|
|
|
EU court says Poland's Supreme Court reforms unlawful
Legal PR |
2019/06/22 00:52
|
The European Union's top court ruled Monday that a Polish law that pushed Supreme Court judges into early retirement violates EU law, a setback for Poland's right-wing government but a move welcomed by critics who worried the measure would cause a serious erosion of democratic standards.
In its ruling, the European Court of Justice said the measures breach judicial independence. An interim decision from the Luxembourg-based court in November ordered the Polish government to reinstate judges who were forced to retire early and to amend the law to remove the provisions that took about one-third of the court off the bench.
The court said the law "undermines the principle of the irremovability of judges, that principle being essential to their independence."
There was no immediate reaction from Poland's government, but the decision is a blow to the ruling authorities, who since winning power in 2015 have increasingly taken control of the judicial system.
The government and president have said they wanted to force the early retirement of the Supreme Court judges as part of a larger effort to purge communist-era judges.
But legal experts say that argument holds no water because most communist-era judges are long gone from the judicial system 30 years after the fall of communism. Many critics believe the true aim is to destroy the independence of the Polish judiciary.
The biggest fear is that the judiciary could become so politicized that those not favored by the ruling authorities could be unfairly charged with crimes and sentenced, essentially deprived of fair hearings. Though a separate court, the Constitutional Tribunal, and other bodies are already under the ruling party's control, many judges have continued to show independence, ruling against the authorities, even the justice minister, in recent cases. |
|
|
|
|
|
|
Brazil's supreme court votes to make homophobia a crime
Legal PR |
2019/06/14 16:28
|
Brazil's supreme court officially made homophobia and transphobia crimes similar to racism on Thursday, with the final justices casting their votes in a ruling that comes amid fears the country's far-right administration is seeking to roll back LGBT social gains.
Six of the Supreme Federal Tribunal's 11 judges had already voted in favor of the measure in late May, giving the ruling a majority. The final justices voted Thursday for a tally of eight votes for and three against.
Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBT discrimination.
The court's judges have said the ruling was to address an omission that had left the LGBT community legally unprotected.
"In a discriminatory society like the one we live in, the homosexual is different and the transsexual is different. Every preconception is violence, but some impose more suffering than others," said justice Carmen Lucia.
Justice Ricardo Lewandowski, one of the judges who voted against the measure, recognized the lack of congressional legislation on the issue but said he voted against putting homophobia inside the framework of the racism legislation because only the legislature has the power to create "types of crimes" and set punishments.
|
|
|
|
|
|
|
Russian court extends arrest for American accused of spying
Legal PR |
2019/05/24 21:54
|
A Russian court on Friday extended the arrest for a former U.S. Marine charged with espionage, who complained in court about abuse in custody.
Paul Whelan was arrested at the end of December in a hotel room in the Russian capital of Moscow where he was attending a wedding. He was charged with espionage, which carries up to 20 years in prison in Russia.
Whelan denies the charges of spying for the U.S. that his lawyers said stem from a sting operation. Whelan’s lawyer has said his client was handed a flash drive that had classified information on it that he didn’t know about.
The court ruled Friday to keep the Michigan resident, who also holds British, Irish and Canadian citizenship, behind bars for three more months.
Whelan told reporters in court that he has been threatened and subjected to “abuses and harassment” in prison.
“I haven’t had a shower in two weeks. I can’t use a barber, I have to cut my own hair,” a visibly agitated Whelan said from the defendant’s dock. “This is typical prisoner of war isolation technique. They’re trying to run me down so that I will talk to them.”
Andrea Kalan, a spokeswoman for the U.S. Embassy in Moscow, said Friday that they are disappointed with the ruling, arguing there is “no evidence of any wrongdoing.”
“The mature, civilized course would be to let Paul go home to his elderly parents, who are wondering if they’ll see their son alive again,” Kalan said.
Rights activist Eva Merkachova, who is authorized to visit Moscow prisons, told the RIA Novosti news agency on Friday that the prison administration at the Lefortovo detention center where Whelan is being kept did not let her speak to the American because they were speaking English.
She said she and another activist were told by a prison guard that they can only speak Russian on the premises and that Lefortovo refused to let in a certified translator. |
|
|
|
|
|
|
San Francisco police chief: Journalist ‘crossed the line’
Legal PR |
2019/05/22 04:51
|
The San Francisco police chief said Tuesday that he respects the news media, but a freelance journalist whose home and office were raided by officers had “crossed the line” by joining a conspiracy to steal a confidential report.
Chief William Scott addressed reporters hours after police agreed in court to return property seized from Bryan Carmody in raids aimed at uncovering the source of a leaked police report into the unexpected death of the city’s former elected public defender, Jeff Adachi.
Tensions are high in the case, which has alarmed journalism advocates and put pressure on elected leaders in the politically liberal city to defend the press.
Authorities believe a police department employee was involved and had contact with Carmody.
“We believe that that contact and that interaction went across the line. It went past just doing your job as a journalist,” Scott said.
He added: “This is a big deal to us, as well it should be. It’s a big deal to the public. It’s a big deal to you all.”
Scott said the primary target of the ongoing investigation is the employee, whose identity investigators do not know. He said the secondary focus is on Carmody, who may have been motivated by profit or a desire to tarnish Adachi’s reputation, or both. |
|
|
|
|
|
|
EPA reaffirms glyphosate safe for users as court cases grow
Legal PR |
2019/05/01 21:53
|
The Environmental Protection Agency reaffirmed Tuesday that a popular weed killer is safe for people, as legal claims mount from Americans who blame the herbicide for their cancer.
The EPA’s draft conclusion Tuesday came in a periodic review of glyphosate, the active ingredient in Roundup. The agency found that it posed “no risks of concern” for people exposed to it by any means — on farms, in yards and along roadsides, or as residue left on food crops.
The EPA’s draft findings reaffirmed that glyphosate “is not likely to be carcinogenic to humans.”
Two recent U.S. court verdicts have awarded multimillion-dollar claims to men who blame glyphosate for their lymphoma. Bayer, which acquired Roundup-maker Monsanto last year, advised investors in mid-April that it faced U.S. lawsuits from 13,400 people over alleged exposure to the weed killer.
Bayer spokesmen did not immediately respond Tuesday to an email seeking comment.
Nathan Donley, a scientist at the Center for Biological Diversity environmental group, said the agency is relying on industry-backed studies and ignoring research that points to higher risks of cancer.
In 2015, the International Agency for Research on Cancer, part of the World Health Organization, classified glyphosate as ”probably carcinogenic to humans.” The agency said it relied on “limited” evidence of cancer in people and “sufficient” evidence of cancer in study animals.
The EPA draft review says the agency found potential risk to mammals and birds that feed on leaves treated with glyphosate, and risk to plants. The agency is proposing adding restrictions to cut down on unintended drift of the weed killer, including not authorizing spraying it by air when winds are above 15 mph. |
|
|
|
|
|
|
Law Firm & Attorney Directory |
| Law Firm PR News provides the most current career information of legal professionals and is the top source for law firms and attorneys. |
| Lawyer & Law Firm Directory |
|
|
Law Firm PR News RSS
