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Paul Merrell

Court Rules Bush Administration Can Be Sued for Its "War on Terror" Conduct - 0 views

  • For almost a decade and a half, the people behind the Bush administration's shameful treatment of terrorism suspects have avoided punishment for their crimes, but that may be about to change. The courts have had their say and have ruled that former Bush administration officials can, in fact, be sued for how they conducted the "war on terror." The Second Circuit Court of Appeals made that pretty much official on Friday when it refused to hear a challenge to its earlier ruling in the case of Turkmen v. Ashcroft. That case involves hundreds of Arab, Muslim or South Asian men who were detained and then abused by our government in the weeks following 9/11.
  • Some of them were beaten by security guards and kept in solitary confinement, which the United Nations considers a form of torture. After they were released, these men sued the people they say authorized their detentions - people like former Attorney General John Ashcroft and former FBI director Robert Mueller. A district court initially blocked their claims, but in June, the Second Circuit Court allowed them, saying that Ashcroft, Mueller and company could be sued. The government then made one more last ditch push to protect the Bush administration, but that effort failed last Friday when the Second Circuit rejected it. Everyone else who authorized and participated in the illegal roundup of hundreds of innocent men after 9/11, from high-up government officials on down, is now fair game for a lawsuit.
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    The case centers of detainees conditions of confinement and denial of Equal Protection for a number of people detained for several months immediately after 9-11. 
Paul Merrell

Britain Considers Pulling out of European Convention on Human Rights when Armed Forces Sent into Combat - 0 views

  • Senior Whitehall figures are drawing up controversial plans to ensure that Britain’s armed forces will no longer be subject to legal claims by their enemies over human rights violations.Guaranteed to have Brits in Middle England choking on their morning croissants, Saturday’s claims from right-wing mouthpiece, The Telegraph, insisted that taxpayers are facing a bill of £150 million to defend British soldiers being sued by “enemy fighters” for breaching their human rights. The Telegraph claimed that over 2,000 compensation claims and judicial reviews are being prepared by lawyers in the aftermath of the wars in Afghanistan and Iraq as part of a growing litigation culture that is encroaching on the ability of the armed forces to do their jobs.So far, 500 judicial review applications have been lodged, with 1,200 claims for compensation against the Ministry of Defense for alleged abuse, unlawful detention, and unlawful killing in Iraq.Further, an estimated 800 compensation cases from Afghanistan could follow.
  • Defence secretary Michael Fallon is so dismayed at what he calls the “increasing encroachment of human rights law into the battlefield,” that he is determined to take steps to stem the tide of legal action.Some of the planned fightback by ministers should concern everyone:Pulling out of the European Convention: Ministers could declare a temporary withdrawal from the European Convention on Human Rights (ECHR) before sending British forces into action in future.Taking legal action against law firms that have brought “bogus” cases against the Armed Forces: This includes referring lawyers to legal watchdogs and bringing fraud prosecutions against firms found to have made false allegations.A time limit on legal action to stop compensation claims being made years after incidents occur: Further reforms would end legal aid for claimants who are living outside the U.K.Planned new laws would also allow the government to recover the costs of “bogus judicial reviews,”  but one proposal is the most worrying of all:
  • A new Bill of Rights: Michael Gove is working on a British Bill of Rights to replace the Human Rights Act, according to ministers. It will reportedly include safeguards for the Armed Forces to protect them from being sued.In contrast to Michael Fallon’s indignation, a report by Stop The War claims “The long history of British abuse and torture in Kenya, Malaya, Aden, Cyprus, Northern Ireland and Afghanistan cannot be explained as the work of a few ‘bad apples.’”.BottomResponsiveBanner{width:300px;height:250px}@media (min-width:420px){.BottomResponsiveBanner{width:336px;height:280px}}@media (min-width:1300px){.BottomResponsiveBanner{width:728px;height:90px}} The report lists abuses committed by British forces and also references the “loss of the moral compass evident in the behaviour of British forces in Iraq and Afghanistan.”Some might say that by scrapping the Human Rights Act, the government fears being challenged and wants to take away the public’s ability to contest decisions and policies. One thing is for sure: without it, the British government will be allowed to act with almost complete impunity.
Paul Merrell

South Korea's Constitutional Court Upheld Park's Impeachment - nsnbc international | nsnbc international - 0 views

  • South Korea’s Constitutional Court, on Friday, upheld the motion to impeach president Park Geun-hye. Acting Chief Justice Lee Jung-Mi read the ruling on the impeachment in a nationwide televised broadcast saying the Court’s decision by the eight justices was unanimous.
  • outh Korean law stipulated that the ruling has immediate effect – which means Park Geun-hye has been impeached and ousted from the presidency with immediate effect. She will be required to leave the presidential residence  – the Blue House – as soon as possible. A presidential election will be held in 60 days.
  • Since the December 9 adoption of the impeachment bill in the National Assembly, a total of 20 hearings had been held in the court. It took 92 days before the court’s final decision. Park will now possibly be subject to indictment and detention by prosecutors as she lost her presidential immunity following the court’s ruling. Prosecutors have identified Park as an accomplice of her longtime confidante Choi Soon-sil, who is at the center of a corruption scandal that led to Park’s impeachment for multiple charges including bribery, abuse of privileged information and nepotism. Having been impeached, Park will be stripped of most of the privileges granted to former presidents, including a monthly pension worth 12 million won or 10,400 U.S. dollars –  to 13 million won per month, one paid chauffeur and three paid secretaries. Free medicine and costs for a personal office will not be given to the impeached leader either. Moreover, the period during which she will have a special presidential security detail will be reduced from ten to five years.
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