]

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The Central Criminal Court of England and Wales Friday sentenced?seven persons to a total of 92 years in prison after their failed smuggling attempt resulted in the deaths of 39 Vietnamese migrants.

The migrants were shipped from Vietnam to the UK in a sealed refrigeration container, but oxygen levels depleted and the temperature rose to 40C during the journey. The bodies were found 10 hours later by Maurice Robinson, the driver of the smuggling operation. He had been paid £25,000 by Ronan Hughes, one of the two ringleaders, to collect the container after its delivery to the port of Purfleet in Essex.?The migrants paid the smugglers to be able to work illegally in the UK, and most of them?paid approximately £30,000.

Prior to the trial, the defense attempted a claim for Hughes to be tried in Ireland instead of the UK. The claim failed after the counsel for the minister of justice argued that the extradition claim was a “red herring,” stating that the deaths of all of the migrants happened within the UK. The High Court of Ireland ordered Hughes’ extradition to the UK in June 2020.

The two ringleaders?were sentenced to 20 and 27 years respectively; Robinson was sentenced to 13 years while Eamonn Harrison, the driver who drove the container from Belgium to Britain, was sentenced to 18 years. Alexandru-Ovidiu Hanga, Christopher Kennedy and Gazmir Nuzi were found guilty for their involvement in the illegal smuggling ring, and were sentenced to three, four and seven years respectively.

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Nigeria court overturns two blasphemy convictions after international outcry http://www.itbkb.cn/news/2021/01/nigeria-high-court-overturns-two-blasphemy-convictions-after-international-outcry/ Sat, 23 Jan 2021 20:26:39 +0000 http://www.itbkb.cn/news/?p=150861 The High Court of the Kano State of Nigeria Thursday acquitted a teenager sentenced to 10 years in prison and ordered a fresh trial for a man sentenced to death after the convictions caused international outcry. A Sharia (Islamic law) court had convicted the two individuals in August last year. The high court that overturned […]

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The High Court of the Kano State of Nigeria Thursday acquitted a teenager sentenced to 10 years in prison and ordered a fresh trial for a man sentenced to death after the convictions caused international outcry.

A Sharia (Islamic law) court had convicted the two individuals in August last year. The high court that overturned the convictions is in the secular branch, and the defendants’ lawyers argued that Sharia is incompatible with Nigeria’s secular constitution.

Omar Farouq was convicted of blasphemy because he allegedly made uncomplimentary comments about God while arguing with a friend.?He was acquitted as he was a minor and had not received proper legal representation. Peter Hawkins,?UN Children’s Fund representative in Nigeria, stated in September that Farouq’s sentence “negate[d] all core underlying principles of child rights and child justice that Nigeria – and by implication, Kano State – has signed on to.” Also in September, the director of Poland’s Auschwitz Memorial volunteered with 119 others to serve Farouq’s 10-year prison sentence, each volunteer offering to serve one month.

Yahaya Sharif-Aminu was convicted of blasphemy?for sharing a song on WhatsApp that elevated an Imam from the Tijaniya Muslim brotherhood above the Prophet Muhammad. He was sentenced to death. The sentence was intended to deter others from insulting the prophet and occurred after protesters demanded action to be taken against him. He was not allowed to have legal representation before and during the trial in the Sharia court. He will likely remain in custody until his fresh trial. ?

Moving forward, the defense lawyer representing both Farouq and Sharif-Aminu stated that “their lives will never be the same.” Farouq’s parents had dissociated themselves from him, and it is likely unsafe for him to remain in Kano. Sharif-Aminu’s home was burned down by protestors, forcing his family to flee.

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Europe court confirms multiple rights violations by police during 2013 Ukraine protests http://www.itbkb.cn/news/2021/01/echr-confirms-multiple-violations-of-human-rights-during-ukraines-maidan-protests/ Sat, 23 Jan 2021 19:44:40 +0000 http://www.itbkb.cn/news/?p=150847 The European Court of Human Rights (ECHR) Thursday unanimously held that there had been multiple violations of the European Convention on Human Rights during the 2013-14 Maidan protests in Kyiv and other Ukrainian cities that led to the removal and flight of President Viktor Yanukovych.?The court gave judgments in five cases having a total of […]

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The European Court of Human Rights (ECHR) Thursday unanimously held that there had been multiple violations of the European Convention on Human Rights during the 2013-14 Maidan protests in Kyiv and other Ukrainian cities that led to the removal and flight of President Viktor Yanukovych.?The court gave judgments in five cases having a total of 38 applicants who were either present at or played a role in the protests. They had all faced the police or non-State agents under police control (or titushky) and alleged police brutality, unjustified detention, and the denial of their right to protest.

The court found multiple violations of Articles 3 (prohibition of torture and inhuman and degrading treatment), 5 (right to liberty and security) and 11 (freedom of assembly and association) of the Convention. It also found single violations of Articles 2 (right to life) and 8 (right to respect for private and family life).

The court said that law enforcement officials had used “excessive and sometimes brutal force” against peaceful protesters, resulting in the escalation of violence. It particularly noted the use of stun grenades, tear gas and plastic bullets for crowd control or dispersal. Many protestors at the Maidan vigil were beaten to the point of losing consciousness. The court said that such interference in the enjoyment of the right to freedom of assembly was “disproportionate and unwarranted in a democratic society” and discouraged participation in open political debate.

The court noted that “much of the ill-treatment had been a deliberate strategy on the part of the authorities.” Investigation is still pending in many cases of alleged abuse by authorities such as police officers and judges, and the State has failed to investigate adequately or expediently.

The conduct of law enforcement officials during the protests and the failure of the Ukrainian State to thereafter establish an “independent and effective mechanism” for investigation of crimes had led to multiple violations of the Convention. The ECHR held Ukraine liable to pay pecuniary and non-pecuniary damages to some of the applicants, as well as costs and expenses as set out in the judgments.

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Two million people internally displaced by violence in West Africa Sahel region: UNHCR http://www.itbkb.cn/news/2021/01/two-million-people-internally-displaced-by-violence-in-west-africas-sahel-region-unhcr/ Sat, 23 Jan 2021 19:08:46 +0000 http://www.itbkb.cn/news/?p=150853 A UN briefing on Friday called for an end to the violence in West Africa’s Sahel region, where more than two million people have been displaced within the borders of their own countries. Boris Cheshirkov, a spokesperson for the Office of the UN High Commissioner for Refugees (UNHCR), said that the number of internally displaced […]

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A UN briefing on Friday called for an end to the violence in West Africa’s Sahel region, where more than two million people have been displaced within the borders of their own countries.

Boris Cheshirkov, a spokesperson for the Office of the UN High Commissioner for Refugees (UNHCR), said that the number of internally displaced persons in the region has quadrupled in just two years. The region, which includes the nations of Burkina Faso, Chad, Mali, and Niger, has been wracked by violence from armed insurgent groups like al-Qaeda and the Islamic State, criminal gangs, as well as possible extrajudicial killings by government forces.

The latest attacks have hit the locality of Koumbri in the northern part of Burkina Faso, resulting in more than 11,000 people fleeing their homes for the communities of Ouahigouya and Barga that are approximately 35 kilometers away. Many of those displaced have been forced to sleep outside due to a lack of adequate shelter. UNHCR is currently working to construct 108 new shelters, but it noted that the “humanitarian response is dangerously overstretched” and called on other nations to act “to redouble … support for the region.”

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Honduras lawmakers vote to harden bans on abortion and same-sex marriage http://www.itbkb.cn/news/2021/01/honduras-lawmakers-vote-to-harden-bans-on-abortion-and-same-sex-marriage/ Sat, 23 Jan 2021 18:30:27 +0000 http://www.itbkb.cn/news/?p=150851 The National Congress of Honduras Thursday voted?in favor of constitutional reforms that make it difficult to reverse provisions preventing the legalization of abortion and same-sex marriage. Of the 128 members of Congress, 88 voted in favor of the reforms, 28 opposed and seven abstained.?They will have to be ratified in a second session. If ratified, […]

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The National Congress of Honduras Thursday voted?in favor of constitutional reforms that make it difficult to reverse provisions preventing the legalization of abortion and same-sex marriage.

Of the 128 members of Congress, 88 voted in favor of the reforms, 28 opposed and seven abstained.?They will have to be ratified in a second session. If ratified, amendments to the provisions granting legal personhood to fetuses and restricting same-sex marriages will require three-quarters majority.

At present, in addition to Honduran women who undergo abortions, persons involved also face up to six years in prison. Existing laws also prohibit the “use, sale, distribution, and purchase of emergency contraception, carrying the same imprisonment penalties as abortion.”

The Office of the UN High Commissioner for Human Rights has?estimated the number of Honduran women and girls undergoing unsafe abortions each year to be between 51,000 and 82,000, and said that “lack of accessibility of contraception, particularly in rural areas, which, together with the prohibition of emergency contraception, contributes to a high rate of unwanted pregnancy, including adolescent pregnancy.”

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European Parliament resolution criticizes crackdown on dissent ahead of Vietnam Communist Party congress http://www.itbkb.cn/news/2021/01/european-parliament-passes-resolution-criticizing-vietnam-political-prosecutions-ahead-of-communist-party-congress/ Sat, 23 Jan 2021 17:48:48 +0000 http://www.itbkb.cn/news/?p=150744 The European Parliament Thursday passed a resolution criticizing Vietnam for prosecuting political dissent ahead of one of the country’s major political gatherings. Approved by a vote of 592-32, the EU resolution condemns Vietnam’s recent “crackdown on dissent and increasing violations of human rights,” and demands the release of political prisoners who exercised their right to […]

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The European Parliament Thursday passed a resolution criticizing Vietnam for prosecuting political dissent ahead of one of the country’s major political gatherings.

Approved by a vote of 592-32, the EU resolution condemns Vietnam’s recent “crackdown on dissent and increasing violations of human rights,” and demands the release of political prisoners who exercised their right to free expression.

The Communist Party of Vietnam is holding its 13th National Congress Monday, where delegates from across the country will gather to vote on the party’s new leadership. The party chief, president, prime minister, and national assembly chair will all be nominated at the event that ends in early February.?In addition to leadership selection, delegates will also make decisions related to new goals for domestic and international policy.

Due to the event’s high-profile nature, government officials have increasingly prosecuted political dissent in the lead up to it. Members of journalist associations, human rights groups and independent activists have all been reported to have been convicted of political crimes.

A total of?260 people have been convicted of political crimes in the five years since the last party congress. Human Rights Watch’s John Sifton encouraged members of the international community to support the political prisoners’ demands for democracy in Vietnam.?In response, the Ministry of Foreign Affairs of Vietnam stated that the arrests did not violate the right to free expression under the constitution.

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South Africa law regulating funding of political parties signed into operation http://www.itbkb.cn/news/2021/01/south-africa-law-regulating-funding-of-political-parties-signed-into-operation/ Sat, 23 Jan 2021 16:33:47 +0000 http://www.itbkb.cn/news/?p=150843 South African President Cyril Ramaphosa Friday signed a proclamation providing for the Political Party Funding Act, 2018?to come into effect on April 1. The Act regulates public and private funding of political parties in the country. The Act, which repeals the Public Funding of Represented Political Parties Act, 1997, was approved by the parliament in […]

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South African President Cyril Ramaphosa Friday signed a proclamation providing for the Political Party Funding Act, 2018?to come into effect on April 1. The Act regulates public and private funding of political parties in the country.

The Act, which repeals the Public Funding of Represented Political Parties Act, 1997, was approved by the parliament in 2018 and received presidential assent in 2019.

The Act establishes a “Represented Political Party Fund” to provide political parties represented in the parliament and the legislatures with funding to undertake their work. It also establishes a “Multi-Party Democracy Fund” for funding represented political parties from private sources.

The president said:

The implementation of the Political Party Funding Act will have far-reaching consequences for good governance and ethical political activity. It will strengthen the confidence of citizens in the democratic political process and enable them to assert their right to information. At the same time, through the establishment of the Represented Political Party Fund, which provides public funding to parties, and the Multi-Party Democracy Fund, which funds parties from private sources, the Act seeks to ensure that all represented political parties receive sufficient funds for their work in a fair and equitable manner.

One of the Act’s provisions prohibits donations received by parties from sources such as foreign governments or agencies, foreign persons or entities, organs of state, or state-owned enterprises. The Act has received criticism for not prohibiting anonymous donations.

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Switzerland court convicts Israeli diamond tycoon of corruption and forgery for obtaining mining rights http://www.itbkb.cn/news/2021/01/switzerland-court-convicts-israeli-diamond-tycoon-of-corruption-and-forgery-for-obtaining-mining-rights/ Sat, 23 Jan 2021 13:43:09 +0000 http://www.itbkb.cn/news/?p=150818 A Geneva court Friday found?Israeli businessman Beny Steinmetz guilty of corruption and forgery following a two-week trial. A former citizen of Switzerland, Steinmetz and two of his associates faced the two charges for paying $10 million as bribes to receive permits for mining iron ore in Guinea and for forging documents to mask the bribery. […]

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A Geneva court Friday found?Israeli businessman Beny Steinmetz guilty of corruption and forgery following a two-week trial. A former citizen of Switzerland, Steinmetz and two of his associates faced the two charges for paying $10 million as bribes to receive permits for mining iron ore in Guinea and for forging documents to mask the bribery.

Judge Alexandra Banna said that Steinmetz and his codefendants set up shell companies and fake accounts to cover up the payments that were used as bribes. In her statement, the judge also mentioned that despite Steinmetz’s immediate profits from obtaining exploration rights to mine the area, none of the profits actually went to Guinea.

The prosecution had accused Steinmetz of bribing one of former Guinea President Lansana Conté’s wives. Shortly before Conté passed away in 2008, Steinmetz obtained the exploration rights after paying bribes for several years.

Steinmetz’s defense focused on the idea that he was the owner and face of Beny Steinmetz Group Resources but had no involvement in the daily operations of the company.?The Swiss court sentenced Steinmetz to five years in jail and a fine equivalent to over $56 million. Following the conviction, he reasserted his innocence and his lawyer said that he will appeal the decision on Saturday.

A number of American companies are also being investigated for their participation in the payments but have not been charged.

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Bosnia ex-army commander sentenced to 10 years for failure to prevent 1995 war crimes http://www.itbkb.cn/news/2021/01/bosnia-former-army-commander-sentenced-to-10-years-in-jail-for-failure-to-prevent-or-punish-1995-war-crimes/ Sat, 23 Jan 2021 09:53:53 +0000 http://www.itbkb.cn/news/?p=150803 The Court of Bosnia and Herzegovina Friday convicted former Bosnian army commander Sakib Mahmuljin of several war crimes and sentenced him to prison for 10 years. Mahmuljin served as a commander of the 3rd Corps of the Army of the Republic of Bosnia and Herzegovina (ARBiH)?during?the international armed conflict between the ARBiH and the Army […]

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The Court of Bosnia and Herzegovina Friday convicted former Bosnian army commander Sakib Mahmuljin of several war crimes and sentenced him to prison for 10 years.

Mahmuljin served as a commander of the 3rd Corps of the Army of the Republic of Bosnia and Herzegovina (ARBiH)?during?the international armed conflict between the ARBiH and the Army of the Republika Srpska (Bosnian Serb Army)?during the 1990s.?He was convicted for the failure to prevent his unit’s commission of war crimes against Serbs?during the ARBiH’s 1995 military operation in the areas of?Vozu?a and Zavidovi?i in central Bosnia.

The original indictment included charges of war crimes against prisoners of war, the wounded and sick, and civilians. According to the court, Mahmuljin failed to prevent any such war crimes “even though he knew that members of the [3rd Corps] made preparations to commit crime.” The court further stated that “once the crime was committed he failed to undertake any actions to punish the perpetrators of the crime.”

During the armed conflict, members of the 3rd Corps’ unit called El Mujahideen?that comprised foreign Islamist fighters tortured and murdered 53 Serbian prisoners of war?from July to October 1995. Some of the victims were already wounded or sick, and a few were civilians.

Over 100,000 people died during the Bosnian conflict. The international community had condemned the ethnically charged conflict for its large number of civilian casualties.

The result of a five-year trial, Mahmuljin is likely to appeal the verdict.

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