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Showing posts with label Unconstitutional. Show all posts
Showing posts with label Unconstitutional. Show all posts

June 19, 2016

Suriname: Court:" Murder trial against Suriname president must continue"

Murder Trial: Will Bouterse Finally Face Justice ?
A murder trial against Suriname's president for the 1982 deaths of political opponents is expected to resume soon after a military court ruled that an amnesty law is unconstitutional.

The court ordered that the trial of President Desi Bouterse resume by the end of the month in this South American country. The trial had been on hold since April 2012, when a parliament controlled by Bouterse's party approved an amnesty law.

"This is not only important for the relatives of the victims, this ruling is important for the entire country," lawyer Hugo Essed, a counsel for the relatives, told The Associated Press. "This shows Suriname is still a country with rule of law."

Essed said he expects that Bouterse will be sentenced on charges of murder in upcoming months. However, some relatives of the victims remained unconvinced.

"We cannot start celebrating yet," Sunil Oemrawsingh told reporters. "President Bouterse and his friends are in power. We have to expect they will once again put up obstacles in an attempt to sabotage the proceedings in court."

Bouterse did not attend Thursday's hearing. His lawyer, Irvin Kanhai, told reporters he still believes that only a constitutional court can review the amnesty law.

"I will discuss this situation with my client and go in appeal if necessary," he said.

A constitutional court was supposed to verify whether the amnesty law was legitimate, but such a court was never created. Four years later, the military court announced it had waited long enough.

"There is no sight of concrete actions by the government on when the court will be operational", said Judge Cynthia Valstein-Montnor, president of the military court.

She said local laws allow any judge to determine whether a law is in breach of the constitution. Valstein-Montnor said she found the amnesty law unconstitutional because Parliament approved it when the trial was ongoing and nearing its end. She also said the law violated of several human rights treaties that Suriname had signed in the past.

Bouterse and 25 allies from his time as a military dictator in the 1980s avoided trial until November 2007 on charges stemming from the abduction and summary execution of 15 prominent political opponents, an event known locally as the "December killings."

The former strongman returned to power in 2010 when he was elected president by parliament. Two years later, lawmakers passed an amnesty law and proceedings were put on hold in a decision that outraged human rights activists.

Bouterse, who was re-elected by parliament, has accepted what he called "political responsibility" for the killings by the military of the well-known journalists, lawyers and union leaders but said he was not present when the executions took place. Witnesses in the trial have disputed that claim.


Read more: Court: Murder trial against Suriname president must continue | Daily Mail Online

March 13, 2016

Poland: Protests as Poland's Radical Right Wing Government Rejects Top Court Ruling

Poland's Government overrules top 
court and Council of Europe
Poland's Right Wing Law and Justice (PiS) government on Saturday, March 12, said it would ignore a Constitutional Tribunal ruling invalidating its legal reforms, a day after a European rights body argued the controversial changes to the top court threatened democracy and the rule of law.

Since winning October elections, the PiS has pushed through a number of reforms in the media, constitutional court and other institutions that have garnered criticism and concern from the EU, United States and other rights institutions.

The latest battle lines have been drawn over the constitutional court, after PiS passed amendents in December increasing the number of judges to make a ruling, requiring the court to review cases in the order they were received, and changing the threshold for a decision from a simple majority to a two-thirds majority.

Critics argue the changes are designed to slow down the court and render it dysfunctional in order to prevent judges from blocking controversial PiS legislation.

On Friday,March 11 the Venice Commission, an advisory body of the Council of Europe, made a non-binding judgment that the changes had "crippled" the Constitutional Tribunal and "endangered not only the rule of law but also the functioning of the democratic system."

The Council of Europe also said the government must follow the constitutional court's decision.

That judgment is likely to put Poland on a fresh collision course with the EU, which has referred Poland to a review at the European Commission over concerns of a retrenchment of democracy and rule of law.

A negative decision from the EU's executive body could lead to Poland losing its voting rights at the EU level.

On Saturday, Poland's government said it would ask parliament to review the Venice Commission's judgment but would still not recognize the Constitutional Tribunal's ruling.

The government has refused to officially publish the top court's findings, effectively blocking them from going into force.

Read more: Protests as Poland rejects top court ruling | News | DW.COM | 12.03.2016