judiciary

After violent attempted coup, Turkish authorities must strengthen, not weaken, rule of law and independence of judiciary, says ODIHR Director Link

WARSAW, 21 July 2016 - Michael Georg Link, Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), today underlined that the principles of rule of law, democracy and respect for human rights need to be upheld in Turkey, following the attempted coup.

“Any attempt to overthrow democratically elected leaders is unacceptable and is to be condemned. In responding to these unconstitutional events, however, all actions by the Turkish authorities must not exceed the legal framework of the Turkish Constitution and Turkey's international human right commitments,” said Director Link. “In investigating these events and holding responsible those who have attempted the coup, the authorities must ensure that human rights standards, due process, fair trial rights and respect for the independence of the judiciary are respected. Talk by authorities of a possible reintroduction of the death penalty and the summary firing of thousands of judges are clearly crossing the line of existing legal standards."

The ODIHR Director’s statement follows reports that thousands of judges and prosecutors across the country were detained, arrested or dismissed from their positions immediately after the failed coup attempt.

“These actions raise serious concerns regarding the Turkish authorities' respect for the rule of law and the independence of the judiciary. Also the newly announced three-month state of emergency cannot legitimize disproportional measures, such as, among many others, the recently announced work-travel ban on academics,” Director Link said.

At the OSCE summit in Istanbul in 1999, OSCE participating States agreed to promote the development of independent judicial systems. This principle is further stressed in other OSCE commitments that call upon participating States to respect judges’ freedom of expression and association, guaranteed tenure and appropriate conditions of service, and the discipline, suspension and removal of judges according to law.

“ODIHR is ready to offer any assistance to Turkey in this challenging moment. Putting those who attempted the violent coup on trial is crucial,” said Director Link. “ODIHR is available to monitor these trials, in line with its existing and proven methodology. A Turkish invitation to the OSCE to monitor these trials would demonstrate Turkey's compliance with international standards, even in times of a state of emergency.”

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PA House Judiciary Committee Passes Human Trafficking bills

The PA House Judiciary Committee on Tuesday passed 8 bills designed to combat human trafficking. Here are highlights as we shared them on Twitter. The PCC has long supported such legislation. PA House Judiciary Committee this morning passed 8 bills with strong bipartisan support that are designed to fight the crime of human trafficking. The PCC has long supported such measures. We talked with committee Chair Rep. Rob Kauffman after the vote. @PAHouseGOP @PaHouseDems pic.twitter.com/FF7POQKYL4 — PAcatholic (@PAcatholic) April 20, 2021 A package of 8 bills was passed this morning by the PA House Judiciary Committee to combat human trafficking in PA. The package included HB 246 by Rep. Natalie Mihalek. She talked about the bill prior to the vote. @PAHouseGOP @RepMihalek pic.twitter.com/VYPJc2NSpR — PAcatholic (@PAcatholic) April 20, 2021 Rep. Meghan Schroeder explains her bill on human trafficking, HB 580, to the PA House Judiciary Committee. The bill passed this morning and we hope it will soon be considered by the full House. The PCC supports these human trafficking bills. @PAHouseGOP pic.twitter.com/SRD61DojSF — PAcatholic (@PAcatholic) April 20, 2021 Rep. Craig Williams is the prime sponsor of HB 1130, a measure designed to fight human trafficking that passed the PA House Judiciary Committee this morning. Williams talked about his bill and about his background. @PAHouseGOP pic.twitter.com/3T3xPPG1CX — PAcatholic (@PAcatholic) April 20, 2021 PCC has long supported legislation to fight human trafficking. That has carried over into the package of bills that was passed today out of committee dealing with that crime. Here, Rep. Marci Mustello, sponsor of HB 231, addresses House Judiciary Comm. @PAHouseGOP @Marci4PA11 pic.twitter.com/7tbM8o6Iwy — PAcatholic (@PAcatholic) April 20, 2021 Rep. Barry Jozwiak addresses the PA House Judiciary Committee prior to the vote on his human trafficking bill, HB 753. The bill was passed along with 7 other bills designed to combat human trafficking. The PCC has long supported such legislation. @PAHouseGOP pic.twitter.com/AWJWRL8Vmk — PAcatholic (@PAcatholic) April 20, 2021          




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A Maltese priest’s distorted view of the judiciary's role in society

In yesterdays The Times a Maltese priest, Mgr. Anton Gaucia, complains once more that a High Court in London a few weeks ago gave a sentence ruling that “the Catholic Church can be held liable for the wrongdoings of its priests”. Mgr. Gaucia have earlier, January 8 in Sunday Times, made the same complaint. Now Mgr. Gaucia also complains over the fact that a Mr. Justice in London has ruled that “the saying of prayers as part of the formal meeting of a council is not lawful”, adding that “there is no statutory power permitting the practice to continue”.
First things first; of course the Church shall be liable for what its employees/priests do in Alphain their capacity as priests. The children in these cases were in the care of a Catholic institution. I wonder what Mgr. Gaucia would say about if a municipal employee at a daycare sexually molest a child that the child’s parents left in its care. Of course, the municipality would be responsible for its negligence and for its failure to protect a child. The same goes of course for the Church. Mgr. Gaucia may of course, probably not being a father himself in the more down to earth sense, not understand what damage the Church and its priests done to these children. The people The Observer talked to in this matter in Malta all agree with The Observer and I think it would be wise of the Church to listen to the people in this.
Second; it might soon be time for priests like Mgr. Gauci and his colleagues to realize what century they live in. The time when Catholics ruled southern Europe is gone forever. There are Muslims, Hindus, Jews and many other people of different beliefs that have and are going to have positions in the society among which, of course, also positions in a council. Does Mgr. Gauci really mean that these people must attend Catholic or Protestant prayers? Or shall they leave when such prayer is to be said? Another possibility would of course be to have, say ten, different rooms where people of different beliefs could pray in accordance with such belief before the council meeting. Mgr Gauci, please grow up and realize what reality you live in.





judiciary

How Serving And Retired Nigerian Judges Illegally Inserted Names Of Their Children, Relatives In List Of Judges To Be Appointed Into Judiciary

A document seen by SaharaReporters has exposed how serving and retired Nigerian judges are illegally preparing ways for their children and relatives to take over the country’s judicial system in future.

According to the document put together by Open Bar Initiative, out of the 33 names recently recommended to President Muhammadu Buhari by the National Judiciary Council for appointment as judges in the Federal Capital Territory High Court, only 11 met the criteria set out in the employment guideline of the council.

The NJC had on April 26, 2020 approved the appointment of 33 judges for the FCT High Court.

SaharaReporters gathered that 22 out of the 33 candidates presented to President Buhari made the list only because they were related to serving senior members of the judiciary or close aides and members of the NJC. 

Also, states that already have judges in the FCT High Court were reconsidered and given slots while no one was considered qualified for appointment in Ebonyi, a state that has no existing judge.

Section 255 of the constitution of the Federal Republic of Nigeria, 1999 (as amended), pegged qualification for becoming a judge in the High Court of the FCT to a minimum of 10 years qualification as a legal practitioner. 

Also Rule 4 of the NJC appointment of judges’ procedure, indicated only four classes of lawyers, who are qualified to apply and be recommended to be appointed as judges of a high court.

These are legal practitioners in private practice, legal practitioners in public service, who are legal officers, chief registrar of a court, and chief magistrates.

Those listed in the document seen by SaharaReporters among the 33 nominees to be considered as judges by President Buhari but, who are not qualified include Njideka K. Nwosu-Iheme, a Grade 1 Magistrate, who is the daughter of Justice Mary Odili of the Supreme Court and daughter-in-law to Justice Nwosu-Iheme of the Court of Appeal, Agashieze Cyprian Odinaka, a Deputy Director at FCTA whose sister is the Presiding Justice, Court of Appeal in Akure, Ondo State, Fatima Abubakar Aliyu, a judiciary worker, who is the daughter of immediate-past President of the Court of Appeal, Justice Bulkachuwa, Kanyip Rosemary Indinya, a senior magistrate at FCT and wife of the President of the National Industrial Court and sister of a member of the National Judicial Council.

Others are Mimi Anne Katsina Alu-Apena, a senior magistrate and daughter of late Kastina Alu, former Chief Justice of Nigeria, Enenche Eleojo, Assistant Director at FCT High Court and Personal Assistant to the Chief Judge, FCT High Court, Madugu Mohammed Alhaji, Josephine Obanor Enobie, Kayode Agunloye, Nwabulu Ngozika Chineze and Abubakar Babashani, who are senior staff of the FCT High Court but have not attained the rank of chief registrar as stipulated by the constitution.

The list also includes one one Aliyu Halilu Ahmed, a Deputy Chief Registrar from Adamawa State judiciary, who has not attained the rank of a chief registrar.

The rest are Aminu Muhammad Abdullahi, Nwecheonwu Chinyere Elewe, Ibrahim Mohammed, Sadia Mu’azu Mayana, Aliyu Yunusa Shafa, Mohammed Zubairu, Binta Dogonyaro, Christopher Opeyemi Oba and Hafsat Lawan Abba-Aliyu, all magistrates from the FCT judiciary, who are not up to the rank of a chief magistrate as stipulated in Rule 4 of the NJC appointment of judges procedure.

SaharaReporters also gathered that one Olufola Olufolashade Oshin did not participate in the processes leading up to selection, interview or obtaining recommendation from a Chief Judge of a state but her name was inserted into the final list transmitted to President Buhari at the instigation of some senior judicial officers believed to be top members of the Supreme Court.

Reacting to the development, Open Bar Initiative said, “The suggestion that judicial service in Nigeria is an inheritance transmitted from parents to children is not supported by the constitution or any other instrument under Nigerian law. 

“This is an abuse of the constitution by those who must nominate judges for appointment.”

Co-convener of Open Bar Initiative and former Chairman of the National Human Rights Commission in Nigeria, Prof Chidi Odinkalu, while reacting to the situation, said, “These are not just unqualified nominees, they are bad nominees because only bad people will want to become judges through smuggling. They will make bad judges, we should resist them and their sponsors.”

Voicing his displeasure on Twitter, a user with the handle @AbdulMahmud01, said, “Have you seen the list of newly appointed FCT judges approved by NJC? It is a parade of children of former CJN, retired Supreme Court justices and judges. NJC is simply put: a corrupt council of corrupt interests.”

Another user, @KennyAdazie, while sharing her thoughts on the issue, said, “The only people that can take back Nigeria are the youth. 

“If we don’t come out to stop this madness, the charade will continue. When they strategically place their own, they pave way for #impunities and come 2023, there is nothing you can do! The reason our legal system is in ruins.”

Legal Politics Scandal News AddThis :  Original Author :  Saharareporters, New York Disable advertisements : 




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