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IBA Political Prisons Report Used in Recent US Congressional Resolution

IBA Political Prisons Report Used in Recent US Congressional Resolution

A recent US Congressional resolution relies extensively on passages from the IBA’s Political Prisons Inquiry report in which 9 Bedford Row’s Steven Kay QC and Kirsty Sutherland acted as counsel for the Inquiry. Pages 3-6 are devoted to a lengthy, verbatim recitation of Inquiry findings.

Please see the following link for further details: https://connolly.house.gov/news/documentsingle.aspx?DocumentID=1291

 

Image source: pixabay.com

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ICLB Member Activities International News

9BRi and ICLB Members in ADC-ICT Elections

9BRi and ICLB Members in ADC-ICT Elections

Jens Dieckmann (Associate Member of 9 Bedford Row International) and Colleen Rohan (Member of 9 Bedford Row International and the International Criminal Law Bureau) both ran in the recent ADC-ICTY elections. Colleen Rohan has been elected as President of the ADC-ICT for 2017/2018 and has become a Member of the Executive Committee. Meanwhile Jens Dieckmann has been reelected as Member and Chair of the ADC-ICT Disciplinary Council for 2017/2018.

To read Jens and Colleen’s ADC-ICTY profiles and to learn about the other members of the Disciplinary Council and the Executive Committees, click the links below:

https://www.adc-ict.org/executive-committee

https://www.adc-ict.org/disciplinary-council

 

Image source: Colleen Rohan

Text source: www.adc-ict.org

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Featured ICLB Member Activities

Closing Briefs Submitted in Mladic

Closing Briefs Submitted in Mladic

Prosecution and Defence Final Trial Briefs were filed, simultaneously, on 25 October 2016 before the International Criminal Tribunal for the Former Yugoslavia. These written submissions were subject to a word limit of 300,000 words, six times larger than standard, which reflects both the size of the trial record and its significance for the Balkan region in general. Oral argument will be heard on 5-16 December 2016, before the Trial Chamber moves into deliberations. The judgement is expected to be delivered some time in 2017.

General Mladic (pictured) faces an eleven count indictment, alleging genocide, crimes against humanity and violations of the laws or customs of war. These substantive offences are alleged to have been committed through all possible modes of liability under the Tribunal’s Statute, including command responsibility and four separate joint criminal enterprises. Evidentially the case is divided into four components, with crimes being alleged in Srebrenica, Sarajevo and 15 municipalities. He is also alleged to be responsible for taking UN personnel hostage in May 1995.

This is the last trial to be heard by the ICTY. Following the trial judgment, the Mechanism for International Criminal Tribunals (MICT) will assume jurisdiction over the case, including hearing any appeal. The MICT is currently seized of appeals lodged by the Prosecution in Seselj and a cross-appeal in Karadzic, as well as a retrial in the case of Stanisic and Simatovic.

 

Joe Holmes of 9 Bedford Row represents General Ratko Mladic and assisted in the drafting of his Final Brief. He is led by Branko Lukic, Miodrag Stojanovic and Dragan Ivetic.

 

Image source: bbc.co.uk

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ICLB Member Activities International News Uncategorized Upcoming Events

Steven Kay QC Case Involving Liechtenstein Trust Company Featured in Article for Independent

Steven Kay QC Case Involving Liechtenstein Trust Company Featured in Article for Independent

A piece for the Independent website features a case currently being worked on by Steven Kay QC. It concerns a woman called Tamar Perry, who is involved in legal proceedings against a trust company based in Liechtenstein: the Lopag Trust. The article itself focuses on Liechtenstein’s role as a tax haven.

Ms Perry and her family have been unable to gain access to their fortune in the trust that was settled by her late father, an Israeli tycoon. Ms Perry believes the principal trustee: Dr Dieter Neupert, a Swiss lawyer, is responsible. Furthermore she suspects the directors of Lopag: Louis Oehri and Dominik Naeff to also be involved. According to the article Neupert denies the allegations and and the Lopag Trust have been limited in their responses to the claims.

The Liechtenstein court has concluded that neither Tamar Perry nor the other beneficiaries have any legal rights. Taking this into account, Ms Perry has secured the services of Steven Kay QC to help in her proceedings against Dieter Neupert, Oehri and Naeff.

Ms Perry told the Independent that: “I just want to warn people that if they are thinking of placing their assets in a trust registered in Liechtenstein, then they should run away as fast as possible because they will find that the trustees will become the beneficiaries.”

“Then the judge and Liechtenstein Trust committee will take the side of the trustees. I’m sure I’m not the only one who has been set up in this way but I intend to be the last one. The lesson here is that you cannot always trust the trustees,” she added.

The article can be read in full on the Independent website, by accessing the link below:

http://www.independent.co.uk/news/long_reads/liechtenstein-tax-haven-super-rich-trust-lost-beneficiaries-trustees-legal-laws-a8239956.html

 

Image source: pixabay.com

Text source: www.independent.co.uk – 8th March 2018

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Featured ICLB Member Activities

ICLB Submissions to the OHCHR Investigation on Sri Lanka – The LTTE and the Legal Response to Terrorism and Crimes Committed by the LTTE

ICLB Submissions to the OHCHR Investigation on Sri Lanka – The LTTE and the Legal Response to Terrorism and Crimes Committed by the LTTE

In September and October 2014, the International Criminal Law Bureau (ICLB) submitted a series of papers to the Office of the High Commissioner for Human Rights (OHCHR) in relation to its investigation on Sri Lanka (OISL). The first in the series concerned the Liberation Tigers of Tamil Eelam (LTTE) and addressed the nature of the organization, its leadership, political affiliations and the heinous crimes committed by the LTTE in the State of Sri Lanka up until 2009. The second paper addressed the rights and obligations of the State of Sri Lanka in seeking to protect its population from terrorism and crimes perpetrated by the LTTE during a thirty-year terrorist campaign and the non-international armed conflict of Eelam War IV (from 2006-2009). The OHCHR is due to issue its report next month.

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ICLB Member Activities International News

ICT convicts A. Q. Molla of 5 charges and sentences him to life imprisonment

ICT convicts A. Q. Molla of 5 charges and sentences him to life imprisonment

On 5 February 2013, the International Crimes Tribunal (“ICT”) convicted Abdul Quader Molla of five counts and sentenced him to life imprisonment. He was tried on six counts, comprising murder and rape as a crimes against humanity, aiding and abetting the commission of such crimes and complicity in the committing of the offences.  He denied all charges.

Abdul Quader Molla was born on 14 August 1948 and will be turning 65 this year.  Prior to his arrest he was Assistant Secretary General of Bangladesh Jamaat-e-Islami Bangladesh.  It is noteworthy that all of the people indicted and tried for war crimes, crimes against humanity and genocide by the ICT are members of Jamaat-e-Islami (“Jamaat”) and the Bangladesh National Party (“BNP”), the two major opposition parties to Prime Minister Sheikh Hasina’s Awami League.

His sentence follows swiftly in the wake of the sentence of television preacher and former Jamaat party member Moulana Abul Kalam Azad, who was sentenced to death on 21 January 2013 following his trial and conviction in absentia of genocide against the Hindu community and various other criminal acts which were held to constitute “crimes against humanity” under Section 3(2) of the International Crimes Tribunal Act of 1973.

Speaking after the verdict, Attorney General Mahbubey Alam declared: “He deserved death sentence because of the gravity of the crimes.  But the judge gave him life imprisonment.”  He added that A. Q. Molla “had directly participated” in the killing of more than 350 people near Dhaka.

One of A. Q. Molla’s defence attorneys is reported to have said they would appeal the verdict as it was “politically motivated”.  Further, in a statement released to the press, Chief Defence Counsel, Mr Abdur Razzaq, wrote “In our view, there is not an iota of evidence on record to warrant a conviction of Abdul Quader Mollah, let alone a life imprisonment. The Prosecution has completely failed to establish the 6 charges against Abdul Quader Mollah. […] We will file an appeal against the judgment of the Tribunal. We believe that the judgment of the Tribunal will be completely reversed by the Supreme Court.”

Since the establishment of the ICT in 2010, a number of persons and organisations have criticised the Government of Bangladesh and the ICT for failing to protect fundamental human rights and to uphold international standards of fair trial and have called for the legal framework of the ICT to be amended in accordance with international standards. These have included among others the US Ambassador-at-Large for War Crimes, Stepen Rapp, Lord Avebury, Lord Carlile, the UN-OHCHR Working Group on Arbitrary Detention, Human Rights Watch, Amnesty International, the International Bar Association, the UK Bar Human Rights Committee and the International Center for Transitional Justice and Amnesty International

The outcome of the trial has shaken the extremely fragile political situation in Bangladesh and inflamed ongoing protests in the capital and other major cities. Deutsche Welle reported that Jamaat ordered a general strike that shut down schools and shops and halted traffic in Dhaka. It warned it would resist “at any cost a government blueprint” to execute its leaders. According to the Bangladesh news agency, ATN News, supporters of Jamaat have exploded homemade bombs and clashed with police in parts of the capital, leaving several people injured.

A detailed summary of the judgment will follow shortly.