prosecutor

OSCE Mission to Montenegro supports seminar on strengthening co-operation between prosecutors and police on forensic evidence

Application of modern forensic standards in the judiciary with a particular focus on treatment of evidence, forensic analytics and quality control, as well as DNA analysis and crime scene investigation were the focus of an OSCE-supported seminar on 3 June 2016 in Danilovgrad, Montenegro.

The OSCE Mission to Montenegro organized the event together with the Judicial Training Centre (JTC) and the Forensic Centre (FC) of the Interior Ministry’s Police Directorate. 

Three eminent national forensic experts held lectures for 20 representatives of prosecutor’s offices and the judiciary on how to increase the efficiency of prosecutor-led investigations through the well-prepared execution of warrants for evidence. Particular emphasis was placed on the enhancement of direct communication between the forensic services of the police and prosecutors at the very beginning of an investigation.

The Director of the FC, Zoran Tomčić, underlined the necessity of improving the system of search warrants prepared by prosecutors: “The number of warrants for forensic evidence has to be reduced and prepared more effectively. In May of this year alone, the FC received 200 warrants for DNA analysis, requesting results within a disproportionate time. In some cases, warrants are not sufficiently detailed, so that the results provided by forensic expertise do not stand up as evidence at the court.”

Maša Adžić, Head of the Training Unit in the JTC, said: “Good co-operation in a criminal investigation, communication between police, prosecutors and judges and their timely and professional performance are of crucial importance for a positive outcome.”

Participants emphasized the need for continued training in the field of forensic evidence as well as an expansion of the content of lectures on DNA expertise to cover such topics as sampling, types of biological evidence, writing orders for expert DNA analysis and interpretation of results. They also requested the organization of a seminar on forensic expertise regarding explosions and fire.

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OSCE Centre in Bishkek trains defence lawyers and prosecutors on right to liberty and freedom from arbitrary arrest or detention

BISHKEK, 28 July 2016 – A two-day training conducted by the OSCE Centre in Bishkek for 14 defence lawyers and 12 officers from the Prosecutor’s office on the right to liberty and freedom from arbitrary arrest or detention, ended today in the Kyrgyz capital.

The workshop focused on the international framework for measures of restraint, as well as the internationally recognized constitutional right to institute proceedings in cases of violations.

The detention of minors, persons with disabilities, women with children, or defendants in need of continued medical treatment and hospitalization were among the topics discussed, and participants learned more about their specific concerns to ensure that the restraint measures taken comply with human rights standards.

“The right to liberty is a basic fundamental right, protected by international human rights law and enshrined in the Kyrgyz Constitution,” said Anete Erdmane, acting Senior Human Dimension Officer at the OSCE Centre. “To ensure that restrictions on liberty are applied in compliance with the law and that other human rights are not violated as a result of the deprivation of liberty, it is important that prosecutors and lawyers are aware of the relevant standards and obligations. In line with its mandate, the OSCE Centre works to improve the administration of justice and strengthen the rule of law in Kyrgyzstan.”

The course was delivered by Ulugbek Azimov, a well-known national expert in the field, while  Sergey Poduzov, an international human rights law expert from Russia, also led a training session.

The training course is part of the OSCE Centre’s project on promoting a comprehensive approach to the rule of law, administration of justice, prevention of torture, and capacity building. 




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OSCE/ODIHR and OHCHR train prosecutors and lawyers in Kyrgyzstan on international standards regarding freedom of religion or belief

International standards and the national legal framework on freedom of religion or belief were the focus of two consecutive training events organized jointly by the OSCE Office for Democratic Institution and Human Rights (ODIHR) and the Regional Office for Central Asia (ROCA) of the UN High Commissioner for Human Rights (OHCHR) from 25 to 28 July 2016 in Bishkek.

The training for 25 prosecutors and 31 defence lawyers from all regions of Kyrgyzstan was provided in close co-operation with the Training Centre for Prosecutors under the General Prosecutor’s Office of the Kyrgyz Republic and the Training Centre for Lawyers. The course covered a wide variety of topics directly relevant to the work of the participants, including recent developments in Kyrgyzstan.

Drawing on the guidance of national and international experts, participants discussed the nature of the right to freedom of religion or belief, its interrelatedness with other human rights and fundamental freedoms, the nature, extent and impact of violations of freedom of religion or belief, and the duties of the state to respect, protect and fulfil this universal human right. Participants also took part in mock trials on cases involving interference with freedom of religion or belief, such as through the banning of religious clothing and discrimination against religious organizations. 

“In using topical case studies, the participants were able to apply the knowledge they had acquired in a practical ‘courtroom’ environment and improve their legal skills in analysing freedom of religion or belief cases and advancing cogent and structured arguments,” said Mark Hill, one of the participating international experts and a senior barrister from the United Kingdom.

Dilnoza Satarova, Associate Officer on Freedom of Religion or Belief at ODIHR, said: “ODIHR welcomes co-operation with the Training Centre for Prosecutors of Kyrgyzstan and the Training Centre for Lawyers in organizing this course. Such capacity-building activities are key to advancing freedom of religion or belief for all, and ODIHR stands ready to support similar initiatives in Kyrgyzstan in the future.”

The two events are part of a series of training events for lawyers, prosecutors and judges on a variety of human rights-related issues conducted as part of the OHCHR project “Peace and Reconciliation through strengthening the rule of law and protection of human rights”, which is funded by the Peacebuilding Fund. 

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OSCE/ODIHR Director Link criticizes call for reintroduction of death penalty by Tajikistan’s Prosecutor General

WARSAW, 6 August 2016 – Michael Georg Link, Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), today criticized the call by the Prosecutor General of Tajikistan for the reintroduction of the death penalty, and expressed concern over recent discussions related to removing the bans on capital punishment in some other OSCE participating States.

“Countries in the OSCE have committed themselves to consider the complete abolition of capital punishment, not to reconsider that abolition,” the ODIHR Director said. “Yesterday’s call by the Prosecutor General in Tajikistan for the reintroduction of capital punishment in that country is completely out of place in a region where most of the countries recognize the inherently cruel, inhuman and degrading nature of a punishment that fails to act as a deterrent and makes any miscarriage of justice irreversible.”

Tajikistan’s Prosecutor-General, Yusuf Rahmon, told a press conference yesterday that perpetrators of premeditated murder, terrorists and traitors must be punished by death. His words followed similar statements by other leaders, among them President Recep Tayyip Erdogan of Turkey and President Viktor Orban of Hungary, suggesting that the reinstitution of the death penalty should be opened for discussion.

Tajikistan suspended the application of the death penalty in 2004, while Turkey and Hungary completely abolished capital punishment, in 2004 and 1990, respectively.

“Rather than reversing its course, it is my hope that Tajikistan will take further steps toward the complete abolition of the death penalty,” he said. “It is also my hope that Turkey, remains with the vast majority of the OSCE participating States and will continue to  act as a strong advocate for the global abolition, as it has in recent years.”

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OSCE Mission to Serbia and ODIHR launch joint Report on peer elections for High Judicial Council and State Prosecutors’ Council

Serbia’s legal framework for governing elections to the High Judicial Council and the State Prosecutors’ Council is fairly comprehensive although there are a few minor issues with implementing the laws and regulations, partly as a result of gaps in the law. This is the conclusion of a joint Report launched on 24 May 2016 by the OSCE Mission to Serbia and the OSCE Office for Democratic Institutions and Human Rights (ODIHR).

The OSCE Mission and ODIHR followed the elections of judges and prosecutors to the High Judicial Council and the State Prosecutors’ Council throughout Serbia in December 2015, in partnership with the Lawyers’ Committee for Human Rights (YUCOM), a local civil society organization. The election processes were conducted without any major irregularities observed.

The Report makes a number of recommendations, largely similar for both the judicial and prosecutorial councils, including amending and further developing the legal framework regarding the election process for the judicial and prosecutors’ councils, the candidates’ nomination process, and procedures for resolving disputes and providing effective remedies.

The findings and recommendations resulting from the election monitoring will help inform the public about the ongoing judicial reform process in Serbia. The relevant state institutions and justice stakeholders will also have an objective assessment to assist them in further strengthening the independence, accountability and efficiency of the Serbian judiciary.

The Report is available at: https://www.osce.org/odihr/242346

The OSCE Mission to Serbia and ODIHR stand ready to continue supporting the legal reform efforts of the Serbian authorities in line with the recommendations of this report and OSCE commitments.

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OSCE/ODIHR Director Link criticizes call for reintroduction of death penalty by Tajikistan’s Prosecutor General

WARSAW, 6 August 2016 – Michael Georg Link, Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), today criticized the call by the Prosecutor General of Tajikistan for the reintroduction of the death penalty, and expressed concern over recent discussions related to removing the bans on capital punishment in some other OSCE participating States.

“Countries in the OSCE have committed themselves to consider the complete abolition of capital punishment, not to reconsider that abolition,” the ODIHR Director said. “Yesterday’s call by the Prosecutor General in Tajikistan for the reintroduction of capital punishment in that country is completely out of place in a region where most of the countries recognize the inherently cruel, inhuman and degrading nature of a punishment that fails to act as a deterrent and makes any miscarriage of justice irreversible.”

Tajikistan’s Prosecutor-General, Yusuf Rahmon, told a press conference yesterday that perpetrators of premeditated murder, terrorists and traitors must be punished by death. His words followed similar statements by other leaders, among them President Recep Tayyip Erdogan of Turkey and President Viktor Orban of Hungary, suggesting that the reinstitution of the death penalty should be opened for discussion.

Tajikistan suspended the application of the death penalty in 2004, while Turkey and Hungary completely abolished capital punishment, in 2004 and 1990, respectively.

“Rather than reversing its course, it is my hope that Tajikistan will take further steps toward the complete abolition of the death penalty,” he said. “It is also my hope that Turkey, remains with the vast majority of the OSCE participating States and will continue to  act as a strong advocate for the global abolition, as it has in recent years.”

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French prosecutors demand Marine Le Pen be barred from office in fake jobs trial

If granted by the court, the ban would exclude the leader of National Rally from running in France's 2027 presidential election.




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As Trump Gets 2nd Term, Options Run Out For Prosecutor Who Charged Him

Two years ago, Jack Smith was appointed as an independent special counsel by Attorney General Merrick Garland and was responsible for overseeing two preexisting Justice Department criminal investigations into former president Trump, three days after




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Prosecutor seeks 5-year ban from office against French far right leader Le Pen

The Paris prosecutor on Wednesday requested a five-year prison sentence and a five-year ban from public office against far-right leader Marine Le Pen, at a trial where she and 24 others are accused of embezzling European Union funds. The trial, which comes almost a decade after initial investigations started, threatens to undermine her party’s efforts […]




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Prosecutor seeks jail and election ban for Le Pen

Marine Le Pen would be banned from standing for president again at the next election if convicted.




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Bob Menendez trial jurors were given evidence that judge had excluded, prosecutors say

Some evidence that a federal judge had excluded from the bribery trial of former New Jersey Sen. Bob Menendez was inadvertently put on a computer given to jurors, federal prosecutors revealed Wednesday, though they insisted it should have no effect on the Democrat's conviction.




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Trump transition attorney to 'resistance' DOJ prosecutors: Get out now

The incoming Trump administration has a message for left-leaning Justice Department employees hoping to block or interfere with the new president's agenda: Get out.




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Prosecutors seek 9.5 years for US basketball player Griner

The prosecutor on Thursday requested 9.5 years in prison for American basketball player Brittney Griner, accused of smuggling hash oil, RIA Novosti correspondent reports from the Khimki courtroom. “By partial addition, I finally ask you to appoint nine years and six months in prison with a sentence to be served in a general regime colony with a fine of one million rubles,” the state prosecutor said in his speech. Griner pleaded guilty in court, but stressed that she had no intent to commit a crime, and she "collected the bag in a hurry." During the consideration of the case, it became known that a doctor from the state of Arizona prescribed marijuana to her instead of traditional painkillers due to the side effects of the latter.




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Prosecutors Seek Four-Year Sentence for Footballer Who Admitted Secretly Filming Sex Acts

[Sports] :
Prosecutors are seeking a four-year prison term for football forward Hwang Ui-jo, who has admitted to filming sexual encounters without his partners’ consent. The 32-year-old footballer, who plays for the Turkish Süper Lig club Alanyaspor, entered the guilty plea Wednesday at the Seoul Central District ...

[more...]




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Prosecutors Get Their 1st Guilty Plea In The Jan. 6 Oath Keepers Conspiracy Case

Ryan Lucas | NPR

Updated June 23, 2021 at 6:56 PM ET

Federal prosecutors secured their first guilty plea Wednesday in the Justice Department's sprawling conspiracy case involving the Oath Keepers extremist group in connection with the Jan. 6 attack on the U.S. Capitol.

At a hearing in federal court in Washington, D.C., Graydon Young pleaded guilty to one count of conspiracy and one count of obstruction of an official proceeding. The 55-year-old Florida resident agreed to cooperate with investigators, which could prove critical as the government pursues the remaining defendants in the high-profile case.

Young is one of 16 people associated with the Oath Keepers to be charged with conspiracy, obstruction and other offenses over the Capitol riot. Prosecutors say the defendants coordinated their efforts and actions to try to disrupt Congress' certification of the Electoral College count on Jan. 6.

More than 500 people have been charged so far in connection with the Capitol breach, but the Oath Keepers conspiracy case is one of the most closely watched because of the allegations and the link to an extremist organization.

Young is the second defendant linked to the Oath Keepers to plead guilty. Jon Schaffer pleaded guilty to obstructing an official proceeding and entering restricted grounds with a dangerous weapon in April.

According to Young's statement of offense, he coordinated with his co-conspirators ahead of Jan. 6 and used encrypted messaging apps to maintain "operational security."

On the day itself, the document says, Young and some of his co-conspirators pushed through U.S. Capitol Police lines guarding the Capitol and into the building.

"Mr. Young believed that he and the co-conspirators were trying to obstruct, influence, and impede an official proceeding, that is, a proceeding before Congress, specifically, Congress's certification of the Electoral College vote," the document says.

At Wednesday's hearing, Judge Amit Mehta read that passage to Young to ensure that it was accurate.

"Yes, sir," Young replied, "that is correct."

According to the plea deal, Young has agreed to cooperate fully with prosecutors, including sitting for interviews with investigators and testifying before the grand jury and at trial.

The government, meanwhile, has agreed to dismiss the remaining charges against him. Even so, Mehta said Young is facing a possible prison sentence of 5 to 6 1/2 years under the sentencing guidelines.

Wednesday brought another significant development in the Capitol investigation.

Anna Morgan-Lloyd, a 49-year-old from Indiana who described Jan. 6 as the "best day ever," became the first Capitol riot defendant to be sentenced.

Morgan-Lloyd was not accused of taking part in any of the violence at the Capitol. She pleaded guilty to a single misdemeanor count of "parading, demonstrating, or picketing in a Capitol building."

Judge Royce Lamberth sentenced her to three years of probation and no jail time.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




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Spanish prosecutors investigate Meta over data use for AI

Spanish prosecutors said Thursday that they were investigating Facebook owner Meta over suspicions it breached data-protection laws by using users' data to train its AI programme. It added that prosecutors were seeking to protect users' "personal data" and would consult the Spanish data-protection authority about possible measures. du/mb/rlp/js




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Can peace and justice co-exist? “International Criminal Law at the Crossroads” with James Stewart, Deputy Prosecutor of the International Criminal Court and Richard Dicker, Director of International Justice for Human Rights Watch

TORONTO, ON — Media are invited to attend “International Criminal Law at the Crossroads,” an intimate conversation with Canadian James Stewart, Deputy Prosecutor of the International Criminal Court, together with Richard Dicker, Director of International Justice for Human Rights Watch. More than 10 years after the ICC began hearing cases, two of the world’s most prominent […]




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OSCE/ODIHR and OHCHR train prosecutors and lawyers in Kyrgyzstan on international standards regarding freedom of religion or belief

International standards and the national legal framework on freedom of religion or belief were the focus of two consecutive training events organized jointly by the OSCE Office for Democratic Institution and Human Rights (ODIHR) and the Regional Office for Central Asia (ROCA) of the UN High Commissioner for Human Rights (OHCHR) from 25 to 28 July 2016 in Bishkek.

The training for 25 prosecutors and 31 defence lawyers from all regions of Kyrgyzstan was provided in close co-operation with the Training Centre for Prosecutors under the General Prosecutor’s Office of the Kyrgyz Republic and the Training Centre for Lawyers. The course covered a wide variety of topics directly relevant to the work of the participants, including recent developments in Kyrgyzstan.

Drawing on the guidance of national and international experts, participants discussed the nature of the right to freedom of religion or belief, its interrelatedness with other human rights and fundamental freedoms, the nature, extent and impact of violations of freedom of religion or belief, and the duties of the state to respect, protect and fulfil this universal human right. Participants also took part in mock trials on cases involving interference with freedom of religion or belief, such as through the banning of religious clothing and discrimination against religious organizations. 

“In using topical case studies, the participants were able to apply the knowledge they had acquired in a practical ‘courtroom’ environment and improve their legal skills in analysing freedom of religion or belief cases and advancing cogent and structured arguments,” said Mark Hill, one of the participating international experts and a senior barrister from the United Kingdom.

Dilnoza Satarova, Associate Officer on Freedom of Religion or Belief at ODIHR, said: “ODIHR welcomes co-operation with the Training Centre for Prosecutors of Kyrgyzstan and the Training Centre for Lawyers in organizing this course. Such capacity-building activities are key to advancing freedom of religion or belief for all, and ODIHR stands ready to support similar initiatives in Kyrgyzstan in the future.”

The two events are part of a series of training events for lawyers, prosecutors and judges on a variety of human rights-related issues conducted as part of the OHCHR project “Peace and Reconciliation through strengthening the rule of law and protection of human rights”, which is funded by the Peacebuilding Fund. 

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OSCE/ODIHR Director Link criticizes call for reintroduction of death penalty by Tajikistan’s Prosecutor General

WARSAW, 6 August 2016 – Michael Georg Link, Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), today criticized the call by the Prosecutor General of Tajikistan for the reintroduction of the death penalty, and expressed concern over recent discussions related to removing the bans on capital punishment in some other OSCE participating States.

“Countries in the OSCE have committed themselves to consider the complete abolition of capital punishment, not to reconsider that abolition,” the ODIHR Director said. “Yesterday’s call by the Prosecutor General in Tajikistan for the reintroduction of capital punishment in that country is completely out of place in a region where most of the countries recognize the inherently cruel, inhuman and degrading nature of a punishment that fails to act as a deterrent and makes any miscarriage of justice irreversible.”

Tajikistan’s Prosecutor-General, Yusuf Rahmon, told a press conference yesterday that perpetrators of premeditated murder, terrorists and traitors must be punished by death. His words followed similar statements by other leaders, among them President Recep Tayyip Erdogan of Turkey and President Viktor Orban of Hungary, suggesting that the reinstitution of the death penalty should be opened for discussion.

Tajikistan suspended the application of the death penalty in 2004, while Turkey and Hungary completely abolished capital punishment, in 2004 and 1990, respectively.

“Rather than reversing its course, it is my hope that Tajikistan will take further steps toward the complete abolition of the death penalty,” he said. “It is also my hope that Turkey, remains with the vast majority of the OSCE participating States and will continue to  act as a strong advocate for the global abolition, as it has in recent years.”

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OSCE Centre supports the 3rd training for prosecutors on effective investigation of cases of torture in Kyrgyzstan

Training
Mon, 2016-08-08 (All day) - Tue, 2016-08-09 (All day)
Bishkek, Kyrgyzstan
OSCE Center in Bishkek, Training Centre for Prosecutors under the General Prosecutor’s Office
OSCE Centre in Bishkek, torture prevention, Kyrgyzstan, Bishkek, Prosecutor's Office
OSCE Centre in Bishkek
Central Asia
Human rights

The OSCE Center in Bishkek and the Training Centre for Prosecutors under the General Prosecutor’s Office will conduct a training course for twenty-four public prosecution officers from all provinces of Kyrgyzstan on effective investigation of cases of torture.

The training aims at enhancing theoretical and empirical knowledge of prosecution officers about the specifics of efficient investigation of torture allegations.

The participants will discuss the key challenges arising during investigation of torture allegations and exchange best practices applied within their respective duty stations to address these challenges. 

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OSCE Mission to Serbia and ODIHR launch joint Report on peer elections for High Judicial Council and State Prosecutors’ Council

Serbia’s legal framework for governing elections to the High Judicial Council and the State Prosecutors’ Council is fairly comprehensive although there are a few minor issues with implementing the laws and regulations, partly as a result of gaps in the law. This is the conclusion of a joint Report launched on 24 May 2016 by the OSCE Mission to Serbia and the OSCE Office for Democratic Institutions and Human Rights (ODIHR).

The OSCE Mission and ODIHR followed the elections of judges and prosecutors to the High Judicial Council and the State Prosecutors’ Council throughout Serbia in December 2015, in partnership with the Lawyers’ Committee for Human Rights (YUCOM), a local civil society organization. The election processes were conducted without any major irregularities observed.

The Report makes a number of recommendations, largely similar for both the judicial and prosecutorial councils, including amending and further developing the legal framework regarding the election process for the judicial and prosecutors’ councils, the candidates’ nomination process, and procedures for resolving disputes and providing effective remedies.

The findings and recommendations resulting from the election monitoring will help inform the public about the ongoing judicial reform process in Serbia. The relevant state institutions and justice stakeholders will also have an objective assessment to assist them in further strengthening the independence, accountability and efficiency of the Serbian judiciary.

The Report is available at: https://www.osce.org/odihr/242346

The OSCE Mission to Serbia and ODIHR stand ready to continue supporting the legal reform efforts of the Serbian authorities in line with the recommendations of this report and OSCE commitments.

Related Stories



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OSCE Centre in Bishkek trains defence lawyers and prosecutors on right to liberty and freedom from arbitrary arrest or detention

BISHKEK, 28 July 2016 – A two-day training conducted by the OSCE Centre in Bishkek for 14 defence lawyers and 12 officers from the Prosecutor’s office on the right to liberty and freedom from arbitrary arrest or detention, ended today in the Kyrgyz capital.

The workshop focused on the international framework for measures of restraint, as well as the internationally recognized constitutional right to institute proceedings in cases of violations.

The detention of minors, persons with disabilities, women with children, or defendants in need of continued medical treatment and hospitalization were among the topics discussed, and participants learned more about their specific concerns to ensure that the restraint measures taken comply with human rights standards.

“The right to liberty is a basic fundamental right, protected by international human rights law and enshrined in the Kyrgyz Constitution,” said Anete Erdmane, acting Senior Human Dimension Officer at the OSCE Centre. “To ensure that restrictions on liberty are applied in compliance with the law and that other human rights are not violated as a result of the deprivation of liberty, it is important that prosecutors and lawyers are aware of the relevant standards and obligations. In line with its mandate, the OSCE Centre works to improve the administration of justice and strengthen the rule of law in Kyrgyzstan.”

The course was delivered by Ulugbek Azimov, a well-known national expert in the field, while  Sergey Poduzov, an international human rights law expert from Russia, also led a training session.

The training course is part of the OSCE Centre’s project on promoting a comprehensive approach to the rule of law, administration of justice, prevention of torture, and capacity building. 

Related Stories




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Are Prosecutors Too Cozy With Police? Some DAs Say Campaign Contributions Need To End

The growing calls for systemic reform of American policing follow years of rising anger at the ongoing deaths of African Americans at the hands of law enforcement, including the recent killing of George Floyd. The calls for change run the gamut from severely restricting police use of deadly force, creating a national database of abusive officers and re-directing taxpayer money away from police toward social programs that improve education and tackle crises including homelessness, poverty and mental health care . But one key problem has gotten less attention: the conflict of interest, real and perceived, between prosecutors and police unions. When district attorneys run for the office they get political donations from a range of interests including powerful, well-funded police unions who represent the officers that district attorneys will be called to prosecute in the event of officer brutality, corruption or even murder. "We need to do everything that we can in this moment to avoid not




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News24 | ICC chief prosecutor Karim Khan faces sexual misconduct probe

The governing body of the International Criminal Court on Monday announced an external investigation into alleged misconduct by chief prosecutor Karim Khan, who has denied the allegations.




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BOOM: Trump Prosecutors React To New Post-Election Realities… Here’s Their Plan

Republican primary opponents like Ron DeSantis said that every time they announced another indictment, his poll numbers got better. They should have known better. But they were blinded by hate.

The post BOOM: Trump Prosecutors React To New Post-Election Realities… Here’s Their Plan appeared first on Clash Daily.




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Prosecutors Secure 40 Convictions In NorthPak Gang Trial

The Department of Justice has secured 40 convictions, including multiple murder and attempted murder charges, against two members of the violent Wilmington-area gang NorthPak, Attorney General Kathy Jennings announced Wednesday. “Thanks to an outstanding trial team and tireless investigators, led by the Wilmington Police Department, justice was delivered today,” said Attorney General Jennings. “These verdicts, […]



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Prosecutors Secure Conviction in 2021 Murder Case

A King of Prussia man has been convicted for the 2021 stalking and murder of Nicole Crawford. On March 16, Justin Chaffier, 36, was found guilty of Murder 1st  Degree in addition to a felony Stalking charge. The conviction followed an investigation in which it was confirmed through multiple Ring camera videos, phone records, and DNA testing that […]



  • Department of Justice
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Prosecutors Secure Convictions Against Serial Child Abusers

The Delaware Department of Justice has secured multiple felony convictions against a Kent County couple charged with the serial abuse and torture of their children, Attorney General Kathy Jennings announced Wednesday. “These are the cases that keep us up at night,” said Attorney General Jennings. “The pain that these children endured — and that it […]



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Prosecutors secure conviction against Jordan Ellerbe’s murderer

A Wilmington man has been convicted of the January 2015 murder of 16-year-old Jordan Ellerbe. Oliver “Butter” Henry, 25, has pleaded guilty to Murder 2nd Degree and faces a minimum 15 years in prison.  Ellerbe’s murder ignited a rapidly accelerating feud between two rival gangs, Shoot to Kill and Only My Brothers. In the months and […]



  • Department of Justice Press Releases

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Cold case cracked as prosecutors secure murder plea

A Wilmington man has been convicted in a nearly four-year-long cold case. On May 15, Dashawn Daley, 29, of Wilmington pleaded guilty to Murder 2nd Degree, and Possession of a Firearm During the Commission of a Felony. This conviction follows an investigation into the fatal 2019 shooting of then 29-year-old Hakeem Smalls. “I am grateful […]



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ICC confirms probe into alleged misconduct by war crimes prosecutor

AMSTERDAM — The International Criminal Court's governing body will launch an external probe into its chief prosecutor Karim Khan over alleged sexual misconduct, it said in a statement on Monday, confirming a previous report by Reuters. "An external investigation is ... being pursued in order to ensure a fully independent, impartial and fair process," the statement said, also calling upon all parties to cooperate fully. Khan said in a statement that he would stay on in his key function of overseeing investigations into alleged war crimes, including in the Israel-Gaza conflict, while any issues relevant to the investigation would be handled by deputy prosecutors. Khan has previously denied allegations of misconduct that were reported to the court's governing body last month. At that time, he asked the court's own internal oversight body to investigate them. ICC judges are reviewing Khan's May request for arrest warrants against Israeli Prime Minister Netanyahu, his defense chief and Hamas leaders. Khan said the misconduct allegations aligned with a misinformation campaign against his office. The ICC is a permanent court that can prosecute individuals for war crimes, crimes against humanity, genocide and the crime of aggression in member states or by their nationals.




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Argentine prosecutors charge 3 linked to death of former One Direction star Liam Payne

BUENOS AIRES — Three people have been charged in connection with the death of Liam Payne, a former member of musical group One Direction who died after falling from the balcony of his hotel room in Buenos Aires last month, Argentine prosecutors said Thursday. Prosecutor Andrés Madrea charged the three suspects, whose identities were not revealed, with the crimes of "abandonment of a person followed by death" and "supplying and facilitating the use of narcotics," the prosecutor's office said. Madrea also requested their arrest to judge Laura Bruniard, who ruled the three cannot leave the country. Payne fell from his room's balcony on the third floor of his hotel in the upscale neighborhood of Palermo, in the Argentine capital. His autopsy said he died from multiple injuries and external bleeding. Prosecutors also said that Payne's toxicological exams showed that his body had "traces of alcohol, cocaine and a prescribed antidepressant" in the moments before his death. Investigators said hours after Payne's death that he was by himself when he fell. But the prosecutors' office said Thursday that one of the people charged was often with the singer during his time in Buenos Aires. The second is a hotel staffer who allegedly gave Payne cocaine during his stay between October 13 and 16. And the third is a drug dealer. The charges in Payne's case bear some resemblance to the U.S. cases stemming from the death of Friends star Matthew Perry a year ago. The actor's personal assistant and a longtime friend are among those charged with helping supply him with ketamine in the final months of his life, leading up to his overdose on the anesthetic. Three young men were similarly charged in the opioid-overdose death of rapper Mac Miller in 2018. Local authorities gathered, among other pieces of evidence, Payne's cellphone records, material for forensics and testimonies. They are yet to unlock the singer's personal computer – which is damaged – and other devices that were seized. Payne's autopsy showed his injuries were neither caused by self-harm nor by physical intervention of others. The document also said that he did not have the reflex of protecting himself in the fall, which suggests he might have been unconscious. Prosecutors in Argentina also ruled out the chances of Payne dying by suicide. One Direction was among the most successful boy bands of recent times. It announced an indefinite hiatus in 2016 and Payne — like his former bandmates Zayn Malik, Harry Styles, Niall Horan, and Louis Tomlinson — pursued a solo career. The singer had posted on his Snapchat account that he traveled to Argentina to attend Horan's concert in Buenos Aires on October 2. He shared videos of himself dancing with his girlfriend, American influencer Kate Cassidy, and singing along in the stands. Cassidy had left Argentina after the show, but Payne stayed behind. 




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The Holy Spirit: God’s Prosecutor





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Judge agrees to special prosecutor's request to pause federal case against Trump

A federal judge has agreed to Special Prosecutor Jack Smith's request to pause the election interference case against US President-elect Donald Trump in the first indication that cases against him are crumbling.




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Ukraine's Zelensky fires top security chief and prosecutor

Ukrainian President Volodymyr Zelensky has fired the head of the country’s security service and its prosecutor general, citing hundreds of criminal proceedings into treason and collaboration by people within their departments




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Five-year INDECOM Act inertia - Williams, Golding still want prosecutorial powers for commission; DPP, Chuck, cops not sold on idea

Almost five years ago, lawmakers on a bipartisan committee of Parliament agreed unanimously to amend the law to give the Independent Commission of Investigations (INDECOM) the power to arrest and prosecute cops. That proposed amendment, which was...




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Senate Judiciary Testimony on Immigration Enforcement Priorities and Use of Prosecutorial Discretion

Testimony of Marc Rosenblum before the Senate Judiciary Committee for the December 2, 2015 hearing on priorities for immigration enforcement and the use of prosecutorial discretion. 




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Sweden: National Prosecutor Investigates Workplace Environment Crime After Nurse Dies of COVID-19

(May 4, 2020) On April 29, 2020, the Swedish National Prosecutor announced that it is investigating a workplace environment crime (arbetsmiljöbrott) after a nurse working at Karolinska University Hospital in Stockholm died of COVID-19. The investigation comes following a report by the local safety representative (skyddsombud), who reportedly claimed that the hospital lacked the appropriate […]




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OECD seriously concerned at lack of foreign bribery convictions in France, but recognises recent efforts to ensure independence of prosecutors

France should intensify its efforts to combat the bribery of foreign public officials. Only five convictions – of which one, under appeal, involves a company – have been handed down in twelve years.




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Prosecutor threatens legal action against Wickenburg restaurants reopening during stay-at-home order

The letter by the prosecutor marked the second time businesses in town were contacted by authorities for being in violation of Gov. Ducey's order.

       




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St. Louis Chief Prosecutor Accuses City, Police Union Of Racist Conspiracy In Lawsuit

St. Louis' first black prosecutor, Kim Gardner, has sued the city, its police union and five others for what she calls a racist effort to block her reform agenda. "Gardner was elected in 2016 on a promise to redress the scourge of historical inequality and rebuild trust in the criminal justice system among communities of color," reads the lawsuit filed Monday in federal court. "Unfortunately, entrenched interests in St. Louis ... have mobilized to thwart these efforts through a broad campaign of collusive conduct" to protect the status quo and remove Gardner from office. Jacob Long, a spokesman for Mayor Lyda Krewson, said the city "vehemently denied what it considers to be meritless allegations levied against it" and expected to be "fully vindicated." Jeff Roorda, a police union official named in the suit, called it "the last act of a desperate woman." The suit has its roots in the 2018 prosecution of then-Missouri Gov. Eric Greitens. Gardner hired an outside investigator to look into




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Snohomish County to pay fourth settlement over former prosecutor


The lawsuit echoed allegations made by other former employees claiming Mark Roe spoke and acted inappropriately while serving as the county’s top prosecutor from 2009 until his retirement in 2018.




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From the 'protected' to the prosecutors, Aboriginal-led justice is bringing culture to the court in Cherbourg

Not long ago, Aboriginal people in Cherbourg were ruled by a government-appointed "protector". Now the elders are involved in running the courts.




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Claremont prosecutors ditch argument killings were fuelled by Edwards's marriage breakdown

The prosecution in the Claremont serial killings trial withdraws its case that Bradley Edwards was so emotionally upset about the breakdown of his relationship with his wife that he murdered three young women.



  • Murder and Manslaughter
  • Law
  • Crime and Justice
  • Courts and Trials

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Former Newcastle Anglican Dean Graeme Lawrence took 'evasive approach' at sex assault trial, prosecutors say

Former Anglican Dean of Newcastle Graeme Lawrence "avoided" answering questions when giving his evidence about allegations he sexually assaulted a teenager at his home in the early 1990s, a court has heard.



  • 1233 ABC Newcastle
  • newcastle
  • Community and Society:Child Abuse:All
  • Community and Society:Religion and Beliefs:Anglicans
  • Law
  • Crime and Justice:All:All
  • Law
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  • Australia:NSW:Newcastle 2300

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George Pell's appeal bid based on 'false premise', Victorian prosecutors tell High Court

Victorian prosecutors say there is no justification for the High Court to grant special leave for Cardinal George Pell to appeal against his child sexual abuse convictions.




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Ahmaud Arbery's Family Attorney Calls Out Prosecutor



Lee Merritt refers to George Barnhill’s conduct as “evil.”




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Ahmaud Arbery's Family Attorney Calls Out Prosecutor



Lee Merritt refers to George Barnhill’s conduct as “evil.”




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Appeals Court Says Prosecutors Who Issued Fake Subpoenas To Crime Victims Aren't Shielded By Absolute Immunity

For years, the Orleans Parish District Attorney's Office in Louisiana issued fake subpoenas to witnesses and crime victims. Unlike subpoenas used in ongoing prosecutions, these were used during the investigation process to compel targets to talk to law enforcement. They weren't signed by judges or issued by court clerks but they did state in bold letters across the top that "A FINE AND IMPRISONMENT MAY BE OPPOSED FOR FAILURE TO OBEY THIS NOTICE."

Recipients of these bogus subpoenas sued the DA's office. In early 2019, a federal court refused to grant absolute immunity to the DA's office for its use of fake subpoenas to compel cooperation from witnesses. The court pointed out that issuing its own subpoenas containing threats of imprisonment bypassed an entire branch of the government to give the DA's office power it was never supposed to have.

Allegations that the Individual Defendants purported to subpoena witnesses without court approval, therefore, describe more than a mere procedural error or expansion of authority. Rather, they describe the usurpation of the power of another branch of government.

The court stated that extending immunity would be a judicial blessing of this practice, rather than a deterrent against continued abuse by the DA's office.

The DA's office appealed. The Fifth Circuit Appeals Court took the case, but it seemed very unimpressed by the office's assertions. Here's how it responded during oral arguments earlier this year:

“Threat of incarceration with no valid premise?” Judge Jennifer Elrod said at one point during arguments. She later drew laughter from some in the audience when she said, “This argument is fascinating.”

“These are pretty serious assertions of authority they did not have,” said Judge Leslie Southwick, who heard arguments with Elrod and Judge Catharina Haynes.

The Appeals Court has released its ruling [PDF] and it will allow the lawsuit to proceed. The DA's office has now been denied immunity twice. Absolute immunity shields almost every action taken by prosecutors during court proceedings. But these fake subpoenas were sent to witnesses whom prosecutors seemingly had no interest in ever having testify in court. This key difference means prosecutors will have to face the state law claims brought by the plaintiffs.

Based upon the pleadings before us at this time, it could be concluded that Defendants’ creation and use of the fake subpoenas was not “intimately associated with the judicial phase of the criminal process,” but rather fell into the category of “those investigatory functions that do not relate to an advocate’s preparation for the initiation of a prosecution or for judicial proceedings.” See Hoog-Watson v. Guadalupe Cty., 591 F.3d 431, 438 (5th Cir. 2009)

[...]

Defendants were not attempting to control witness testimony during a break in judicial proceedings. Instead, they allegedly used fake subpoenas in an attempt to pressure crime victims and witnesses to meet with them privately at the Office and share information outside of court. Defendants never used the fake subpoenas to compel victims or witnesses to testify at trial. Such allegations are of investigative behavior that was not “intimately associated with the judicial phase of the criminal process.”

Falling further outside the judicial process was the DA's office itself, which apparently felt the judicial system didn't need to be included in its subpoena efforts.

In using the fake subpoenas, Individual Defendants also allegedly intentionally avoided the judicial process that Louisiana law requires for obtaining subpoenas.

The case returns to the lower court where the DA's office will continue to face the state law claims it hoped it would be immune from. The Appeals Court doesn't say the office won't ultimately find some way to re-erect its absolute immunity shield, but at this point, it sees nothing on the record that says prosecutors should be excused from being held responsible for bypassing the judicial system to threaten crime victims and witnesses with jail time.