Posts Tagged ‘judge’

Stansted 15 convictions quashed: “No case to answer”

January 30, 2021

The Court of Appeal held on Friday 29 January 2021 that a group of activists who broke into Stansted Airport in an act of protest should “never have been prosecuted” for an “extremely serious” terror-related offence under s.1(2)(b) of the Aviation and Maritime Security Act 1990 (“AMSA”).

It overturned the Stansted 15’s convictions.

Lord Burnett said the protestors should not have been prosecuted for the extremely serious offence … because their conduct did not satisfy the various elements of the offence. “There was, in truth, no case to answer.”

See : https://humanrightsdefenders.blog/2019/02/07/the-stansted-15-story-ends-well-but-not-good-enough/

This case has been controversial, drawing attention both nationally and internationally. Following the initial convictions, a joint letter was sent to the Government by UN experts, including the Working Group on Arbitrary Detention, the Special Rapporteur in the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on human rights defenders, and the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms when countering terrorism. The UN experts urged the UK government not to use security and terrorism-related legislation to prosecute peaceful protesters.

The failure of the ground relating to necessity, duress and s.3 CLA are unlikely to surprise those with experience of defending protestors in direct action cases. Nevertheless, it is notable that the actions of the appellants did prevent the deportation of five persons on the flight who have consequently been able to establish their legal right to remain in the UK, including three on human rights grounds. One of those has been granted asylum as a victim of human trafficking. In total, of the 60 persons due to be on the deportation flight, eleven reportedly remain in the country.

Amongst the human rights group who have celebrated the ruling are Amnesty UK, who welcomed “a good day for justice” and Liberty, who hailed “a major victory for protest rights” and deprecated the now-quashed convictions, calling them “part of a sustained attack on the right to protest.”

https://www.gazette-news.co.uk/news/19049773.stansted-15-protestors-convictions-overturned-appeal/

“No case to answer” — Stansted 15 convictions quashed by Court of Appeal

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Turkey angry after PACE Havel prize is awarded to jailed judge

October 18, 2017

Turkish judge Murat Arslan, who was head of the Association for the Union of Judges and Prosecutors (YARSAV).

The Vaclav Havel Human Rights Prize, named after the dissident playwright who later became Czech president, is given by the Parliamentary Assembly of the Council of Europe (PACE). On Monday 16 October the prize awarded to the Turkish judge Murat Arslan, who was head of the Association for the Union of Judges and Prosecutors (YARSAV). Arslan was arrested in October 2016 on suspicion of links to Gulen who Ankara blames for the failed coup aimed at ousting President Recep Tayyip Erdogan.

The PACE described Arslan as a “staunch supporter of the independence of the judiciary.” But the Turkish foreign ministry said in a statement that it “is wrong and unacceptable to award the prize … to a person who is a member of Feto terrorist organisation“. “While the judicial process is underway, presenting a terrorism suspect as a human rights defender is a betrayal of the ideals of democracy and human rights,” it said. For more on the award see: http://trueheroesfilms.org/thedigest/awards/vaclav-havel-prize-for-human-rights-pace

In his absence, the prize was received by a representative of the European Magistrates for Democracy and Freedom group (Medel) which had nominated him. In a message from jail, Arslan told the ceremony that Turkey had “learnt nothing” from Europe’s 20th century history but “we will not let ourselves be closed up in a wall of fear”. [https://humanrightsdefenders.blog/2017/08/31/finalists-for-pace-vaclav-havel-human-rights-prize-announced/]

Turkey has been a member of the Council of Europe since 1950 but relations have frayed after the PACE in April voted to reopen political monitoring of the country.  see also: https://humanrightsdefenders.blog/2017/07/11/council-of-europe-losing-patience-with-turkey-after-arrest-of-human-rights-defenders/

http://aa.com.tr/en/politics/turkish-mp-slams-europe-body-for-rewarding-feto-suspect/939149

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Inter-American Commission on role of Human Rights Defenders in Trinidad & Tobago case

May 15, 2014

It is not often that we can write about Trinidad and Tobago but when the Inter-American Commission on Human Rights [IACHR] calls on Trinidad and Tobago “to fully investigate and prosecute” those responsible for the murder of prominent Senior Counsel, Dana Seetahal, there is a good reason. The former state prosecutor and magistrate, was shot and killed on 4 May. This is reinforced by the legal reasoning of the IACHR which recalls “”.  ….in this sense, acts of violence and other attacks perpetrated against human rights defenders not only affect the guarantees that every human being must enjoy, but also seek to undermine the fundamental role that human rights defenders play in society and leave all those for whom they fight defenseless. “The work of human rights defenders is essential to building a solid and enduring democratic society, as they play a leading role in the pursuit of the full attainment of the rule of law and the strengthening of democracy.”

via Inter-American body calls for full probe into her murder | Trinidad Express Newspaper | News.

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