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line 595, column 3: content:encoded should not contain relative URL references: /news/2022/10/us-man-federally-charged-for-attack-on-us-house-speaker-nancy-pelosis-husband/ [help]
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<title>Peru congress rejects latest effort to impeach president Dina Boluarte</title>
<link>https://www.jurist.org/news/2024/05/peru-congress-rejects-latest-effort-to-impeach-president-dina-boluarte/</link>
<dc:creator><![CDATA[Mitsue Valencia | Facultad de Derecho PUCP, PE]]></dc:creator>
<pubDate>Sat, 18 May 2024 22:55:56 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[corruption]]></category>
<category><![CDATA[Dina Boluarte]]></category>
<category><![CDATA[impeachment]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[Peru]]></category>
<category><![CDATA[rol - corruption/official misconduct]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244624</guid>
<description><![CDATA[The Peruvian Congress dismissed three motions aimed at impeaching President Dina Boluarte on Friday. Motions 11507, 11508 and 11512 were introduced primarily by opposition legislators, mainly from leftist factions, with the intent of declaring Boluarte’s “permanent moral incapacity” to serve as president. The impeachment efforts were based on Article 113.2 of the Peru Constitution, which […]
The post <a href="https://www.jurist.org/news/2024/05/peru-congress-rejects-latest-effort-to-impeach-president-dina-boluarte/">Peru congress rejects latest effort to impeach president Dina Boluarte</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[The Peruvian Congress <a href="https://comunicaciones.congreso.gob.pe/noticias/pleno-no-admitio-las-3-mociones-de-vacancia-contra-la-presidenta-dina-boluarte/">dismissed</a> three motions aimed at impeaching President Dina Boluarte on Friday.
Motions 11507, 11508 and 11512 were introduced primarily by opposition legislators, mainly from leftist factions, with the intent of <a href="https://drive.google.com/file/d/1lgVBZr2eBHrO1M_nJYJFsdkguJQRAtt1/view">declaring</a> Boluarte’s “permanent moral incapacity” to serve as president. The impeachment efforts were based on <a href="https://www2.congreso.gob.pe/sicr/RelatAgenda/constitucion.nsf/constitucion/1A33E212F19320E50525672900812783">Article 113.2</a> of the Peru Constitution, which provides for the declaration of a president’s permanent moral incapacity.
The opposition legislators cited several reasons for their claims of Boluarte’s permanent moral incapacity. They accused her of “abandoning the post” for 12 days between June and July 2023 to allegedly undergo <a href="https://elpais.com/america/2024-05-09/la-presidenta-de-peru-dina-boluarte-senalada-por-haberse-apartado-del-cargo-sin-comunicarlo-por-unas-cirugias-esteticas.html">cosmetic procedures</a>. Additionally, they pointed to her alleged <a href="https://www.jurist.org/news/2024/05/peru-begins-investigation-into-president-for-disbanding-police-force-that-ordered-brothers-detention/">involvement</a> in a prosecutorial investigation against her brother, Nicanor Boluarte. She was accused of <a href="https://www.infobae.com/peru/2024/05/10/gobierno-de-dina-boluarte-desactiva-equipo-especial-de-la-policia-que-trabajaba-con-eficcop-que-implicancias-tiene/#:~:text=El%20gobierno%20liderado%20por%20la,Corrupci%C3%B3n%20del%20Poder%20(Eficcop).">deactivating</a> a special unit of the National Police of Peru (PNP) that was collaborating with the Special Team of Prosecutors against Corruption of Power (Eficcop) one day before her brother’s preliminary detention.
Further allegations included <a href="https://www.infobae.com/peru/2023/05/16/pedido-de-dina-boluarte-al-congreso-para-gobernar-por-via-remota-es-inconstitucional/">violations</a> of the Constitution by traveling abroad without vice presidents in place, despite a law permitting her to remotely manage the presidential office, and investigations into her for purported <a href="https://www.jurist.org/news/2024/04/peru-dispatch-president-boluarte-stays-silent-amid-allegations-of-illicit-enrichment/">illicit enrichment</a> involving undeclared luxury watches and jewelry.
These motions also invoked <a href="https://www2.congreso.gob.pe/sicr/relatagenda/constitucion.nsf/485982b35f1f749705256a730080e6f9/a049a4a0e96e72c905256729008161cb?OpenDocument">Article 115</a> of the Constitution, which governs presidential succession in the event of a vacancy. This attempt to impeach Boluarte is reminiscent of <a href="https://www.jurist.org/news/2024/04/peru-congress-rejects-two-motions-to-impeach-president-dina-boluarte/">previous efforts</a>, such as the Rolex Gate scandal, where accusations regarding undeclared luxury watches and jewelry were raised but did not result in impeachment.
During the plenary session, which was broadcast <a href="https://web.facebook.com/watch/live/?ref=watch_permalink&v=7975904922419479">live</a> via the Peruvian Congress’ Facebook account, legislators deliberated on the three motions. According to parliamentary protocol, the impeachment process required the support of at least 40% of the active congress members, amounting to 47 out of 117 legislators. Despite this threshold, the motions were ultimately rejected by a simple majority vote, resulting in their archival.
The post <a href="https://www.jurist.org/news/2024/05/peru-congress-rejects-latest-effort-to-impeach-president-dina-boluarte/">Peru congress rejects latest effort to impeach president Dina Boluarte</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></content:encoded>
</item>
<item>
<title>Former Pakistan PM Imran Khan appears virtually before court from jail</title>
<link>https://www.jurist.org/news/2024/05/former-pakistan-pm-imran-khan-appears-virtually-before-court-from-jail/</link>
<dc:creator><![CDATA[Shashank Pandey | The West Bengal National U. of Juridical Sciences, IN]]></dc:creator>
<pubDate>Sat, 18 May 2024 22:26:45 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[corruption]]></category>
<category><![CDATA[imran khan]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[Pakistan]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244658</guid>
<description><![CDATA[Pakistan’s former prime minister Imran Khan appeared virtually before the Supreme Court of Pakistan from jail on Thursday. Khan’s official X (formerly “Twitter”) handle shared the pictures from his appearance and added, “Illegally incarcerated former Prime Minister Imran Khan’s pictures’ appear on social media after 285 days from a court hearing today.” According to local […]
The post <a href="https://www.jurist.org/news/2024/05/former-pakistan-pm-imran-khan-appears-virtually-before-court-from-jail/">Former Pakistan PM Imran Khan appears virtually before court from jail</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[Pakistan’s former prime minister Imran Khan <a href="https://x.com/ImranKhanPTI/status/1791062018331476155">appeared</a> virtually before the Supreme Court of Pakistan from jail on Thursday.
Khan’s official X (formerly “Twitter”) handle shared the pictures from his appearance and added, “Illegally incarcerated former Prime Minister Imran Khan’s pictures’ appear on social media after 285 days from a court hearing today.”
According to local news daily <a href="https://epaper.dawn.com/DetailImage.php?StoryImage=16_05_2024_001_001">Dawn</a>, Khan appeared before the court via video link regarding changes in the National Accountability Bureau (NAB) law. This was Khan’s first Supreme Court appearance since his August arrest and <a href="https://www.jurist.org/news/2023/08/pakistan-dispatch-corruption-verdict-against-ex-pm-imran-khan-may-end-his-political-career/">Toshakhana case conviction</a>. His party, <a href="https://www.jurist.org/commentary/2024/04/imran-khan-and-the-dance-of-democracy-unraveling-pakistans-political-drama/">Pakistan Tehreek-e-Insaf</a> (PTI), raised concerns about a visitor ban at the Adiala jail where he has been imprisoned, suspecting the ban aims to hinder his Supreme Court appearance.
Recently, the Islamabad High Court (IHC) <a href="https://asianews.network/islamabad-high-court-approves-former-pakistan-pm-imran-khans-bail-in-190m-corruption-case/#:~:text=According%20to%20the%20court%20order,would%20not%20serve%20any%20purpose.">granted</a> Khan bail in a £190 million case, citing the need for further inquiry into the allegations. The NAB claimed Khan’s 2019 cabinet approved transferring £190 million repatriated by the UK’s National Crime Agency to the Supreme Court for Bahria Town’s liability payment. The IHC questioned the transparency of this transaction and suggested the trial court thoroughly examine the evidence.
Earlier in April, the Islamabad High Court <a href="https://www.jurist.org/news/2024/04/pakistan-court-grants-ex-pm-imran-khans-appeal-and-suspends-sentence/">suspended</a> Khan’s 14-year sentence for graft charges in the Toshakhana case, where he was accused of selling state gifts. PTI maintained the charges were baseless and celebrated the suspension. Despite this, Khan remained in prison due to other convictions, including the “<a href="https://www.jurist.org/news/2024/01/imran-khan-sentenced-to-ten-years-imprisonment/">cypher</a>” case and a marriage law <a href="https://www.jurist.org/news/2024/02/pakistan-court-convicts-former-pm-khan-and-wife-of-unlawful-marriage/">violation</a>, which his legal team had <a href="https://www.jurist.org/news/2024/02/pakistan-former-pm-imran-khan-appeals-convictions-in-3-cases/">appealed</a>.
Khan is currently facing multiple charges of corruption and has been in prison since August.
The post <a href="https://www.jurist.org/news/2024/05/former-pakistan-pm-imran-khan-appears-virtually-before-court-from-jail/">Former Pakistan PM Imran Khan appears virtually before court from jail</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></content:encoded>
</item>
<item>
<title>Georgia president vetoes ‘foreign agents’ law</title>
<link>https://www.jurist.org/news/2024/05/georgia-president-vetoes-foreign-agents-law/</link>
<dc:creator><![CDATA[Celeste Hall | U. Pittsburgh School of Law, US]]></dc:creator>
<pubDate>Sat, 18 May 2024 20:14:44 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[europe]]></category>
<category><![CDATA[foreign agents bill]]></category>
<category><![CDATA[foreign agents law]]></category>
<category><![CDATA[Georgia]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[Protests]]></category>
<category><![CDATA[rol - freedom of association]]></category>
<category><![CDATA[rol - freedom of expression]]></category>
<category><![CDATA[Russia]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244655</guid>
<description><![CDATA[President of Georgia Salome Zourabichvili on Friday vetoed a controversial “foreign agents” law that has been decried as “Russian-style” legislation and has sparked massive protests in the country. Zourabichvili took to her Twitter account to announce the veto, saying, “Today, I vetoed the Russian law. This law, in its essence and spirit, is fundamentally Russian, […]
The post <a href="https://www.jurist.org/news/2024/05/georgia-president-vetoes-foreign-agents-law/">Georgia president vetoes ‘foreign agents’ law</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[President of Georgia Salome Zourabichvili on Friday <a href="https://twitter.com/Zourabichvili_S/status/1791848816230203711?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Etweet">vetoed</a> a controversial “foreign agents” law that has been decried as “Russian-style” legislation and has sparked massive protests in the country. 
Zourabichvili took to her Twitter account to announce the veto, saying, “Today, I vetoed the Russian law. This law, in its essence and spirit, is fundamentally Russian, contradicting our constitution and all European standards. It thus represents an obstacle to our European path.” Zourabichvili said the veto was legally sound because the law was not “subject to any changes or improvements.” 
Georgia’s parliament <a href="https://www.jurist.org/news/2024/05/georgia-lawmakers-pass-controversial-foreign-agent-bill/">adopted</a> the controversial <a href="https://parliament.ge/legislation/28355" target="_blank" rel="noopener">law</a> on May 14th, which would have designated civil society organizations that receive funding from abroad as “foreign agents.” The law, which is known as the Law on Transparency of Foreign Influence, would require any organization in Georgia that receives more than 20% of its income from foreign sources to register as a foreign agent.
The adoption by parliament sparked widespread protests as <a href="https://www.hrw.org/news/2024/05/09/georgia-foreign-influence-bill-threatens-rights">critics</a> viewed the bill as directly inspired by Russia and said the government was trying to isolate Georgia from the rest of the world. The backlash has been so severe that several Georgian officials have stepped down in protest, most notably <a href="https://twitter.com/Gocha_Javakhi/status/1788558174393389200" target="_blank" rel="noopener">Gotcha Javakhishvili</a>, the current ambassador to France.
The legislative process has <a href="https://www.jurist.org/news/2024/05/georgia-parliament-cancels-session-amid-mass-protests-over-foreign-agents-bill/">spurred</a> local <a href="https://www.jurist.org/news/2024/05/georgia-police-arrest-6-people-at-protest-over-proposed-foreign-agents-bill/">protests</a> and provoked the ire of international advocacy groups, which argue the law <a href="https://www.jurist.org/news/2024/05/un-human-rights-chief-says-georgia-foreign-agents-law-undermines-freedom-of-expression/">stifles</a> civil society and fundamental freedoms. Marie Struthers, Director for Eastern Europe and Central Asia at Amnesty International, <a href="https://www.amnesty.org/en/latest/news/2024/05/georgia-dark-day-as-parliament-bulldozes-adoption-of-repressive-foreign-influence-bill/">stated</a> the law “contravenes Georgia’s international obligations on the rights to freedom of expression and association and strikes at the heart of civil society’s ability to operate freely and effectively.”
 
The post <a href="https://www.jurist.org/news/2024/05/georgia-president-vetoes-foreign-agents-law/">Georgia president vetoes ‘foreign agents’ law</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></content:encoded>
</item>
<item>
<title>Panama president-elect plans new checkpoints to control border with Colombia</title>
<link>https://www.jurist.org/news/2024/05/panama-president-elect-plans-new-checkpoints-to-control-border-with-colombia/</link>
<dc:creator><![CDATA[María Paz Rodríguez Galiano | Facultad de Derecho PUCP, PE]]></dc:creator>
<pubDate>Sat, 18 May 2024 18:59:56 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[anti-immigration]]></category>
<category><![CDATA[darien gap]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[migration]]></category>
<category><![CDATA[panama]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244615</guid>
<description><![CDATA[Panama’s next president José Raul Mulino announced Thursday that the forthcoming government is planning to set up new checkpoints in a thick jungle area along its southern border, which has become a dangerous segment of the path for the growing number of migrants trying to head to the US. During his proclamation as president-elect, Mulino […]
The post <a href="https://www.jurist.org/news/2024/05/panama-president-elect-plans-new-checkpoints-to-control-border-with-colombia/">Panama president-elect plans new checkpoints to control border with Colombia</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[Panama’s next president José Raul Mulino <a href="https://www.youtube.com/watch?v=OoJ9i5THJR0">announced</a> Thursday that the forthcoming government is planning to set up new checkpoints in a thick jungle area along its southern border, which has become a dangerous segment of the path for the growing number of migrants trying to head to the US.
During his proclamation as <a href="https://www.jurist.org/news/2024/05/panama-supreme-court-confirms-presidential-candidacy-two-days-before-elections/">president-elect</a>, Mulino delivered a speech outlining his government plans. He emphasized efforts already underway to “end the odyssey of the Darien,” the border jungle dividing Panama and Colombia:
<blockquote>Panama and our Darien are not a transit route; they are our border. And the concept of closure that I have outlined implies … that we will initiate, with international assistance, a repatriation process in full compliance with human rights for all individuals in the Darien, so that those from there and those who wish to come know that anyone arriving here will be sent back to their country of origin.</blockquote>
In response to Mulino’s statements, UNICEF <a href="https://www.youtube.com/watch?v=fkw96cQuu1U&rco=1">stated</a> that it is very difficult to predict the outcome of the border closure. Still, based on experiences in other places where such measures were implemented, people typically seek alternative routes that pose greater dangers. UNICEF also <a href="https://www.jurist.org/news/2024/05/over-30000-child-migrants-crossed-perilous-darien-gap-this-year-unicef/">revealed</a> that crossings of migrant children through the Darien Gap have increased by 40% so far this year, representing a significant group of those crossing the border.
Experts in the field have also noted that closing the border is an <a href="https://www.bbc.com/mundo/articles/c14k4j05ly8o">unfeasible task</a> and could negatively affect the thousands of people attempting to cross the jungle. They also <a href="https://www.bbc.com/mundo/articles/c14k4j05ly8o">pointed out</a> that such policies counter what other countries are doing regarding migration and border issues.
Over the years, the Darien Gap “has become one of the world’s <a href="https://www.nytimes.com/2024/04/04/world/americas/migrants-sexual-assault-darien-gap.html">busiest migrant highways</a>” where people who try to cross the border face various <a href="https://www.jurist.org/news/2024/04/hrw-colombia-and-panama-failing-migrants-crossing-darien-gap/">dangers</a> such as organized crime, sexual violence, and human trafficking.
The post <a href="https://www.jurist.org/news/2024/05/panama-president-elect-plans-new-checkpoints-to-control-border-with-colombia/">Panama president-elect plans new checkpoints to control border with Colombia</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></content:encoded>
</item>
<item>
<title>France accuses Azerbaijan of interfering in New Caledonia riots</title>
<link>https://www.jurist.org/news/2024/05/france-accuses-azerbaijan-of-interfering-in-new-caledonia-riots/</link>
<dc:creator><![CDATA[Emanuel Xhindi | U. Tirana Faculty of Law, AL]]></dc:creator>
<pubDate>Sat, 18 May 2024 18:38:23 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Armenia]]></category>
<category><![CDATA[Azerbaijan]]></category>
<category><![CDATA[europe]]></category>
<category><![CDATA[France]]></category>
<category><![CDATA[freedom of assembly]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[New Caledonia]]></category>
<category><![CDATA[Protests]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244623</guid>
<description><![CDATA[France accused Azerbaijan on Friday of interfering in the riots in New Caledonia and spreading anti-French rhetoric on social media, according to a report published by the French agency Viginum. Viginum alleged that Azerbaijan disseminated “manifestly inaccurate or misleading content – photo or video montages – blaming France for its handling of the situation in […]
The post <a href="https://www.jurist.org/news/2024/05/france-accuses-azerbaijan-of-interfering-in-new-caledonia-riots/">France accuses Azerbaijan of interfering in New Caledonia riots</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[France accused Azerbaijan on Friday of interfering in the riots in New Caledonia and spreading anti-French rhetoric on social media, according to a <a href="https://www.sgdsn.gouv.fr/files/files/Publications/20240517_NP_SGDSN_VIGINUM_Fiche%20Technique_RecognizeNewCaledonia_ENG.pdf">report</a> published by the French agency Viginum.
Viginum alleged that Azerbaijan disseminated “manifestly inaccurate or misleading content – photo or video montages – blaming France for its handling of the situation in New Caledonia in the context of the riots.” The report came one day after French Interior Minister Gerald Darmanin <a href="https://x.com/telematin/status/1790993081564881274">accused</a> Azerbaijan of making an agreement with New Caledonia independentists. After recalling the Armenian massacre in Azerbaijan, Darmanin added further that France will not cede to the violence, and that it maintains sovereignty over the country.
Azerbaijan’s foreign ministry strongly <a href="https://mfa.gov.az/en/news/no22024">rejected</a> the accusations and denied the alleged ties with protests’ leaders. Azerbaijan further commented on France’s history of “crimes against humanity” to local peoples, as well as the “brutal murder of millions of innocent people” during France’s colonial history. Adding to that, Azerbaijan placed the blame on France’s “failed policy” of management towards overseas territories.
France is a traditional ally of Armenia, a country that has clashed with Azerbaijan regarding certain territorial disputes, including in the <a href="https://www.cfr.org/global-conflict-tracker/conflict/nagorno-karabakh-conflict">Nagorno-Karabakh</a> conflict. Armenia agreed to <a href="https://www.jurist.org/news/2024/04/armenia-agrees-to-return-four-villages-to-azerbaijan/">cede</a> a number of its territories to Azerbaijan in April, and the country has been facing strong <a href="https://www.jurist.org/news/2024/05/thousands-protest-in-armenia-capital-against-government-decision-to-cede-territories-to-azerbaijan/">protests</a> by the local communities because of the decision.
The Baku Initiative Group, a political enterprise started by Azerbaijan that aims to support anti-colonialist movements, made a <a href="https://azertag.az/en/xeber/baku_initiative_group_and_14_movements_fighting_for_independence_in_france_039s_recent_colonies_issue_statement_expressing_support_for_new_caledonia-3005094">statement</a> on Thursday condemning France’s new <a href="https://azertag.az/en/xeber/baku_initiative_group_and_14_movements_fighting_for_independence_in_france_039s_recent_colonies_issue_statement_expressing_support_for_new_caledonia-3005094">amendment</a> to the electoral structure in New Caledonia. The amendment would give the right to vote to residents who have been living for at least ten years in the country, including French nationals, in the provincial ballots.
The protests started on May 13 and 14 after the constitutional initiative by the French National Assembly. Ever since, New Caledonia has imposed a curfew and a <a href="https://www.jurist.org/news/2024/05/new-caledonia-imposes-curfew-and-public-gatherings-ban-amid-violent-unrest-against-electorate-amendments/">ban</a> on public gatherings. France <a href="https://www.jurist.org/news/2024/05/france-declares-state-of-emergency-in-new-caledonia-amidst-riots-against-proposed-voting-changes/">declared</a> a state of emergency Thursday due to violent and deadly riots.
The post <a href="https://www.jurist.org/news/2024/05/france-accuses-azerbaijan-of-interfering-in-new-caledonia-riots/">France accuses Azerbaijan of interfering in New Caledonia riots</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></content:encoded>
</item>
<item>
<title>Kenya court orders service of lawsuit opposing police deployment to Haiti</title>
<link>https://www.jurist.org/news/2024/05/kenya-court-orders-service-of-lawsuit-opposing-police-deployment-to-haiti/</link>
<dc:creator><![CDATA[Natasha Kahungi | U. Nairobi School of Law, KE]]></dc:creator>
<pubDate>Sat, 18 May 2024 17:53:53 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[#gangviolence]]></category>
<category><![CDATA[Haiti]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[Kenya]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244570</guid>
<description><![CDATA[The Kenya High Court on Friday ordered that a lawsuit seeking to prevent the government from deploying police to Haiti be served on top government officials, according to Reuters. The court scheduled the case’s hearing for June 12. Thirdway Alliance Kenya leaders Dr. Ekuru Aukot and Miruru Waweru filed the complaint on Thursday to block […]
The post <a href="https://www.jurist.org/news/2024/05/kenya-court-orders-service-of-lawsuit-opposing-police-deployment-to-haiti/">Kenya court orders service of lawsuit opposing police deployment to Haiti</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The Kenya High Court on Friday <a href="https://www.reuters.com/world/africa/kenyan-lawyers-ask-court-hold-government-contempt-planned-police-deployment-2024-05-17/">ordered</a> that a lawsuit seeking to prevent the government from deploying police to Haiti be served on top government officials, according to Reuters. The court scheduled the case’s hearing for June 12.
Thirdway Alliance Kenya leaders Dr. Ekuru Aukot and Miruru Waweru <a href="https://www.citizen.digital/news/kenyas-haiti-deployment-faces-new-court-challenge-n342318#google_vignette">filed</a> the complaint on Thursday to block the police deployment, which is part of a UN-backed mission to assist Haiti’s battle against gang violence. The plaintiffs argued that the government’s agreement with Haiti to deploy police officers was in contempt of a January <a href="https://www.jurist.org/news/2024/01/kenya-high-court-declares-deployment-of-police-officers-to-haiti-unconstitutional/">court order</a> that deemed the deployment unconstitutional and illegal. The plaintiffs emphasized the urgency of the matter, noting that the deployment was scheduled for May 23.
Kenya’s parliament had <a href="https://www.jurist.org/news/2023/11/kenya-parliament-approves-deployment-of-police-officers-to-haiti-in-un-mission/">approved</a> the deployment of 10,000 officers to Haiti in November. However, the High Court in Nairobi declared the decision <a href="https://judiciary.go.ke/download/petition-no-e389-of-2023/">unconstitutional</a>, citing that Kenya could only send police officers to Haiti if both countries had a reciprocal agreement under sections 107 and 108 of the <a href="https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwiYmoK12vuDAxUgT6QEHbp-BD0QFnoECBgQAQ&url=https%3A%2F%2Fwww.npsc.go.ke%2Fdownload%2Fnational-police-service-act-11a-of-2011%2F&usg=AOvVaw1FA_tunHSFA_LwwS9U9m0Y&opi=89978449">National Police Service Act</a>.
In March, Kenya and Haiti signed a <a href="https://www.jurist.org/news/2024/03/kenya-agrees-to-send-1000-officers-to-haiti-to-curb-gang-violence/">security deal</a> to deploy 1,000 Kenyan police officers to Haiti to restore order. This decision faced <a href="https://www.jurist.org/news/2023/11/kenya-parliament-approves-deployment-of-police-officers-to-haiti-in-un-mission/">opposition</a> from key political figures. Operations seemed to <a href="https://www.jurist.org/news/2024/03/kenya-wavers-on-promise-to-send-peacekeeping-troops-to-haiti-as-haitian-prime-minister-resigns/">pause</a> in March due to the resignation of Haitian Prime Minister Ariel Henry, but Kenyan president William Ruto confirmed that Kenya would still lead the UN Security Support Mission in Haiti as promised.
Haiti has been grappling with organized gang violence and the aftermath of President Jovenel Moise’s assassination in 2021. The escalating violence prompted a <a href="https://www.jurist.org/news/2024/03/haiti-government-extends-state-of-emergency-following-extensive-gang-violence/">state of emergency</a> and international calls for intervention, including from the UN High Commissioner, to prevent further chaos.
 
The post <a href="https://www.jurist.org/news/2024/05/kenya-court-orders-service-of-lawsuit-opposing-police-deployment-to-haiti/">Kenya court orders service of lawsuit opposing police deployment to Haiti</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Violence against journalists in Tunisia increased in April: report</title>
<link>https://www.jurist.org/news/2024/05/violence-against-journalists-in-tunisia-increased-in-april-report/</link>
<dc:creator><![CDATA[Anam Sadaf | National Law U. Odisha, IN]]></dc:creator>
<pubDate>Sat, 18 May 2024 16:58:42 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[arab spring]]></category>
<category><![CDATA[Committee to Protect Journalists]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[National Syndicate of Tunisian Journalists]]></category>
<category><![CDATA[press freedom]]></category>
<category><![CDATA[rol - freedom of the press]]></category>
<category><![CDATA[Tunisia]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244607</guid>
<description><![CDATA[There was an “alarming increase” in violence against journalists in April, according to a report published by the National Syndicate of Tunisian Journalists (SNJT) on Friday. The monitoring unit of SNJT, an independent non-governmental association, recorded 20 attack cases on journalists out of the 25 notifications received from its direct sources. As per the report, […]
The post <a href="https://www.jurist.org/news/2024/05/violence-against-journalists-in-tunisia-increased-in-april-report/">Violence against journalists in Tunisia increased in April: report</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[There was an “alarming increase” in violence against journalists in April, according to a <a href="https://protection.snjt.org/تقرير-شهر-أفريل-2024/">report</a> published by the National Syndicate of Tunisian Journalists (SNJT) on Friday. The monitoring unit of SNJT, an independent non-governmental association, recorded 20 attack cases on journalists out of the 25 notifications received from its direct sources.
As per the report, the attacks affected 46 victims, including 33 males and 13 females. The plan of attack targeted 32 journalists, five photographer-journalists, and seven media workers. The report also claimed that the attacks were implemented in real space on 22 occasions, and on two occasions they were done in virtual spaces. The victims of the attacks comprised journalists and media workers from 22 different media channels, including workers of different websites, news agencies, and radio and television channels. Moreover, the report claims that the perpetrators of the attacks included judicial authorities, security officials, media activists, and public and government officials along with deputies and citizens.
The monitoring agency of SNJT also put down certain recommendations for different government wings and judicial bodies in its report. The agency asked the <a href="https://www.jurist.org/news/2024/05/tunisia-lawyers-strike-amid-government-crackdown-on-dissent/">Tunisian</a> government to remove any government impediment in the works of public institutions during the production and transmission of real-time and accurate information to the media. The agency also asked the Tunisian interior ministry to strengthen and mandate laws to protect journalists and their work. The judicial body of the country was advised to regulate free trials of journalists in prison as per <a href="https://acrobat.adobe.com/id/urn:aaid:sc:AP:b87ba34e-0b98-4fa1-a210-87fc713244ae">Decree 115</a> of 2011, which grants freedom of the press and the right to information in the country. This decree was passed in the aftermath of the pro-democratic wave in Tunisia, famously called the <a href="https://www.cfr.org/article/arab-spring-ten-years-whats-legacy-uprisings">Arab Spring</a>, which overthrew the longtime ruling dictator Zine El Abidine Ben Ali.
The Committee to Protect Journalists (CPJ) has consistently <a href="https://cpj.org/2024/05/tunisian-police-arrest-5-journalists-interrupt-france-24s-broadcast-amid-crackdown/">asked</a> the Tunisian government to protect the rights and freedom of journalists. In the recent increase in attacks on the freedom of the press, an Al Jazeera journalist was <a href="https://cpj.org/2024/01/al-jazeera-journalist-samir-sassi-arrested-on-undisclosed-charges-in-tunisia/">arrested</a> in January by government authorities on undisclosed charges.
Since President Kais Saied took power in 2021, Al Jazeera’s Tunis Bureau has been <a href="https://www.hrw.org/news/2021/11/17/evicted-their-office-al-jazeera-works-front-yard-tunisia">closed down</a> without any explanation from the ruling government. The government has <a href="https://www.article19.org/resources/tunisia-stop-violating-press-freedom-and-journalists-rights/">cracked down</a> on the press’ independence in the country, with journalists being put behind bars on unexplained grounds.
 The International Federation of Journalists in an open letter <a href="https://www.ifj.org/media-centre/news/detail/category/press-releases/article/tunisia-ifj-calls-on-tunisian-president-to-stop-prosecuting-journalists">called on</a> Saied’s government to stop the prosecution of journalists and uphold the country’s constitution.
 
 
 
The post <a href="https://www.jurist.org/news/2024/05/violence-against-journalists-in-tunisia-increased-in-april-report/">Violence against journalists in Tunisia increased in April: report</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Israel recovers bodies of three hostages in Gaza</title>
<link>https://www.jurist.org/news/2024/05/israel-recovers-bodies-of-three-hostages-in-gaza/</link>
<dc:creator><![CDATA[Samara Baboolal | U. Nottingham School of Law, GB]]></dc:creator>
<pubDate>Sat, 18 May 2024 12:10:57 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[gaza]]></category>
<category><![CDATA[hamas]]></category>
<category><![CDATA[hostages]]></category>
<category><![CDATA[IDF]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[Israel]]></category>
<category><![CDATA[palestine]]></category>
<category><![CDATA[war crimes]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244577</guid>
<description><![CDATA[The Israel Defense Forces (IDF) announced on Friday that it retrieved the bodies of three Israeli hostages who were killed during the October 7 Hamas-led terror attacks. The IDF identified the three individuals as Itzhak Gelerenter, Amit Buskila and Shani Louk, whose bodies were kidnapped by Hamas after being confirmed dead on October 30. The […]
The post <a href="https://www.jurist.org/news/2024/05/israel-recovers-bodies-of-three-hostages-in-gaza/">Israel recovers bodies of three hostages in Gaza</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The Israel Defense Forces (IDF) <a href="https://t.me/s/idfofficial?before=7838">announced</a> on Friday that it retrieved the bodies of three Israeli hostages who were killed during the October 7 <a href="https://www.jurist.org/commentary/2023/10/hamas-terror-attacks-and-international-law/">Hamas-led terror attacks</a>. The IDF identified the three individuals as Itzhak Gelerenter, Amit Buskila and <a href="https://www.timesofisrael.com/shani-louk-22-german-israelis-kidnap-video-seen-globally/">Shani Louk</a>, whose bodies were kidnapped by Hamas after being confirmed dead on October 30.
The IDF <a href="https://t.me/s/idfofficial?before=7838#:~:text=and%20Amit%20Buskila-,The%20bodies%20of%20the%20hostages%20Yitzhak%20Gelernter%2C%20Shani%20Louk%2C%20and%20Amit,from%20IDF%20Intelligence%20Directorate%27s%20Headquarters%20for%20the%20Hostages%20and%20Missing%20Persons.,-Following%20an%20identification">stated</a>:
<blockquote>Based on verified intelligence in our possession, Yitzhak Gelernter, Shani Louk, and Amit Buskila were murdered during the October 7 Massacre at the Mefalsim Intersection, and their bodies were abducted to Gaza. <a href="https://www.idf.il/%D7%90%D7%AA%D7%A8%D7%99-%D7%99%D7%97%D7%99%D7%93%D7%95%D7%AA/%D7%99%D7%95%D7%9E%D7%9F-%D7%94%D7%9E%D7%9C%D7%97%D7%9E%D7%94/%D7%9B%D7%9C-%D7%94%D7%9B%D7%AA%D7%91%D7%95%D7%AA/%D7%99%D7%95%D7%9E%D7%9F-%D7%94%D7%9E%D7%9C%D7%97%D7%9E%D7%94-%D7%9B%D7%9C-%D7%94%D7%A2%D7%93%D7%9B%D7%95%D7%A0%D7%99%D7%9D-%D7%95%D7%94%D7%AA%D7%99%D7%A2%D7%95%D7%93%D7%99%D7%9D-%D7%94%D7%90%D7%97%D7%A8%D7%95%D7%A0%D7%99%D7%9D/#:~:text=the%20IDF%20forces%20and%20the%20Shin%20Bet%27s%20operational%20unit%2C%20based%20on%20information%20that%20also%20emerged%20in%20the%20Shin%20Bet%27s%20investigations%20of%20terrorists%20arrested%20in%20the%20Gaza%20Strip%20and%20on%20the%20intelligence%20guidance%20of%20the%20Captives%20and%20Missing%20Persons%20Command%20of%20the%20Intelligence%20Division.">The bodies of the hostages were rescued during a joint IDF and ISA operation</a>, based on precise ISA intelligence obtained during the interrogations of terrorists who were apprehended in the Gaza strip, as well as intelligence from IDF Intelligence Directorate’s Headquarters for the Hostages and Missing Persons.</blockquote>
Itzhak Gelerenter, Amit Buskila and Shani Louk were attending a music festival on October 7 when the Hamas terror attack took place. Hamas took over 200 people hostage and killed more than 1,200 people.
In February, Israel <a href="https://www.jurist.org/news/2024/02/israel-official-says-more-than-1-5-of-gaza-hostages-dead-as-ceasefire-talks-continue/">confirmed</a> that one-fifth of the hostages were dead. Hamas is designated as a terrorist group by various countries including the UK and the US, and the group has <a href="https://www.jurist.org/commentary/2023/10/hamas-terror-attacks-and-international-law/">breached international law and committed war crimes</a> during the course of the Israel-Hamas conflict. Some countries, including <a href="https://www.timesofisrael.com/liveblog_entry/germany-rejects-un-genocide-charge-asserting-israel-defending-itself-after-inhuman-oct-7-attacks/">Germany</a>, have defended Israel’s right to <a href="https://www.jurist.org/news/2024/04/icj-declines-to-halt-german-military-aid-to-israel-in-nicaragua-genocide-prevention-dispute/">self-defense</a> in response to the Hamas terror attacks.
Earlier this month, Standing Together, a Jewish-Palestinian peace movement, <a href="https://www.jurist.org/news/2024/05/thousands-march-in-tel-aviv-to-demand-ceasefire-and-hostage-deal-as-talks-in-cairo-end-without-agreement/">marched in Tel-Aviv</a> for a ceasefire, a hostage deal, and an Israeli-Palestinian peace deal.
The IDF says it will continue its efforts to rescue Israeli hostages, stating that “[t]he IDF and ISA continue, even at this time, to deploy all operational and intelligence means and to take operational risks in order to accomplish the supreme national task of bringing back all the hostages.”
The post <a href="https://www.jurist.org/news/2024/05/israel-recovers-bodies-of-three-hostages-in-gaza/">Israel recovers bodies of three hostages in Gaza</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>UK sanctions companies involved in arms-for-oil trade between Russia and North Korea</title>
<link>https://www.jurist.org/news/2024/05/uk-sanctions-companies-involved-in-arms-for-oil-trade-between-russia-and-north-korea/</link>
<dc:creator><![CDATA[Samara Baboolal | U. Nottingham School of Law, GB]]></dc:creator>
<pubDate>Sat, 18 May 2024 11:31:30 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[North Korea]]></category>
<category><![CDATA[Russia]]></category>
<category><![CDATA[sanctions]]></category>
<category><![CDATA[United Kingdom]]></category>
<category><![CDATA[weapons trade]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244572</guid>
<description><![CDATA[The UK government imposed a new sanction package on Friday targeting the “illicit arms-for-oil transfers between Russia and North Korea.” Three companies and one individual found “enabling” this arms-for-oil trade have been subject to the sanction package. They are the North Korean company Paekyangsan Shipping Co. Ltd, the Russian companies Vostochnaya Stevedoring Co. LLC and […]
The post <a href="https://www.jurist.org/news/2024/05/uk-sanctions-companies-involved-in-arms-for-oil-trade-between-russia-and-north-korea/">UK sanctions companies involved in arms-for-oil trade between Russia and North Korea</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The UK government <a href="https://x.com/fcdogovuk/status/1791446765373096306?s=46&t=RjLOy6ODHX-XwZ3NkxcPsQ">imposed</a> a new <a href="https://www.gov.uk/government/news/uk-and-partners-target-russia-dprk-arms-for-oil-trade-with-new-sanctions">sanction package</a> on Friday targeting the “illicit arms-for-oil transfers between Russia and North Korea.”
Three companies and one individual found “enabling” this <a href="https://www.rusi.org/explore-our-research/publications/commentary/blood-and-oil-russian-oil-deliveries-follow-north-korean-weapons-transfers">arms-for-oil trade</a> have been subject to the sanction package. They are the North Korean company Paekyangsan Shipping Co. Ltd, the Russian companies Vostochnaya Stevedoring Co. LLC and Toplivo Bunkering Company (TBK), and TBK Director Aleksey Mikhailovich Vorotnikov.
On March 28, Russia <a href="https://press.un.org/en/2024/sc15648.doc.htm">vetoed</a> the <a href="https://www.jurist.org/news/2024/03/russia-vetoes-renewal-of-un-expert-panel-monitoring-north-korea/">mandate renewal</a> of the UN Security Council’s 1718 Committee of Panel of Experts, a UN panel that monitors North Korea. Russia had previously supported the renewal for 14 years.
North Korea has been <a href="https://www.armscontrol.org/factsheets/UN-Security-Council-Resolutions-on-North-Korea">subject</a> to nine major sanctions resolutions by the UN Security Council since 2006. The resolutions have imposed sanctions on the trade of weapons and military equipment and have frozen assets on individuals known to be involved in nuclear programs. Countries, including the US, have also imposed additional unilateral economic sanctions on North Korea. The sanctions imposed by the UN aim to denuclearize North Korea. The UN sanctions <a href="https://www.un.org/securitycouncil/sanctions/1718#:~:text=All%20Member%20States,and%20light%20weapons">outline</a>:
<blockquote>All Member States are required to prevent the direct or indirect supply, sale, or transfer to the DPRK, through their territories or by their nationals, or using their flag vessels or aircraft, and whether or not originating in their territories, of all arms and related material, including small arms and light weapons.</blockquote>
In its <a href="https://www.gov.uk/government/news/uk-and-partners-target-russia-dprk-arms-for-oil-trade-with-new-sanctions">press release</a> on Friday, the UK expressed criticism that Russia would breach UN sanctions on North Korea, especially since Russia voted in favor of the UN resolutions in the past. UK Foreign Secretary Lord Cameron stated:
<blockquote>Putin is straining every sinew to sustain his illegal war in Ukraine, even resorting to illicit ‘arms-for-oil’ trade deals with the DPRK, blatantly violating UN sanctions that Russia itself voted for, and vetoing UN Monitoring panels that report on their activity. We cannot-and we will not- stay silent as the DPRK and Russia engage in arms transfers. The UK will continue to hold the DPRK and Russia to account. We will work with our partners to protect the global non-proliferation regime and international peace and security.</blockquote>
Paekyangsan Shipping Co Ltd is allegedly involved in “the facilitation of DPRK military programmes by transferring petroleum products between Russia and DPRK.” TBK is allegedly allowing “vessels involved in the transfer of petroleum to DPRK to bunker in the Russian port of Vostochny.” Both will be subject to an asset freeze. Vostochnaya Stevedoring Co. LLC, which operates from the port of Vostochny and is a “prominent Russian provider of cargo services,” is subject to an asset freeze and a trust services sanction. Vorotnikov will also be subject to an asset freeze and travel ban.
The US Department of Treasury has also imposed <a href="https://www.jurist.org/news/2024/05/us-sanctions-several-russia-companies-and-individuals-over-north-korea-arms-transfer/">sanctions</a> on three Russian companies and two Russian individuals. Both Moscow and <a href="https://www.voanews.com/a/north-korean-leader-s-sister-denies-arms-exchange-with-russia-state-news-agency-says/7615761.html">North Korea</a> have denied the allegations of weapons trading between the countries.
The post <a href="https://www.jurist.org/news/2024/05/uk-sanctions-companies-involved-in-arms-for-oil-trade-between-russia-and-north-korea/">UK sanctions companies involved in arms-for-oil trade between Russia and North Korea</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>California dispatch: in court for the sentencing of the man who attacked former US House Speaker’s husband after failed kidnapping attempt</title>
<link>https://www.jurist.org/news/2024/05/california-dispatch-in-court-for-the-30-year-sentencing-of-the-man-who-attacked-former-us-house-speakers-husband-after-failed-kidnapping-attempt/</link>
<dc:creator><![CDATA[Joshua Villanueva | UC Law San Francisco, US]]></dc:creator>
<pubDate>Sat, 18 May 2024 02:37:02 +0000</pubDate>
<category><![CDATA[Dispatches]]></category>
<category><![CDATA[United States]]></category>
<category><![CDATA[california]]></category>
<category><![CDATA[dispatch]]></category>
<category><![CDATA[Pelosi]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244638</guid>
<description><![CDATA[It’s not every day that one gets a front-row seat to witness the justice system’s workings in a high-profile case. I was fortunate enough to be at the US District Court for the Northern District of California in San Francisco earlier today for the sentencing of the man who on October 28, 2023, broke into […]
The post <a href="https://www.jurist.org/news/2024/05/california-dispatch-in-court-for-the-30-year-sentencing-of-the-man-who-attacked-former-us-house-speakers-husband-after-failed-kidnapping-attempt/">California dispatch: in court for the sentencing of the man who attacked former US House Speaker’s husband after failed kidnapping attempt</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[It’s not every day that one gets a front-row seat to witness the justice system’s workings in a high-profile case. I was fortunate enough to be at the US District Court for the Northern District of California in San Francisco earlier today for the sentencing of the man who on October 28, 2023, broke into the home of former Speaker of the US House of Representatives, Nancy Pelosi, and viciously assaulted her husband with a hammer, fracturing his skull. The case was <a href="https://www.cand.uscourts.gov/wp-content/uploads/2022/11/Depape-complaint.pdf">United States vs. David Wayne DePape</a>. I made sure to arrive early at court to secure a good spot. Although cameras were not allowed in the courtroom, numerous media outlets were outside the building, their lenses poised and ready for a press conference. The sentencing kicked off promptly at 10 am, with a visibly gaunt and disheveled DePape being escorted into the courtroom as he was later sentenced to 30 years in federal prison.
DePape was <a href="https://www.jurist.org/news/2022/10/us-man-federally-charged-for-attack-on-us-house-speaker-nancy-pelosis-husband/">charged</a> in October, shortly after the attack, and he was <a href="https://www.justice.gov/usao-ndca/pr/david-depape-convicted-assault-and-attempted-kidnapping-charges">convicted</a> in November for attempted kidnapping of a federal officer and assault on an immediate family member of a federal official. DePape pled not guilty for the attack. While he admitted on the witness stand during the trial that he had carried out the attack, DePape testified that his break-in at the Pelosi’s Pacific Heights home was intended to kidnap then-Speaker Pelosi, who was second in line to the presidency at the time, and question her about an alleged corrupt conspiracy she and other notable liberal figures were purportedly leading.
Judge Jacqueline Scott Corley began sentencing proceedings by emphasizing the day’s objective: determining an appropriate sentence considering DePape’s history and background. 
Judge Corley invited Christine Pelosi, daughter of Nancy and Paul Pelosi, to read the victim impact statements from her parents, which detailed the attack’s effects on their family. Paul Pelosi’s statement emphasized that DePape had the opportunity to leave after breaking into the house and discovering that Speaker Pelosi was not home but instead chose to hold him hostage. His statement also described his daily struggles with headaches, challenges in performing everyday tasks, and the blood stains still on the front door where he was assaulted, evidence of the assault that left him lying in a pool of his own blood on that fateful day. Nancy Pelosi’s statement echoed similarly as she noted that “our home remains a heartbreaking crime scene” and reiterated that “A violent man broke into our home, threatened to kidnap me and — in his own words — made my husband Paul ‘take the punishment’ in my absence with a near-fatal attack with a hammer.” Her statement also emphasized that DePape’s break-in and assault would prompt other public officials and aspiring politicians to reconsider the safety of their families.
Prosecutors then argued that the “raw violence” described in the statements speaks for itself. They <a href="https://storage.courtlistener.com/recap/gov.uscourts.cand.403618/gov.uscourts.cand.403618.234.0.pdf">asked</a> the judge for DePape to be given a 40-year sentence. They labeled the defendant as a “domestic terrorist,” saying his “actions were an attack themselves on democracy and our institutions.” This case, they argued, stands apart from the January 6 cases due to the deliberate intent to inflict physical harm. The defendant had chillingly <a href="https://storage.courtlistener.com/recap/gov.uscourts.cand.403618/gov.uscourts.cand.403618.234.0.pdf">admitted</a> to police that he would have broken “Nancy’s” kneecaps had she lied to him during the assault. He also faces a threat to the community, as he expressed regret over not being “better prepared” for the assault and lamented his failure to target more individuals, as he <a href="https://www.ktvu.com/video/1172799">said</a> in a phone call to KTVU, a local news station. Prosecutors described him as a “smart man,” suggesting that his actions were not the result of naïveté but rather a deliberate engagement with extremist ideologies. They painted a picture of a dangerous individual whose premeditated actions and regrets about not causing greater harm reflect a significant threat to public safety and democratic institutions
DePape’s counsel asked for a 14-year sentence, calling it a “substantial sentence” and said DePape was “taking it seriously.” Counsel highlighted David DePape’s clean criminal record and personal circumstances leading up to the attack on Speaker Pelosi’s husband. They pointed out that DePape was particularly vulnerable to conspiracy theories during a low point in his life, influenced by figures in positions of power who propagated these ideas. The defense urged the court to consider these broader contexts, noting DePape’s renewed connection with his family, from whom he had been estranged before the incident. Counsel attempted to present DePape in a more sympathetic light, suggesting that his actions were influenced by his vulnerable state and external manipulations, and argued that a 14-year sentence was “not a slap on the wrist.”
The moment then arrived for the judge to deliver the sentence based on the factors laid out in <a href="https://www.law.cornell.edu/uscode/text/18/3553">18 U.S. Code § 3553</a>, and a hush fell on the packed gallery as reporters listened intently for the sentence. As Judge Corley balanced DePape’s lack of criminal history or making threats, vulnerability to “baseless conspiracy theories,” and a letter from the DePape family stressing how the attack was so unexpected of DePape, she said she “must also ensure the sentence still promoted the rule of law.”
Judge Corley stressed three critical points underpinning her decision for the 30-year sentence. First, she expressed serious concerns about DePape’s threat to public safety, referencing a phone call to KTVU TV in which he expressed regret that he “didn’t get more of them.” In this statement, Judge Corley noted, DePape was “taunting” America, which shows he is a present danger to all Americans. Secondly, the judge pointed out DePape’s decisive actions during the incident. When he discovered Speaker Pelosi, his intended target, was not at home, he chose not to leave. Instead, fully aware that he was being <a href="https://www.youtube.com/watch?v=1R7s4htY2b8">filmed</a> by police body-worn camera, he attacked Paul Pelosi with a hammer “with full force,” a fact DePape chillingly confirmed during his trial testimony.
Lastly, Judge Corley highlighted the broader implications of DePape’s actions for American public service. She drew an important comparison to the assassination of Abraham Lincoln in 1865, a historical moment that underscored the inherent risks public officials and their families face. While attacks on public officials in the past have been in public, DePape chose to break into the Pelosi residence and assault a family member of a public official, which was, in the judge’s words, “unprecedented.” She stated that this act forces every public servant to reconsider the personal costs of entering public service and question whether putting their family’s safety at risk is worth the sacrifice.
As I sat in the front row, the impact of the proceeding resonated beyond the courtroom. The judge’s words underscored the need to uphold the rule of law and protect the values of civility and respect in our political interactions. 
Today’s sentence sought justice for the victims and served as a stark reminder of the importance of upholding the rule of law in the face of threats to democracy and public safety. Political discourse, no matter how polarizing, should never escalate into violence.
The post <a href="https://www.jurist.org/news/2024/05/california-dispatch-in-court-for-the-30-year-sentencing-of-the-man-who-attacked-former-us-house-speakers-husband-after-failed-kidnapping-attempt/">California dispatch: in court for the sentencing of the man who attacked former US House Speaker’s husband after failed kidnapping attempt</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>US sanctions several Russia companies and individuals over North Korea arms transfer</title>
<link>https://www.jurist.org/news/2024/05/us-sanctions-several-russia-companies-and-individuals-over-north-korea-arms-transfer/</link>
<dc:creator><![CDATA[Bekim Bruka | JURIST Staff, US]]></dc:creator>
<pubDate>Sat, 18 May 2024 01:39:21 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Domestic]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[North Korea]]></category>
<category><![CDATA[ROL - war crimes/humanitarian law]]></category>
<category><![CDATA[Russia]]></category>
<category><![CDATA[Russia war in ukraine]]></category>
<category><![CDATA[sanctions]]></category>
<category><![CDATA[us]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244521</guid>
<description><![CDATA[US Department of Treasury sanctioned on Thursday two Russian individuals and three Russian companies over the transfer of weapons between Russia and North Korea, including ballistic missiles for use in Ukraine. Rafael Anatolyevich Gazaryan and Aleksey Budnev are the individuals sanctioned, whereas the companies sanctioned by the department are Trans Kapital Limited Liability Company, the […]
The post <a href="https://www.jurist.org/news/2024/05/us-sanctions-several-russia-companies-and-individuals-over-north-korea-arms-transfer/">US sanctions several Russia companies and individuals over North Korea arms transfer</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[US Department of Treasury <a href="https://home.treasury.gov/news/press-releases/jy2345">sanctioned</a> on Thursday two Russian individuals and three Russian companies over the transfer of weapons between Russia and North Korea, including ballistic missiles for use in Ukraine. Rafael Anatolyevich Gazaryan and Aleksey Budnev are the individuals sanctioned, whereas the companies sanctioned by the department are Trans Kapital Limited Liability Company, the Rafort Limited Liability Company and Tekhnologiya, OOO.
As a result of the sanctions, all property and interests in property that are located in the United States and that belong to the designated entities are blocked. This means that these assets are effectively frozen, and any transaction that could involve them is prohibited without acquiring an authorization from the Office of Foreign Assets Control (OFAC).
The department ordered that any institution or person that engages in transactions or certain activities with the designated entities faces the risk of sanctions or being prone to law enforcement. The activities prohibited include financial contributions or exchange of goods and services to the entities or individuals.
North Korea denied supplying weapons to Russia, <a href="https://www.voanews.com/a/north-korean-leader-s-sister-denies-arms-exchange-with-russia-state-news-agency-says/7615761.html">labelling</a> the claims a false rumor. Kim Yo-jong, sister of leader Kim Jong-un, dismissed reports of exporting arms to Russia as an absurd paradox aiming to mislead the public, despite evidence presented by South Korea and the US that Russia is using North Korean weapons in Ukraine.
The sanctions are a continuation of the previous <a href="https://www.state.gov/the-united-states-takes-action-in-response-to-dprk-russia-ballistic-missile-transfers-and-testing/">action</a> taken by the State Department and the Department of Treasury months ago against the transfer and testing of ballistic missiles used in Ukraine. In January, sanctions were <a href="https://www.jurist.org/news/2024/01/us-issues-new-russia-sanctions-over-transfer-of-north-korea-ballistic-missiles/">imposed</a> on one individual and three entities involved in transferring and testing DPRK-origin ballistic missiles for Russia. The recent action expands the list of targeted individuals and companies that engage and facilitate in military cooperation between North Korea and Russia.
The post <a href="https://www.jurist.org/news/2024/05/us-sanctions-several-russia-companies-and-individuals-over-north-korea-arms-transfer/">US sanctions several Russia companies and individuals over North Korea arms transfer</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Senegal PM questions France military presence and announces potential base closures</title>
<link>https://www.jurist.org/news/2024/05/senegal-pm-questions-france-military-presence-and-announces-potential-base-closures/</link>
<dc:creator><![CDATA[Arnav Laroia | The West Bengal National U. of Juridical Sciences, IN]]></dc:creator>
<pubDate>Sat, 18 May 2024 01:36:12 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Africa]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[international relations]]></category>
<category><![CDATA[lgbtq rights]]></category>
<category><![CDATA[military]]></category>
<category><![CDATA[Monogamy]]></category>
<category><![CDATA[rol - lgbtq issues]]></category>
<category><![CDATA[rol - state sovereignty]]></category>
<category><![CDATA[Senegal]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244511</guid>
<description><![CDATA[The Prime Minister of Senegal, Ousmane Sonko, announced the possibility of closing French military bases in the West African nation. The address also discussed LGBTQ rights and the practice of monogamy. During his speech at the Cheikh Anta Diop University in Dakar, Sonko expressed his concerns about France’s military presence in Senegal and other countries. […]
The post <a href="https://www.jurist.org/news/2024/05/senegal-pm-questions-france-military-presence-and-announces-potential-base-closures/">Senegal PM questions France military presence and announces potential base closures</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[The Prime Minister of Senegal, Ousmane Sonko, <a href="https://www.youtube.com/watch?v=Mo1H4OYDL9U">announced</a> the possibility of closing French military bases in the West African nation. The address also discussed LGBTQ rights and the practice of monogamy.
During his speech at the <a href="https://www.ucad.sn/">Cheikh Anta Diop University</a> in Dakar, Sonko <a href="https://www.youtube.com/watch?v=kIhepDEMTVk">expressed</a> his concerns about France’s military presence in Senegal and other countries. The politician expressed concerns about the potential effects on the African states’ national sovereignty and strategic independence. He <a href="https://x.com/FatuNetwork/status/1791427745693544698">stated</a>:
<blockquote>More than 60 years after our independence … we must question the reasons why the French army for example still benefits from several military bases in our country and the impact of this presence on our national sovereignty and our strategic autonomy.</blockquote>
He went on to say that the presence of the French military is incompatible with maintaining Senegal’s independence and sovereignty.
The politician also expressed strong disapproval of the efforts made by France and the West to promote specific values that he believed were not in line with the values upheld by Senegal and other African countries, including <a href="https://www.amnesty.org/en/what-we-do/discrimination/lgbti-rights/">LGBTQ rights</a> and <a href="https://www.britannica.com/topic/monogamy">monogamy</a>.
At present, there are 350 French soldiers stationed in Senegal, with 260 of them serving permanently. They have been in the country since 2011, and their primary focus is on providing training to soldiers from neighboring countries. The capital city of Dakar is the primary focus of French influence in Senegal, along with other countries in the region, such as Ivory Coast, Gabon, and Chad.
Following an agreement, Senegal <a href="https://www.france24.com/en/20100404-senegal-takes-back-french-military-bases-independence-day">regained</a> control of several military bases previously held by its former colonial ruler in 2010.
The post <a href="https://www.jurist.org/news/2024/05/senegal-pm-questions-france-military-presence-and-announces-potential-base-closures/">Senegal PM questions France military presence and announces potential base closures</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>South Korea Supreme Court upholds government plan to increase medical school admissions amid doctor protests</title>
<link>https://www.jurist.org/news/2024/05/south-korea-supreme-court-upholds-government-plan-to-increase-medical-school-admissions-amid-doctor-protests/</link>
<dc:creator><![CDATA[Lois Min | U. Queensland Law School, AU]]></dc:creator>
<pubDate>Sat, 18 May 2024 01:31:16 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[rol - workers rights]]></category>
<category><![CDATA[South Korea]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244530</guid>
<description><![CDATA[The Supreme Court of Korea dismissed an appeal on Thursday filed by doctors and medical professionals aiming to stop the South Korean government’s plan to increase the medical school admissions by up to 2,000 students next year, according to reports from local media. This initiative responds to the need to increase the number of medical […]
The post <a href="https://www.jurist.org/news/2024/05/south-korea-supreme-court-upholds-government-plan-to-increase-medical-school-admissions-amid-doctor-protests/">South Korea Supreme Court upholds government plan to increase medical school admissions amid doctor protests</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[The Supreme Court of Korea <a href="https://www.doctorsnews.co.kr/news/articleView.html?idxno=154688">dismissed</a> an appeal on Thursday filed by doctors and medical professionals aiming to stop the South Korean government’s plan to increase the medical school admissions by up to 2,000 students next year, according to reports from local media. This initiative responds to the need to increase the number of medical professionals to address South Korea’s rapidly aging population and the low doctor-to-population ratio.
For several months, South Korea’s healthcare system has faced disruptions due to strikes by more than 10,000 junior doctors, who have been protesting since February. The protesting senior doctors, estimated to be between 115,000 and 140,000, represent a significant proportion of the medical staff in major hospitals. The doctors <a href="https://www.hani.co.kr/arti/society/health/1140949.html">contend</a> that medical schools are ill-prepared for a sudden surge in student numbers, a situation they believe will compromise the quality of medical services. They argue that the government’s plan could lead to doctors performing unnecessary procedures due to heightened competition. However, some critics suggest that the primary concern for many doctors is that increased competition may reduce their earnings.
In the decision, the court emphasized that the government’s policy was “procedurally justified and rationalized” with no “obvious procedural or substantive flaws.” Even though this decision could “compromise medical students’ right to learn,” the court ruled in favor of “public welfare.”
Prime Minister Han Duck-soo <a href="https://youtu.be/Q2lR7kwCQlk?si=eLxIwWWKqysvRp1n">welcomed</a> the court’s decision during a public address, thanking “the judicial branch’s wise ruling” that facilitated the passing of “a major juncture” in “the expansion of medical schools and medical reform.” Addressing the issue of some medical school professors who announced closures in protest, he cautioned that “the public will no longer accept the practice of taking patients’ lives hostage for collective action.” He affirmed his commitment to continuing the reforms, stating that “we cannot be called a responsible government if we allow the collapse of essential medical care and local medical care to continue like this.”
Lim Hyun-taek, president of the Korean Medical Association (KMA), <a href="https://www.hani.co.kr/arti/society/health/1140949.html">criticized</a> the decision as “the final death sentence that will ruin the medical system.” Lim conveyed the sentiments of the protesting doctors and medical students, stating they “have no intention of going back” and are “willing to repeat a grade.” Lim warned of the potential long-term consequences, stating that “there will be a medical gap of approximately 10 years from the first year of pre-med to the fourth year of residency.”
Following the ruling, Lee Byung-chul, the lawyer representing the doctors, <a href="https://www.chosun.com/national/court_law/2024/05/17/GLM4UOSXM5AJNJCR3FFVMMVYDI/?outputType=amp">reflected</a> on the court’s decision, saying, “it means that the case was 90 percent successful, but 10 percent was insufficient.” He further explained, “the appeal was dismissed due to concerns about public welfare, yet we have identified a potential solution to this that we believe could address the court’s concerns.” Lee expressed optimism about the possibility of a re-appeal, noting, “as long as we proceed quickly, it is possible to make a final decision by the end of May.”
The post <a href="https://www.jurist.org/news/2024/05/south-korea-supreme-court-upholds-government-plan-to-increase-medical-school-admissions-amid-doctor-protests/">South Korea Supreme Court upholds government plan to increase medical school admissions amid doctor protests</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Canada set to impose first sanctions against extremist Israel settlers in West Bank</title>
<link>https://www.jurist.org/news/2024/05/canada-set-to-impose-first-sanctions-against-extremist-israel-settlers-in-west-bank/</link>
<dc:creator><![CDATA[Nada Wilson | Bond U. Faculty of Law, AU]]></dc:creator>
<pubDate>Sat, 18 May 2024 01:20:32 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Canada]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[Israel]]></category>
<category><![CDATA[israel-hamas war]]></category>
<category><![CDATA[Middle East/North Africa]]></category>
<category><![CDATA[palestine]]></category>
<category><![CDATA[ROL - war crimes/humanitarian law]]></category>
<category><![CDATA[sanctions]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244526</guid>
<description><![CDATA[The government of Canada announced on Thursday that additional sanctions will be imposed on extremist Israeli settlers in the West Bank. The sanctions will constitute a Canadian first of their kind. The sanctions will be implemented under the Canadian Special Economics Measures Act. The government said the need for these sanctions has amplified due to […]
The post <a href="https://www.jurist.org/news/2024/05/canada-set-to-impose-first-sanctions-against-extremist-israel-settlers-in-west-bank/">Canada set to impose first sanctions against extremist Israel settlers in West Bank</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[The government of Canada <a href="https://www.canada.ca/fr/affaires-mondiales/nouvelles/2024/05/le-canada-impose-des-sanctions-a-des-colons-extremistes-qui-commettent-des-actes-de-violence-a-lencontre-de-civiles-et-civils-en-cisjordanie.html">announced</a> on Thursday that additional sanctions will be imposed on extremist Israeli settlers in the West Bank. The sanctions will constitute a Canadian first of their kind.
The sanctions will be implemented under the Canadian <a href="https://laws-lois.justice.gc.ca/eng/acts/s-14.5/page-1.html">Special Economics Measures Act</a>. The government said the need for these sanctions has amplified due to a mass increase in the severity of attacks in the region. The sanctions will prevent the named individuals from transacting with or entering Canada. Canada’s Minister of Foreign Affairs <a href="https://www.canada.ca/fr/affaires-mondiales/nouvelles/2024/05/le-canada-impose-des-sanctions-a-des-colons-extremistes-qui-commettent-des-actes-de-violence-a-lencontre-de-civiles-et-civils-en-cisjordanie.html">explained</a> that the individuals within the sanction are named due to their high level of involvement in the violence and attacks on Palestinians in the region.
The named individuals within this sanction are:
<ol>
<li>David Chai Chasdai</li>
<li>Yinon Levi</li>
<li>Zvi Bar Yosef</li>
<li>Moshe Sharvit</li>
</ol>
Israeli extremist settlers have occupied Palestinian territories, usually by force. The <a href="https://edition.cnn.com/2024/02/02/middleeast/who-are-israeli-settlers-palestinian-land-intl/index.html">West Bank</a> is primarily considered occupied by international standards. The region now holds established Israeli Jewish settlements.
The Israeli Information Centre for Human Rights in the Occupied Territories <a href="https://www.btselem.org/settler_violence/20231019_forcible_transfer_of_isolated_communities_and_families_in_area_c_under_the_cover_of_gaza_fighting">reports</a> that up until April 17 there have been 157 families displaced from the West Bank from 18 communities. The displacement has evidently been forceful. Human Rights Watch <a href="https://english.wafa.ps/Pages/Details/143331">details</a> that Israeli extremist settlers in the region have committed crimes including murder, sexual assault and torture. The Israeli military has seemingly supported the attacks, as <a href="https://www.youtube.com/watch?v=Ah-0ikNr8o0&t=59s">video footage</a> depicts armed forces with assault rifles protecting individuals who are harassing the West Bank residents.
Recent events have seen the violence escalate further. A 14-year-old Israeli boy <a href="https://x.com/IDFSpokesperson/status/1778783421382213912">recently went missing</a> from a settler outpost. Israeli citizens stormed Turmusayya and Huwara in search of the boy. These individuals attacked by setting houses on fire and shooting at Palestinians. A citizen of a raided village <a href="https://edition.cnn.com/2024/04/12/middleeast/west-bank-village-stormed-by-israeli-settlers-intl/index.html">reported</a> that the IDF enabled the settler attacks rather than preventing them. The IDF later confirmed that the attacks took place, but claims they attempted to “disperse the violent riots.” There have been no public IDF comments in support of the attacks.
In response to the escalating violence, international forces have since applied similar sanctions to those implemented by Canada. The UK Government has <a href="https://www.jurist.org/news/2024/05/uk-government-responds-to-israeli-settler-violence-by-imposing-second-set-of-sanctions/">enforced sanctions</a> against the extremist Israeli settlers. The US has also <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/01/message-to-the-congress-on-imposing-certain-sanctions-on-persons-undermining-peace-security-and-stability-in-the-west-bank/">issued sanctions</a> against the four men. Though, both countries seem to have issued numerous sanctions. It is unknown if Canada intends to follow.
 
The post <a href="https://www.jurist.org/news/2024/05/canada-set-to-impose-first-sanctions-against-extremist-israel-settlers-in-west-bank/">Canada set to impose first sanctions against extremist Israel settlers in West Bank</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>US prosecutors unveil charges against individuals in North Korea IT worker fraud case</title>
<link>https://www.jurist.org/news/2024/05/us-prosecutors-unveil-charges-against-individuals-in-north-korea-it-worker-fraud-case/</link>
<dc:creator><![CDATA[Sean Nolan | Southwestern Law School, US]]></dc:creator>
<pubDate>Sat, 18 May 2024 01:03:55 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Domestic]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[North Korea]]></category>
<category><![CDATA[rol - state sovereignty]]></category>
<category><![CDATA[rol - tech/ai]]></category>
<category><![CDATA[us]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244479</guid>
<description><![CDATA[The US Department of Justice unsealed conspiracy charges Thursday against individuals accused of assisting North Korean (DPRK) nationals in fraudulently posing as US residents to obtain information technology (IT) jobs with US companies, allegedly generating millions of dollars in income that was then funneled back to the DPRK. In a press release the government called […]
The post <a href="https://www.jurist.org/news/2024/05/us-prosecutors-unveil-charges-against-individuals-in-north-korea-it-worker-fraud-case/">US prosecutors unveil charges against individuals in North Korea IT worker fraud case</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[The US Department of Justice <a href="https://dd80b675424c132b90b3-e48385e382d2e5d17821a5e1d8e4c86b.ssl.cf1.rackcdn.com/external/dcdc-24220-indictment-may82024-1.pdf">unsealed conspiracy charges</a> Thursday against individuals accused of assisting North Korean (DPRK) nationals in fraudulently posing as US residents to obtain information technology (IT) jobs with US companies, allegedly generating millions of dollars in income that was then funneled back to the DPRK.
In a <a href="https://www.justice.gov/opa/pr/charges-and-seizures-brought-fraud-scheme-aimed-denying-revenue-workers-associated-north">press release</a> the government called the alleged conspiracy “the largest case ever charged by the Justice Department involving…[an] IT worker’s scheme.”
The charges included the arrest of Arizona woman, Christina Chapman, who is accused of assisting foreign nationals with stealing the identities of more than 60 US residents in a sophisticated plot to place North Korean IT workers in remote work positions to generate revenue for weapons programs. The government also alleges that the remote workers made efforts to obtain proprietary business technology and make “malicious cyber intrusions into…employer’s network[s].”
The three North Korean nationals who were also named in the indictment have ties to the North Korean ballistic missile and weapons departments, according to the Department of Justice.
The 57 page indictment against Chapman described “blue-chip US companies” among the over 300 businesses affected by the scheme “including a top-5 national television network and media company, a premier Silicon Valley technology company, an aerospace and defense manufacturer, an iconic American care manufacturer, a high-end retail chain, and one of the most recognizable media and entertainment companies in the world.”
Chapman allegedly ran a “laptop farm” using company laptops issued to the remote workers to log in and make it appear that the workers were physically inside the US. Chapman charged a fee for assisting the remote workers in the scheme and also helped the foreign nationals receive wages from the companies.
Assistant Director Kevin Vorndran of the FBI’s Counterintelligence Division called the allegations a “new-high tech campaign to evade US sanctions, victimize US businesses, and steal US identities.”
North Korea has been under crushing sanctions since <a href="https://www.jurist.org/news/2017/06/un-security-council-passes-sanctions-against-individuals-and-groups-to-north-korea-sanctions-list/">2017</a> restricting exports and imports and fueling extreme food insecurity in one of the worlds poorest countries. The situation was further <a href="https://www.hrw.org/news/2024/03/07/north-korea-sealing-china-border-worsens-crisis#:~:text=Since%20the%20Covid%2D19%20pandemic,humanitarian%20and%20human%20rights%20situation.">exacerbated</a> with the 2020 COVID-19 pandemic when North Korea sealed it’s border with China and expanded security measures to crackdown on unsanctioned domestic and international travel.
The post <a href="https://www.jurist.org/news/2024/05/us-prosecutors-unveil-charges-against-individuals-in-north-korea-it-worker-fraud-case/">US prosecutors unveil charges against individuals in North Korea IT worker fraud case</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>ECHR rules Flanders ban on visible religious symbol in schools compatible with freedom of religion</title>
<link>https://www.jurist.org/news/2024/05/echr-rules-flanders-ban-on-visible-religious-symbol-in-schools-compatible-with-freedom-of-religion/</link>
<dc:creator><![CDATA[Miu Satake | Maastricht U. Faculty of Law, NL]]></dc:creator>
<pubDate>Sat, 18 May 2024 00:49:47 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Belgium]]></category>
<category><![CDATA[ECHR]]></category>
<category><![CDATA[europe]]></category>
<category><![CDATA[Flanders]]></category>
<category><![CDATA[freedom of religion]]></category>
<category><![CDATA[headscarf]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[islam]]></category>
<category><![CDATA[Muslim]]></category>
<category><![CDATA[rol - freedom of expression/speech]]></category>
<category><![CDATA[rol - religion]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244459</guid>
<description><![CDATA[The Flemish Community’s ban on wearing any visible symbols during the educational activities does not run counter to freedom of religion, the European Court of Human Rights (ECHR) ruled Thursday. It followed the decision given by the Constitutional Court in Belgium assessing based on the c0ncept of neutrality. In the case of Mikyas and Others […]
The post <a href="https://www.jurist.org/news/2024/05/echr-rules-flanders-ban-on-visible-religious-symbol-in-schools-compatible-with-freedom-of-religion/">ECHR rules Flanders ban on visible religious symbol in schools compatible with freedom of religion</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The Flemish Community’s ban on wearing any visible symbols during the educational activities does not run counter to freedom of religion, the European Court of Human Rights (ECHR) <a href="https://hudoc.echr.coe.int/eng#{%22appno%22:[%2250681/20%22],%22itemid%22:[%22001-233826%22]}">ruled</a> Thursday. It followed the decision given by the Constitutional Court in Belgium assessing based on the c0ncept of neutrality.
In the case of <a href="https://hudoc.echr.coe.int/eng#{%22appno%22:[%2250681/20%22],%22itemid%22:[%22001-233826%22]}">Mikyas and Others v. Belgium</a>, the applicants, three Muslim girls, complained that they were unable to wear the Islamic headscarf in their secondary school because of that prohibition implemented by the Council of the Flemish Community. This rule was <a href="https://www.jurist.org/news/2009/09/dutch-speaking-belgium-schools-to-ban/">extended</a> in 2009, and applied to all school activities except some specific ethic classes. Although their parents, who were the legal representatives of the applicants in the beginning of the proceedings, had signed the school regulations in advance, they lodged the claim before the ECHR for the envisaged violations of several provisions under the <a href="https://www.echr.coe.int/documents/d/echr/convention_ENG">European Convention on Human Rights</a> (the Convention), including Article 9 regulating the freedom of thought, conscience and religion.
The ECHR <a href="https://hudoc.echr.coe.int/eng#{%22appno%22:[%2250681/20%22],%22itemid%22:[%22001-233826%22]}">dismissed</a> the claim because the regulation in question did not discriminate on the religion, but ruled out general prohibition of wearing visible symbols. Besides the discretion each authority enjoys, the Court pointed out the vulnerability of pupils in schools who might feel exclusion or pressure in case without the forbidding. Therefore, in order to protect freedom and rights of others, such ruling was proportionate and met the necessity in a society.
Furthermore, the ECHR mainly took into account two previous cases in Belgium. Firstly, the Belgian Constitutional Court <a href="https://www.const-court.be/public/f/2011/2011-040f.pdf">admitted</a> Article 24 of <a href="https://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf">the Belgian constitution</a> guaranteed the freedom of choice of school by parents. Also, since the constitution sets up the concept of neutrality under the same constitutional provision, the Constitutional Court has <a href="http://www.raadvst-consetat.be/arr.php?nr=210000&l=fr">declared</a> the admissibility of the regulation decided by the Council of the Flemish Community. These cases supported the reasonings given by the ECHR in the present case.
In the past, the Court of Justice of European Union (EU) has <a href="https://www.jurist.org/news/2023/11/eu-court-rules-public-administrations-may-ban-headscarves-for-employees/">declared</a> the admissibility of the ban on wearing headscarves for employees when it was justified by its legitimate aim, proportionality and necessity. Since most of the contracting members of the Convention are the parties of the EU, the discussion regarding such prohibition is continuously ruled. However, the discretion available to the authorities to limit wearing symbols is still controversial in Europe.
The post <a href="https://www.jurist.org/news/2024/05/echr-rules-flanders-ban-on-visible-religious-symbol-in-schools-compatible-with-freedom-of-religion/">ECHR rules Flanders ban on visible religious symbol in schools compatible with freedom of religion</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>India Supreme Court outlines requirements for state acquisition of private property</title>
<link>https://www.jurist.org/news/2024/05/india-supreme-court-outlines-requirements-for-state-acquisition-of-private-property/</link>
<dc:creator><![CDATA[Arnav Laroia | The West Bengal National U. of Juridical Sciences, IN]]></dc:creator>
<pubDate>Fri, 17 May 2024 23:47:10 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[constitution]]></category>
<category><![CDATA[Constitution of India]]></category>
<category><![CDATA[constitutional safeguards]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[property]]></category>
<category><![CDATA[Right to Property]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244480</guid>
<description><![CDATA[The Supreme Court of India ruled Thursday that any acquisition of private property by the state must meet a set of criteria under Article 300A of India’s Constitution, which includes being carried out for a public purpose, following the law, and following proper procedure. A two-justice bench including PS Narasimha and Aravind Kumar held: In […]
The post <a href="https://www.jurist.org/news/2024/05/india-supreme-court-outlines-requirements-for-state-acquisition-of-private-property/">India Supreme Court outlines requirements for state acquisition of private property</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The Supreme Court of India <a href="https://www.sci.gov.in/wp-admin/admin-ajax.php?action=get_court_pdf&diary_no=88992020&type=j&order_date=2024-05-16&from=latest_judgements_order">ruled</a> Thursday that any acquisition of private property by the state must meet a set of criteria under <a href="https://indiankanoon.org/doc/120077007/">Article 300A</a> of India’s Constitution, which includes being carried out for a public purpose, following the law, and following proper procedure.
A two-justice bench including PS Narasimha and Aravind Kumar held:
<blockquote>In various decisions interpreting Article 300A, this court has also held that a person can be deprived of his right to property only through the procedure established by law. The state must mandatorily comply with the procedure that has been provided under the statute for an acquisition to be valid under Article 300A. Therefore, a valid acquisition of property is premised on the law providing a procedure for such an acquisition and the State complying with this statutory procedure. Procedural justice is therefore a significant mandate of Article 300A. The existence of and adherence to procedural safeguards is crucial for the protection of the right to property as they ensure fairness, transparency, natural justice, and non-arbitrary exercise of power in the process of acquisition.</blockquote>
In early 2009, Kolkata Municipal Corporation attempted to “forcefully enter and occupy” a property on Narkeldanga North Road that belonged to Birinchi Bihari Shah. This incident prompted Shah to petition the Calcutta High Court. The court ruled in favour of the petitioner, instructing the corporation to investigate the encroachments and prohibiting any further construction on the property.
Subsequently, the <a href="https://www.kmcgov.in/KMCPortal/jsp/KMCPortalHome1.jsp">Kolkata Municipal Corporation (KMC)</a> appealed the Calcutta High Court ruling in 2021 after the high court overturned the corporation’s acquisition proceedings.
The Supreme Court <a href="https://www.sci.gov.in/wp-admin/admin-ajax.php?action=get_court_pdf&diary_no=88992020&type=j&order_date=2024-05-16&from=latest_judgements_order">upheld</a> the Calcutta High Court order and rejected the KMC’s action to acquire a piece of private land. The court emphasised the importance of complying with the seven fundamental procedural rights conferred on a landowner by Article 300A before a valid acquisition occurs. The court determined that:
<blockquote>i) The state has a duty to inform the owners that it intends to acquire their property—a right to notice; 
ii) The state’s obligation to consider objections—the right to hear; 
iii) The state has a duty to inform its acquisition decision, ensuring the right to a reasoned decision; 
iv) The state has a duty to demonstrate that the acquisition is for a public cause—acquisitions should only be made for public purposes; 
v) The state’s duty to restitute and rehabilitate—the right to fair compensation; 
vi) The state has a duty to conduct the acquisition process efficiently and within prescribed timelines—a right to efficient conduct; and 
vii) The final outcome of the proceedings that lead to vesting—the right of conclusion.</blockquote>
In its verdict, the top court overturned the decision of the KMC to acquire private land at Narkeldanga North Road to construct a public park. The court ruled that the law does not grant the body the authority to obtain the land, thus deeming the acquisition illegal. The bench emphasized the importance of following the due procedure when it comes to the payment of compensation for the acquisition of private properties.
Article 300A of the <a href="https://lddashboard.legislative.gov.in/sites/default/files/COI...pdf">Constitution of India, 1950</a>, states that individuals cannot be deprived of their property unless authorised by law. This provision ensures that the state cannot confiscate a citizen’s property without following the proper legal procedures.
The post <a href="https://www.jurist.org/news/2024/05/india-supreme-court-outlines-requirements-for-state-acquisition-of-private-property/">India Supreme Court outlines requirements for state acquisition of private property</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Attacker of ex-US Speaker’s husband sentenced to 30 years in prison</title>
<link>https://www.jurist.org/news/2024/05/attacker-of-ex-us-house-speakers-husband-sentenced-to-30-years-in-prison/</link>
<dc:creator><![CDATA[Aabshar Ghassi | U. Pittsburgh School of Law, US]]></dc:creator>
<pubDate>Fri, 17 May 2024 22:57:42 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Domestic]]></category>
<category><![CDATA[Nancy Pelosi]]></category>
<category><![CDATA[Paul Pelosi]]></category>
<category><![CDATA[political violence]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244514</guid>
<description><![CDATA[The US District Court for the Northern District of California on Friday sentenced the man who attacked former US House Speaker Nancy Pelosi’s husband to thirty years imprisonment for assault and attempted kidnapping. On October 31, 2022, David DePape was charged with the attempted kidnapping of Nancy Pelosi and the assault of her husband Paul […]
The post <a href="https://www.jurist.org/news/2024/05/attacker-of-ex-us-house-speakers-husband-sentenced-to-30-years-in-prison/">Attacker of ex-US Speaker’s husband sentenced to 30 years in prison</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The US District Court for the Northern District of California on Friday <a href="https://www.jurist.org/news/wp-content/uploads/sites/4/2024/05/show_temp-2.pdf">sentenced</a> the man who attacked former US House Speaker Nancy Pelosi’s husband to thirty years imprisonment for assault and attempted kidnapping.
On October 31, 2022, David DePape was <a href="/news/2022/10/us-man-federally-charged-for-attack-on-us-house-speaker-nancy-pelosis-husband/">charged</a> with the attempted kidnapping of Nancy Pelosi and the assault of her husband Paul Pelosi. The <a href="https://www.cand.uscourts.gov/wp-content/uploads/cases-of-interest/usa-vs-david-wayne-depape/Dig-Indictment-package-DePape-_003_.pdf">indictment</a> alleged that DePape broke into Pelosi’s home and assaulted 82-year-old Paul with a hammer. It also stated that DePape admitted to the police that “[h]e planned to hold Speaker Pelosi hostage” to get the “truth” out of her and “would break ‘her kneecaps'” if she “lied” because Pelosi was the “‘leader of the pack’ of lies told by the Democratic Party.” On November 17, 2023, a jury <a href="https://www.justice.gov/usao-ndca/pr/david-depape-convicted-assault-and-attempted-kidnapping-charges">convicted</a> DePape on his charges.
The court gave concurrent sentences of 20 years of imprisonment for the attempted kidnapping and 30 years of imprisonment for the assault of Paul. The court also mandated five years of supervised release and a $200 fine.
In response to DePape’s sentencing, Pelosi’s spokesperson released a <a href="https://twitter.com/SpeakerPelosi/status/1791533878840012960">statement on X</a> saying:
<blockquote>The Pelosi family couldn’t be prouder of their Pop and his tremendous courage in saving his own life on the night of the attack and in testifying in this case. Speaker Pelosi and her family are immensely grateful to all who have sent love and prayers over the last eighteen months, as Mr. Pelosi continues his recovery.</blockquote>
US Attorney Ismail J. Ramsey said in <a href="https://www.justice.gov/usao-ndca/pr/david-depape-convicted-assault-and-attempted-kidnapping-charges">a press release</a> after DePaul’s conviction: “Our public servants and their families deserve to work and live without threats and violence. Defendant’s violent plan to kidnap then-Speaker Pelosi was rooted in his virulent disagreement with her as a result of her official position … violence has no place in politics.“
The post <a href="https://www.jurist.org/news/2024/05/attacker-of-ex-us-house-speakers-husband-sentenced-to-30-years-in-prison/">Attacker of ex-US Speaker’s husband sentenced to 30 years in prison</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Arkansas Supreme Court upholds 4 voting restriction laws</title>
<link>https://www.jurist.org/news/2024/05/arkansas-supreme-court-upholds-four-voting-restriction-laws/</link>
<dc:creator><![CDATA[Aabshar Ghassi | U. Pittsburgh School of Law, US]]></dc:creator>
<pubDate>Fri, 17 May 2024 19:02:59 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[#votingrights]]></category>
<category><![CDATA[Arkansas]]></category>
<category><![CDATA[Domestic]]></category>
<category><![CDATA[rol - election/voting]]></category>
<category><![CDATA[us]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244431</guid>
<description><![CDATA[The Arkansas Supreme Court on Thursday upheld four voting restriction laws passed in 2021. The laws were challenged for violating five provisions of the Arkansas Constitution. Arkansas law already required county clerks to find sufficient similarity in the signatures of the absentee ballot application and the voter registration. Act 736 replaced “voter registration” with “voter […]
The post <a href="https://www.jurist.org/news/2024/05/arkansas-supreme-court-upholds-four-voting-restriction-laws/">Arkansas Supreme Court upholds 4 voting restriction laws</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The Arkansas Supreme Court on Thursday <a href="https://opinions.arcourts.gov/ark/supremecourt/en/item/522803/index.do">upheld</a> four voting restriction laws passed in 2021. The laws were challenged for violating five provisions of the Arkansas Constitution.
Arkansas law already required county clerks to find sufficient similarity in the signatures of the absentee ballot application and the voter registration. <a href="https://www.arkleg.state.ar.us/Acts/SearchByRange?start=720&ddBienniumSession=2021%2F2021R#SearchResults">Act 736</a> replaced “voter registration” with “voter registration application.” <a href="https://www.arkleg.state.ar.us/Acts/SearchByRange?start=960&ddBienniumSession=2021%2F2021R">Act 973</a> moved the deadline for in-person absentee ballot delivery from the day before the election day to the Friday before election day. <a href="https://www.arkleg.state.ar.us/Acts/SearchByRange?start=240&ddBienniumSession=2021%2F2021R#SearchResults">Act 249</a> removed an alternative to the Arkansas constitutional requirement of presenting a “valid photographic identification” before voting. The alternative was for the voter to give a sworn statement that “the voter registered to vote in this state and that he or she is the person registered to vote.” <a href="https://www.arkleg.state.ar.us/Acts/SearchByRange?start=720&ddBienniumSession=2021%2F2021R#SearchResults">Act 728</a> prohibits a person from “enter[ing] or remain[ing] in an area within one hundred feet (100′) of the primary exterior entrance to a building where voting is taking place except for a person entering or leaving a building where voting is taking place for lawful purposes.”
The laws were challenged for violating the “equality before the law” in Article 2, Section 3 of the <a href="https://advance.lexis.com/container?config=0145JAA3MTdkMDQ2Mi01Yjg3LTQ5YjUtOTM2NS05MzE5ZjhjNGY5N2MKAFBvZENhdGFsb2cWtateMur7cOlHYN8TgmNk&crid=f472b746-85fd-4424-9834-9829fd249b05">Arkansas Constitution</a>. The court rejected the challenge because the acts are “facially neutral” and have no “discriminatory classifications.”
The laws were also challenged for violating the “right of suffrage” clause in Article 3, Section 2 of the constitution. The court has traditionally interpreted the clause to mean to protect voters from voter fraud and voter intimidation. So, the court found that for Acts 736 and 973, Act 249 and Act 728 respectively, “Article 3, section 2, of the Arkansas Constitution does not confer a constitutionally protected right to absentee voting, voting without identification, or the right to ‘support’ while waiting in line to vote.”
The third challenge was that Acts 736 and 973 contradict the voter qualification requirements in Article 3, Section 1 of the state constitution. The court recognized that law cannot add voter qualifications beyond those in Article 3, Section 1. However, it found those acts do not add new voter qualifications because the acts do not add conditions for “who is qualified to vote.”
Act 249 was challenged for violating the state constitution’s Amendment 51, section 19, which allows amendments to “Sections 5 through 15 of [Amendment 51], so long as such amendments are germane to [Amendment 51], and consistent with its policy and purposes.” The court rejects the challenge because “Act 249 … provides a way for poll workers to ensure that the person voting is the person who has registered to vote.” 

The last challenge was for Act 728 violating the right to free speech and free assembly protected in Article 2, Sections 4 and 6 of the Arkansas Constitution and the First Amendment of the <a href="https://www.archives.gov/founding-docs/constitution">US Constitution</a>. The court highlights that the US Supreme Court “upheld a content-based restriction on speech within one hundred feet of a polling place under strict scrutiny.” So, the court rejected the last challenge.
Central to the court’s holding is that “while the right to vote has been held to be fundamental, the right to vote in a particular manner is not guaranteed.”
The post <a href="https://www.jurist.org/news/2024/05/arkansas-supreme-court-upholds-four-voting-restriction-laws/">Arkansas Supreme Court upholds 4 voting restriction laws</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>EU consumer protection group lodges complaint against China fast-fashion retailer Temu</title>
<link>https://www.jurist.org/news/2024/05/eu-consumer-protection-group-lodges-complaint-against-china-fast-fashion-retailer-temu/</link>
<dc:creator><![CDATA[Merle Sandhop | Maastricht U. Faculty of Law, NL]]></dc:creator>
<pubDate>Fri, 17 May 2024 16:29:20 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[#EuropeanUnion]]></category>
<category><![CDATA[China]]></category>
<category><![CDATA[EU]]></category>
<category><![CDATA[europe]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[rol - tech/ai]]></category>
<category><![CDATA[tech]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244447</guid>
<description><![CDATA[The European Consumer Organization’s network (BEUC) lodged a complaint on Thursday with the European Commission against Chinese fast-fashion retailer Temu over a potential breach of the Digital Services Act (DSA). Additionally, 17 BEUC members have filed the same complaint with their national competent authorities against the e-commerce platform, which is owned by the Chinese PDD […]
The post <a href="https://www.jurist.org/news/2024/05/eu-consumer-protection-group-lodges-complaint-against-china-fast-fashion-retailer-temu/">EU consumer protection group lodges complaint against China fast-fashion retailer Temu</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The <a href="https://www.beuc.eu/about-beuc/who-we-are">European Consumer Organization’s network</a> (BEUC) <a href="https://www.beuc.eu/sites/default/files/publications/BEUC-PR-2024-019_Surging_online_marketplace_Temu_flouting_new_EU_law_meant_to_keep_consumers_safe.pdf">lodged</a> a complaint on Thursday with the European Commission against Chinese fast-fashion retailer Temu over a potential breach of the <a href="https://eur-lex.europa.eu/eli/reg/2022/2065/oj">Digital Services Act</a> (DSA). Additionally, 17 BEUC members have filed the same complaint with their national competent authorities against the e-commerce platform, which is owned by the Chinese PDD group and has been active in the European market since early 2023.
According to the <a href="https://www.beuc.eu/sites/default/files/publications/BEUC-X-2024-046_Temu_Why_the_fast-growing_online_marketplace_fails_to_comply_with_the_DSA.pdf">complaint</a>, Temu has failed to protect consumers and has used manipulative practices, which are illegal under the DSA. In particular, it has often failed to provide crucial information relevant to determining whether the product meets EU product safety requirements and frequently lacks clarity on how it recommends products.
“Temu may be taking Europe by storm, but today we want to shine a light on its many illegal practices which are disregarding consumers’ interests and which authorities must rein in. The online marketplace is rife with manipulative techniques that are designed to push consumers to spend more on the platform,” said Monique Goyens, Director General at the BEUC.
The BEUC has also further stated that it requests the competent digital services coordinator to initiate formal proceedings and assess whether Temu has breached Article 14 (terms and conditions, Article 21 (out-of-court dispute settlement), Article 25 (online interface design and organization), Article 27 (transparency of recommender systems), Article 28 (exclusion for micro and small enterprises), Article 30 (traceability of traders) and Article 31 (compliance by design) of the DSA. The European Commission was further asked to designate Temu as a “very large online platform” (VLOP) and as a result, carefully monitor its compliance with its obligations as a VLOP. Under the DSA, companies designated as a VLOP must abide by <a href="https://digital-strategy.ec.europa.eu/en/policies/dsa-vlops">strict rules</a>, including increased transparency and accountability.
According to <a href="https://www.reuters.com/business/retail-consumer/temu-targeted-eu-consumer-groups-complaint-eu-tech-regulator-2024-05-16/">Reuters</a>, Temu has made a statement stating that it takes the complaint “very seriously” and hopes to continue its dialogue with relevant stakeholders to improve its service for consumers.
The BEUC was founded in 1962 and is an umbrella organization for 45 independent consumer organizations from 31 countries including 26 EU Member States. It is primarily responsible for representing the national organizations to the EU institutions and defending the European consumers’ interests.
The post <a href="https://www.jurist.org/news/2024/05/eu-consumer-protection-group-lodges-complaint-against-china-fast-fashion-retailer-temu/">EU consumer protection group lodges complaint against China fast-fashion retailer Temu</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>India Supreme Court curtails Enforcement Directorate authority to arrest individuals accused of money laundering</title>
<link>https://www.jurist.org/news/2024/05/india-supreme-court-curtails-enforcement-directorate-authority-to-arrest-individuals-accused-of-money-laundering/</link>
<dc:creator><![CDATA[Arnav Laroia | The West Bengal National U. of Juridical Sciences, IN]]></dc:creator>
<pubDate>Fri, 17 May 2024 16:16:12 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[crime]]></category>
<category><![CDATA[financial crimes]]></category>
<category><![CDATA[India]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[judicial administration]]></category>
<category><![CDATA[Prevention of Money Laundering Act]]></category>
<category><![CDATA[rol - corruption/official misconduct]]></category>
<category><![CDATA[rol - due process/fair trial]]></category>
<category><![CDATA[rol - police powers]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244434</guid>
<description><![CDATA[The Supreme Court of India ruled Thursday that the Enforcement Directorate (ED) has no authority to arrest an individual directly under the Prevention of Money Laundering Act (PMLA), 2002 with only recognition of the complaint from a court. The top court determined that to obtain custody, the central agency must seek permission from the special […]
The post <a href="https://www.jurist.org/news/2024/05/india-supreme-court-curtails-enforcement-directorate-authority-to-arrest-individuals-accused-of-money-laundering/">India Supreme Court curtails Enforcement Directorate authority to arrest individuals accused of money laundering</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The Supreme Court of India <a href="https://www.sci.gov.in/wp-admin/admin-ajax.php?action=get_court_pdf&diary_no=537312023&type=j&order_date=2024-05-16&from=latest_judgements_order">ruled</a> Thursday that the <a href="https://enforcementdirectorate.gov.in/">Enforcement Directorate (ED)</a> has no authority to arrest an individual directly under the <a href="https://dea.gov.in/sites/default/files/moneylaunderingact.pdf">Prevention of Money Laundering Act (PMLA), 2002</a> with only recognition of the complaint from a court. The top court determined that to obtain custody, the central agency must seek permission from the special court. The PMLA is a piece of legislation passed by the Parliament of India to combat money laundering and enable the seizure of assets obtained through such illegal activities.
The court <a href="https://www.sci.gov.in/wp-admin/admin-ajax.php?action=get_court_pdf&diary_no=537312023&type=j&order_date=2024-05-16&from=latest_judgements_order">concluded</a> in part that:
<blockquote>(i) After cognizance is taken of the offence punishable under Section 4 of the PMLA based on a complaint under Section 44, the ED and its officers are powerless to exercise powers under Section 19 to arrest a person shown as accused in the complaint; and
(j) If the ED wants custody of the accused who appears after service of summons for conducting further investigation in the same offence, the ED will have to seek custody of the accused by applying to the Special Court.</blockquote>
The Supreme Court delivered the ruling more than two months after rejecting a petition requesting a review of a previous verdict. The earlier verdict stated that the ED must provide written grounds for the arrest of an accused “without exception.” The court found no errors in its judgement that would justify reconsideration.
The <a href="https://www.sci.gov.in/wp-admin/admin-ajax.php?action=get_court_pdf&diary_no=537312023&type=j&order_date=2024-05-16&from=latest_judgements_order">current decision</a> was delivered in response to a petition filed by Tarsem Lal, who had challenged a previous Punjab and Haryana High Court order in a PMLA case against him. The high court rejected his anticipatory bail plea, reasoning that he failed to meet one of the conditions outlined in <a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00035_200315_1517807326550&sectionId=25512&sectionno=45&orderno=48">Section 45 of the PMLA.</a>
Section 45 of the PMLA <a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00035_200315_1517807326550&sectionId=25512&sectionno=45&orderno=48">stipulates</a> certain conditions for securing bail. The court must be convinced that there are valid reasons to believe the accused is innocent of the alleged offense and that the accused, if granted bail, will not engage in any criminal activity.
In this case, the Supreme Court considered whether an accused person would still need to apply for bail under <a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_000010_197402_1517807320555&orderno=485">Section 437 of the CrPC</a> after appearing before the special court in response to a summons. The Supreme Court deliberated on whether the conditions under Section 45 of the PMLA would apply if bail were required.
The court emphasized that the accused does not need to meet the strict criteria for bail under Section 45 of the PMLA when they voluntarily appear before the special court following the ED complaint. The court ruled that if the ED seeks custody of an accused, it must apply to the special court. This ruling makes it easier for accused individuals to obtain bail in money-laundering cases.
The court emphasized in its ruling that the ED has the authority to conduct additional investigations into the same offense and may even arrest individuals not initially named as accused in the filed complaint, provided they meet the requirements outlined in <a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_2_2_00035_200315_1517807326550&orderno=22">Section 19 of the PMLA.</a>
The post <a href="https://www.jurist.org/news/2024/05/india-supreme-court-curtails-enforcement-directorate-authority-to-arrest-individuals-accused-of-money-laundering/">India Supreme Court curtails Enforcement Directorate authority to arrest individuals accused of money laundering</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Myanmar authorities must withdraw new terrorism charges and release detained journalist Htet Aung: CPJ</title>
<link>https://www.jurist.org/news/2024/05/myanmar-authorities-must-withdraw-new-terrorism-charges-and-release-detained-journalist-htet-aung-cjp/</link>
<dc:creator><![CDATA[Ashley Wong | Chinese U. Hong Kong Faculty of Law, CN/HK]]></dc:creator>
<pubDate>Fri, 17 May 2024 15:58:34 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Asia]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[Myanmar]]></category>
<category><![CDATA[rol - arbitrary detention/political arrest]]></category>
<category><![CDATA[rol - freedom of the press]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244453</guid>
<description><![CDATA[Myanmar authorities charged detained Development Media Group journalist Htet Aung with terrorism but did not inform his family and lawyers until May, the Committee to Protect Journalists (CPJ) said Thursday as it urged authorities to withdraw all charges and release Htet Aung. According to the editor-in-chief of Development Media Group, Htet Aung is held in […]
The post <a href="https://www.jurist.org/news/2024/05/myanmar-authorities-must-withdraw-new-terrorism-charges-and-release-detained-journalist-htet-aung-cjp/">Myanmar authorities must withdraw new terrorism charges and release detained journalist Htet Aung: CPJ</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[Myanmar authorities charged detained <a href="https://www.dmediag.com/">Development Media Group</a> journalist Htet Aung with terrorism but did not inform his family and lawyers until May, the Committee to Protect Journalists (CPJ) said Thursday as it urged authorities to withdraw all charges and release Htet Aung. According to the editor-in-chief of Development Media Group, Htet Aung is held in pre-trial detention in Sittwe Prison in Rakhine, Myanmar.
Htet Aung was charged with terrorism under <a href="https://www.mlis.gov.mm/mLsView.do;jsessionid=5B029BFB369BF0AA41D22495C5A69293?lawordSn=9596">section 52(a) of The Counter Terrorism Law</a> in January, in addition to his pre-existing defamation charge under <a href="https://www.ptd.gov.mm/Uploads/Services/Attach/22018/2096121422018_2.%20Telecom%20Law(Eng).pdf">section 65 of The Telecommunications Law</a>. Both charges impose maximum penalties of seven and five years in prison, respectively. He faces a maximum of 12 years in prison if convicted of both charges.
Senior Southeast Asia representative of CPJ Shawn Crispin called on Myanmar authorities to release Htet Aung from detention. He said:
<blockquote>Myanmar authorities must cease their senseless legal persecution of Development Media Group reporter Htet Aung and set him free immediately. Myanmar must stop leveling terrorism charges against journalists for merely doing their jobs of reporting the news.</blockquote>
Htet Aung was <a href="https://cpj.org/data/people/htet-aung/">arrested</a> on October 29, 2023. On the same day of his arrest, soldiers, special branch officials and the police raided the news agency’s bureau and confiscated cameras and documents before cordoning the building. The staff of the agency also went into hiding.
Development Media Group specializes in reporting on news in Rakhine, where Myanmar’s ruling junta is challenged. UN Special Rapporteur Tom Andrews previously <a href="https://www.jurist.org/news/2024/03/un-official-warns-of-escalating-violence-in-myanmar-against-civilians-by-junta/">warned</a> that the junta’s attacks impacted Myanmar’s minority Rohingya Muslim community to the largest extent. The majority of the Rohingya community lives in Rakhine, where at least 23 Rohingya were killed in the bombing of a village there.
The CPJ’s 2023 prison census <a href="https://www.jurist.org/news/2024/01/2023-cpj-prison-census-shows-incarceration-of-journalists-near-record-high/">revealed</a> Myanmar as the second-highest jailer of journalists. The CPJ stated that journalists were often imprisoned without being told the charges against them and faced dangerous conditions in retaliation for their work. UNESCO termed the dangerous conditions journalists face as “<a href="https://www.unesco.org/en/articles/2023-alarming-increase-journalists-killed-conflict-zones#:~:text=UNESCO%20figures%20show%20that%202023,to%20the%20past%20three%20years.">zones of silence</a>.” According to UNESCO, zones of silence are generally created when threats of “physical attack, detention, the confiscation of equipment or denial of access to reporting sites” arise. These threats have caused large numbers of journalists to flee the areas or stop working. On February 16, the CPJ <a href="https://www.jurist.org/news/2024/02/committee-to-protect-journalists-calls-for-investigation-into-killing-of-myanmar-journalist-myat-thu-tan/">urged</a> the Myanmar government to investigate and prosecute the perpetrators of <a href="https://english.dvb.no/about-us/">Democratic Voice of Burma</a> journalist Myat Thu Tan’s killing. The body of Myat Thu Tan bore signs of torture when it was reportedly found buried in a bomb shelter in a Rakhine military camp.
The post <a href="https://www.jurist.org/news/2024/05/myanmar-authorities-must-withdraw-new-terrorism-charges-and-release-detained-journalist-htet-aung-cjp/">Myanmar authorities must withdraw new terrorism charges and release detained journalist Htet Aung: CPJ</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>US House passes bill forcing Biden to send weapons to Israel</title>
<link>https://www.jurist.org/news/2024/05/us-house-passes-bill-forcing-biden-to-send-weapons-to-israel/</link>
<dc:creator><![CDATA[Madeline Yingling | U. Pittsburgh School of Law, US]]></dc:creator>
<pubDate>Fri, 17 May 2024 15:34:14 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Biden]]></category>
<category><![CDATA[Domestic]]></category>
<category><![CDATA[gaza]]></category>
<category><![CDATA[hamas]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[Israel]]></category>
<category><![CDATA[palestine]]></category>
<category><![CDATA[rol - human rights]]></category>
<category><![CDATA[ROL - war crimes/humanitarian law]]></category>
<category><![CDATA[us]]></category>
<category><![CDATA[US House]]></category>
<category><![CDATA[US House of Representatives]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244448</guid>
<description><![CDATA[The US House of Representatives passed a bill on Thursday that would restrict President Joe Biden’s ability to withhold weapons transfers to Israel, aiming to force the president to deliver certain weapons after he previously placed shipments on hold. The bill, known as the Israel Security Assistance Support Act, was crafted “[t]o provide for the […]
The post <a href="https://www.jurist.org/news/2024/05/us-house-passes-bill-forcing-biden-to-send-weapons-to-israel/">US House passes bill forcing Biden to send weapons to Israel</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The US House of Representatives <a href="https://clerk.house.gov/evs/2024/roll217.xml">passed</a> a <a href="https://rules.house.gov/sites/republicans.rules118.house.gov/files/Israel_Assistance_xml%20%28002%29.pdf">bill</a> on Thursday that would restrict President Joe Biden’s ability to withhold weapons transfers to Israel, aiming to force the president to deliver certain weapons after he previously placed shipments on hold.
The bill, known as the Israel Security Assistance Support Act, was crafted “[t]o provide for the expeditious delivery of defense articles and defense services for Israel and other matters.” The bill condemns Biden’s decision to <a href="https://apnews.com/article/jdam-2000-bomb-israel-pause-13c22dd220b2262890e92bccdc6c591b">pause</a> the shipment of heavy bombs to Israel earlier this month, calling on the president to allow the transfers to proceed. The bill stated that Israel is currently facing “unprecedented threats from Iran and its proxies, including Hezbollah, Hamas, and the Houthis” and that Congress “reaffirms Israel’s right to self-defense.”
Co-sponsor of the bill Mario Díaz-Balart <a href="https://mariodiazbalart.house.gov/media-center/press-releases/house-passes-israel-security-assistance-support-act">said</a> that “[i]n contrast to the weak and confused policy of the Biden Administration, the House is standing solidly with Israel as it wages an existential battle against the terrorist state of Iran, and its terrorist proxies.”
The bill was approved by a <a href="https://clerk.house.gov/evs/2024/roll217.xml">vote</a> of 224 to 187, largely among party lines with only three Republicans voting against the bill and 16 Democrats voting in its favor. If the bill passes the Senate, President Biden has already stated he plans to <a href="https://www.whitehouse.gov/wp-content/uploads/2024/05/SAP-HR8369.pdf">veto</a> it. Minority Leader Hakeem Jeffries <a href="https://www.politico.com/live-updates/2024/05/16/congress/israel-bill-passes-00158457">indicated</a> Democratic leaders would support that action, stating that “[w]e will sustain the President’s veto, as we have done consistently throughout the 118th Congress.”
Biden, who placed the hold due to concerns that Israel could use those weapons to inflict severe casualties in the city of <a href="https://www.jurist.org/news/2024/05/un-leaders-urgently-call-on-israel-to-avoid-large-scale-offensive-in-rafah/">Rafah</a>, <a href="https://www.whitehouse.gov/wp-content/uploads/2024/05/SAP-HR8369.pdf">emphasized</a> his opposition to the bill earlier this week. He stated that the bill “seeks to limit the President’s discretion to ensure that the delivery of certain defense articles and services aligns with U.S. foreign policy objectives” and would undermine his ability to act as the Commander-in-Chief and Chief Executive of the United States.
National Security Council Spokesperson Adrienne Watson also <a href="https://abcnews.go.com/Politics/wireStory/house-republicans-vote-bill-requiring-delivery-bombs-israel-110308320">stated</a> that Biden remains committed to supporting Israel and “will ensure that Israel has everything it needs to defeat Hamas,” but that the president “is also strongly on the record for the protection of innocent civilians.” She added, “Israel has a right and obligation to protect themselves, but they must do so while avoiding civilian casualties.”
Hamas <a href="https://www.jurist.org/news/2023/10/at-least-100-israeli-civilians-killed-following-hamas-ground-and-rocket-attacks/">attacked</a> Israel on October 7, killing 1200 people and taking 240 hostage. Since then, Israel has <a href="https://www.reuters.com/world/middle-east/gaza-death-toll-how-many-palestinians-has-israels-campaign-killed-2024-05-14/#:~:text=May%2014%20(Reuters)%20%2D%20Palestinian,million%20people%20from%20their%20homes.">killed</a> over 35,000 Palestinian civilians in response. <a href="https://www.jurist.org/news/2023/11/hrw-israel-hospital-attacks-and-limits-on-aid-in-gaza-should-be-investigated-as-war-crimes/">Human rights organizations</a> and <a href="https://www.jurist.org/commentary/2023/10/nafees-ahmad-war-crimes-israel-palestine/">advocates</a> have <a href="https://www.amnesty.org/en/petition/demand-a-ceasefire-by-all-parties-to-end-civilian-suffering/">called</a> on both the US and Israel to <a href="https://www.jurist.org/news/2024/05/amnesty-international-asks-israel-to-uphold-palestinians-right-to-return/">end</a> civilian suffering in Gaza over the past few months, emphasizing that nearly two million Palestinians have been displaced by the war and lack access to <a href="https://www.unicef.org/press-releases/acute-malnutrition-has-doubled-one-month-north-gaza-strip-unicef#:~:text=Screenings%20conducted%20for%20the%20first,of%20which%20have%20severe%20wasting.">food</a>, <a href="https://www.hrw.org/news/2023/11/16/israeli-authorities-cutting-water-leading-public-health-crisis-gaza">water</a>, and <a href="https://www.jurist.org/news/2023/12/who-no-hospitals-remain-functional-in-north-gaza/">medical care</a>. In the past week alone, at least 600,000 people have been <a href="https://news.un.org/en/story/2024/05/1149756">displaced</a> from Rafah amidst the Israeli offensive in the city.
The International Court of Justice in January <a href="https://www.jurist.org/news/2024/01/icj-orders-israel-to-prevent-genocide-in-gaza-declines-to-order-ceasefire/">ordered</a> Israel to “take all measures within its power” to prevent a “plausible” genocide in Gaza, and the court <a href="https://www.jurist.org/news/2024/03/icj-orders-additional-provisional-measures-in-genocide-case-against-israel/">issued</a> additional emergency measures in March.
The US currently provides Israel with $3.8 billion per year in security assistance and missile defense funding under a <a href="https://obamawhitehouse.archives.gov/the-press-office/2016/09/14/fact-sheet-memorandum-understanding-reached-israel">2016 Memorandum of Understanding</a>. The bill also pointed out that Congress has enacted legislation appropriating $12.5 billion in security assistance and missile defense to Israel this year.
The post <a href="https://www.jurist.org/news/2024/05/us-house-passes-bill-forcing-biden-to-send-weapons-to-israel/">US House passes bill forcing Biden to send weapons to Israel</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>Hungary court grants house arrest to anti-fascist protestor Ilaria Salis as she awaits trial</title>
<link>https://www.jurist.org/news/2024/05/hungary-court-grants-house-arrest-to-anti-fascist-protestor-ilaria-salis-as-she-awaits-trial/</link>
<dc:creator><![CDATA[Saffire Penn | Newcastle Law School, AU]]></dc:creator>
<pubDate>Fri, 17 May 2024 15:23:31 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[europe]]></category>
<category><![CDATA[Hungary]]></category>
<category><![CDATA[ilaria salis]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[Italy]]></category>
<category><![CDATA[rol - arbitrary detention/political arrest]]></category>
<category><![CDATA[rol - prison conditions/mass incarceration]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244424</guid>
<description><![CDATA[The Budapest Capital Regional Court of Appeal announced it will grant house arrest in Budapest to Ilaria Salis, a 39-year-old elementary teacher and left-wing activist from Monza, Italy due to the conditions of her imprisonment, local media confirmed on Wednesday. This defense motion was initially rejected by the Budapest Capital Regional Court on March 28. […]
The post <a href="https://www.jurist.org/news/2024/05/hungary-court-grants-house-arrest-to-anti-fascist-protestor-ilaria-salis-as-she-awaits-trial/">Hungary court grants house arrest to anti-fascist protestor Ilaria Salis as she awaits trial</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<content:encoded><![CDATA[The Budapest Capital Regional Court of Appeal announced it will grant house arrest in Budapest to Ilaria Salis, a 39-year-old elementary teacher and left-wing activist from Monza, Italy due to the conditions of her imprisonment, local media <a href="https://24.hu/belfold/2024/05/15/ilaria-salis-ovadek-16-millio-forint/">confirmed</a> on Wednesday. This defense motion was initially rejected by the Budapest Capital Regional Court on March 28.
Salis’s lawyer, Gyorgy Magyar reported to the <a href="https://www.ansa.it/english/news/2024/05/15/salis-out-on-bail-with-ankle-bracelet-says-lawyer_b869ed87-9290-4195-b9c5-3c8f12625e2f.html">Agenzia Nazionale Stampa Associata (ANSA)</a> that the outcome is a “success,” noting that Salis will have to wear an ankle monitor and her father will be required to pay 40,000 EUR for the house arrest bail. 
Ilaria Salis has spent the past 15 months in a Hungarian prison as she awaits trial for allegedly assaulting far-right neo-Nazi sympathizers during the annual “Day of Honour” celebrations. If convicted, she could face up to eleven years in prison. 
The “Day of Honour” celebrations took place this year on Saturday, February 10 in Budapest, <a href="https://www.jurist.org/news/2024/02/anti-fascist-protestors-march-in-budapest-against-right-wing-day-of-honour-event-amid-diplomatic-tension-between-italy-and-hungary/">commemorating</a> a failed breakout attempt by German and Hungarian troops in 1945, when the Soviet Red Army besieged the city. According to the <a href="https://www.europarl.europa.eu/doceo/document/E-9-2024-000554_EN.html">European Parliament</a>, the Hungarian Government has failed to impose an effective ban on the demonstration, even though it violates Hungarian law and threatens the security of Hungarian citizens.
According to <a href="https://www.reuters.com/world/europe/italys-meloni-urges-swift-trial-italian-activist-held-hungary-2024-02-01/">Reuters</a>, images of Salis being led into court with her feet and hands bound with a chain around her waist made the front pages of Italy’s newspapers in February and caused an outrage from the media and public, who called for Rome’s right-wing government to do more to help her. 
An Italian Government Press Release stated that the Deputy Prime Minister and Foreign Affairs Minister, Antonio Tajani, raised <a href="https://www.esteri.it/en/sala_stampa/archivionotizie/comunicati/2024/02/il-vice-presidente-del-consiglio-e-ministro-degli-affari-esteri-e-della-cooperazione-internazionale-on-antonio-tajani-riceve-il-ministro-degli-affari-esteri-di-ungheria-peter-szijjarto/">concerns</a> over the detention conditions, including those of Ilaria Salis, with Hungarian Minister of Foreign Affairs, Péter Szijjártó, on February 28:
<blockquote>Tajani also provided his foreign peer with a new, detailed memo of Salis’ detention conditions and stressed the need to carry out a fair trial and ensure that Mrs Salis’ fundamental rights and dignity are protected, also through the support of the Italian Embassy in Budapest.</blockquote>
The European Parliament <a href="https://www.europarl.europa.eu/news/en/agenda/briefing/2024-02-05/11/meps-to-debate-situation-of-prisoners-in-hungary-including-ilaria-salis">noted</a> the “deplorable prison conditions,” including rats, insects and poor hygiene, stating further that in 2021 Hungary and Poland had the highest prisoner rates per 100,000 people in the EU. 
In October last year, Salis wrote a letter condemning the deplorable conditions she experienced in prison. Upon her arrival, she was not given any personal hygiene items and was left without toilet paper, soap, or sanitary pads.
Salis has been <a href="https://www.reuters.com/world/europe/italian-activist-jailed-hungary-run-eu-elections-june-2024-04-19/">nominated</a> by the Italian Green and Left Alliance, to be their candidate on the European ballot, in agreement with her father Roberto, who is campaigning for her release. The Italian Greens and Left Alliance is running around 4% in opinion polls. The European election will take place June 6 – 9, 2024. 
The post <a href="https://www.jurist.org/news/2024/05/hungary-court-grants-house-arrest-to-anti-fascist-protestor-ilaria-salis-as-she-awaits-trial/">Hungary court grants house arrest to anti-fascist protestor Ilaria Salis as she awaits trial</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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<title>US removes Cuba from list of countries not fully cooperating against terrorism</title>
<link>https://www.jurist.org/news/2024/05/us-removes-cuba-from-the-list-of-countries-not-fully-cooperating-against-terrorism/</link>
<dc:creator><![CDATA[Nolan Zhu | Northwestern Pritzker School of Law, US/CN]]></dc:creator>
<pubDate>Fri, 17 May 2024 15:12:11 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<category><![CDATA[Cuba]]></category>
<category><![CDATA[Domestic]]></category>
<category><![CDATA[International]]></category>
<category><![CDATA[ROL- political violence]]></category>
<category><![CDATA[sanctions]]></category>
<category><![CDATA[us]]></category>
<guid isPermaLink="false">https://www.jurist.org/news/?p=244428</guid>
<description><![CDATA[The US removed Cuba the list of countries not fully cooperating against terrorism, also known as the Not Fully Cooperating Countries (NFCC) list, State Department Principal Deputy Spokesperson Vedant Patel confirmed on Wednesday. Patel said that the circumstances leading to Cuba’s designation as an NFCC have changed since 2022. The NFCC list is part of […]
The post <a href="https://www.jurist.org/news/2024/05/us-removes-cuba-from-the-list-of-countries-not-fully-cooperating-against-terrorism/">US removes Cuba from list of countries not fully cooperating against terrorism</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
]]></description>
<content:encoded><![CDATA[The US removed Cuba the list of countries not fully cooperating against terrorism, also known as the Not Fully Cooperating Countries (NFCC) list, State Department Principal Deputy Spokesperson Vedant Patel <a href="https://www.state.gov/?post_type=state_briefing&%3Bp=92333#post-560250-CUBA">confirmed</a> on Wednesday. Patel said that the circumstances leading to Cuba’s designation as an NFCC have changed since 2022.
The NFCC list is part of the State Department’s <a href="https://www.state.gov/country-reports-on-terrorism-2/">annual assessment</a> of international cooperation in counterterrorism efforts, and countries on this list may face restrictions on certain types of aid and exports of defense-related goods and services.
Cuba was <a href="https://2017-2021.state.gov/countries-certified-as-not-cooperating-fully-with-u-s-counterterrorism-efforts/">initially placed</a> on the NFCC list in 2020 due to its refusal to collaborate with Colombia on extradition requests related to members of the <a href="https://www.dni.gov/nctc/ftos/eln_fto.html">National Liberation Army</a> (Spanish: Ejército de Liberación Nacional, ELN), a designated terrorist organization. The Cuban government did not formally respond to the extradition requests for ELN leaders filed by Colombia after the group claimed responsibility for the <a href="https://www.state.gov/reports/country-reports-on-terrorism-2021/">2019 bombing</a> of a Bogotá police academy that killed 22 people and injured 87 others.
However, the State Department’s decision to remove Cuba from the list acknowledges the changed circumstances, particularly the <a href="https://www.state.gov/united-states-and-cuba-resume-law-enforcement-dialogue/">resumption</a> of law enforcement cooperation between the US and Cuba in 2023, including on counterterrorism issues. Additionally, Colombia’s <a href="https://www.jurist.org/news/2024/04/colombia-government-suspends-arrest-warrants-against-members-of-illegal-armed-group/">suspension</a> of arrest warrants against the individuals in question in August 2022 rendered Cuba’s previous refusal to engage in extradition requests no longer relevant.
Despite this development, Cuba remains on the separate US list of <a href="https://www.state.gov/state-sponsors-of-terrorism/#:~:text=Currently%20there%20are%20four%20countries,)%2C%20Iran%2C%20and%20Syria.&text=For%20more%20details%20about%20State,in%20Country%20Reports%20on%20Terrorism.">State Sponsors of Terrorism (SST)</a>. Cuba was previously <a href="https://www.state.gov/reports/country-reports-on-terrorism-2022/">designated</a> as an SST in 1982 because of its long history of providing advice, safe haven, communications, training, and financial support to guerrilla groups and individual terrorists. The designation was rescinded in 2015 after a thorough review found that the country met the statutory criteria for rescission. However, in 2021, the Secretary of State determined that Cuba had repeatedly provided support for acts of international terrorism in the six years since its designation had been rescinded, citing the country’s refusal to extradite ELN leaders and its continued harboring of several US fugitives wanted on charges related to political violence.
Patel explained that the NFCC list and the SST list are distinct, as the SST list includes countries determined by the Secretary of State to have repeatedly provided support for acts of international terrorism. Removal from the NFCC list does not automatically trigger a review of Cuba’s status as a state sponsor of terrorism.
Notably, compared to the NFCC list, the SST designation carries more severe implications, including broader economic sanctions and restrictions on foreign assistance.
Currently, the countries on the NFCC list are North Korea, Iran, Syria, and Venezuela, while the countries on the SST list are Cuba, North Korea, Iran, and Syria.
Cuban Foreign Minister Bruno Rodríguez <a href="https://twitter.com/BrunoRguezP/status/1790892384345031094">welcomed</a> the removal from the list but urged the US to take further steps toward fully normalizing relations, saying, “The U.S. has just admitted what is known to everyone: #Cuba fully collaborates with the efforts against terrorism.” He added, “Any political manipulation of this issue must cease. Cuba’s arbitrary and unjust inclusion in the list of States sponsors of terrorism must end.”
The post <a href="https://www.jurist.org/news/2024/05/us-removes-cuba-from-the-list-of-countries-not-fully-cooperating-against-terrorism/">US removes Cuba from list of countries not fully cooperating against terrorism</a> appeared first on <a href="https://www.jurist.org/news">JURIST - News</a>.
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