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International Courts and Tribunals

AfCHPR Delivers Judgment in Case between the Republic of Kenya and the Ogiek Community

AfCHPR Delivers Judgment in Case between the Republic of Kenya and the Ogiek Community

At the 45th session of the African Court on Human and Peoples Rights (AfCHPR), the Court delivered a judgment against the Kenyan government in a long-standing case brought before it by the Ogiek Indigenous Peoples.

The case was filed by the African Commission on Human and Peoples Rights. The AfCHPR found that the Kenyan government had illegally evicted members of the Ogiek community from the Mau Forest, their ancestral homeland.

The African Court will rule on the reparations to be awarded to the Ogiek community, who have 90 days to file an application that demands reparations and compensation from the Republic of Kenya.

Click the following link to read a more in-depth account of this story:

https://intercontinentalcry.org/landmark-victory-ogiek-delivered-african-court/

 

Image source: en.african-court.org

Text source: intercontinentalcry.org – 1st June 2017

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International Courts and Tribunals

AfCHPR Delivers Judgment on African Commission V Republic of Kenya

AfCHPR Delivers Judgment on African Commission V Republic of Kenya

On Friday, May 26th the African Court of Human and Peoples’ Rights (AfCHPR) delivered its judgment on the following case: African Commission V Republic of Kenya. The delivery took place in front of public spectators at the Kibo Hall, the AfCHPR premises at the Tanzania National Parks building.

Click below to read more on the AfCHPR website:

http://www.african-court.org/en/index.php/news/press-releases/item/155-african-court-on-human-and-peoples-rights-to-deliver-judgment-on-african-commission-v-republic-of-kenya-on-friday-26-may-2017

You can view the delivery of the judgment in three-parts by accessing the following links:

Part 1

Part 2

Part 3

 

Image source: en.african-court.org

Text source: www.african-court.org – 23rd May 2017

 

AfCHPR, Africa, African Commission, African Commission V Republic of Kenya, international law, International Law News, Kenya, Kibo Hall, law, law news, Republic of Kenya, Tanzania National Parks building, the AfCHPR premises, the African Court of Human and Peoples’ Rights

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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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Featured

9 Bedford Row International Report – “The Egyptian Revolution Against the Muslim Brotherhood”

9 Bedford Row International Report – “The Egyptian Revolution Against the Muslim Brotherhood”

Today, 9 Bedford Row International released its latest report entitled “The Egyptian Revolution Against the Muslim Brotherhood”. The report can be read and downloaded at: http://egyptevidence.com/

The report is the third in a series of reports commissioned by the State Lawsuit (Litigation) Authority of Egypt which aim to present an independent and comprehensive review of the Muslim Brotherhood and its allied groups and organisations. The first report, entitled “The History of the Muslim Brotherhood” was released on 2 April 2015. The second report “The Egyptian Experience of the Muslim Brotherhood in Power 2012 – 2013” was released on 4 June 2015.

This third report looks at the final days leading up to the collapse of the presidency of Mohamed Morsi with an analysis of the key events that unfolded in the weeks following his removal from office. Specifically, it reviews the revolution of 30 June 2013 when the Egyptian people forced Morsi to step down on 3 July 2013 and the following clashes that ensued between security forces and Muslim Brotherhood supporters.

Steven Kay QC
London
16 December 2015

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Featured

Notice Report on Egypt Courts & Some Recent Challenges

Notice Report on Egypt Courts & Some Recent Challenges

We are pleased to issue the report “Egypt Courts & Some Recent Challenges”.

Electronic versions of this report with others by 9 Bedford Row may be found at www.egyptevidence.com.

This report was commissioned by the State Litigation Authority of Egypt and addresses a number of headline issues concerning human rights in Egypt. The chapters look at the law of Egypt and the final outcome of certain cases that have been examined by the world’s media and international agencies.

The report demonstrates the developing state of the human rights programme of the government in today’s Egypt that has had to cope with the problems of the past and the turbulence of the recent years.

 

Yours Steven Kay QC

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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

Kenyatta Defence Publishes Report: ‘The Prosecution of Uhuru Kenyatta at the International Criminal Court’

Kenyatta Defence Publishes Report: ‘The Prosecution of Uhuru Kenyatta at the International Criminal Court’

By Steven Kay QC

Download the full Kenyatta Defence report, ‘The Prosecution of Uhuru Kenyatta at the International Criminal Court’: http://www.internationallawbureau.com/wp-content/uploads/2015/01/report.pdf

On 19 January 2015, the ICC Prosecution published a public redacted version of its Pre-Trial Brief (‘PTB’) in its now-defunct case against Uhuru Kenyatta. As predicted by the Kenyatta Defence, and as a result of the Prosecution’s purposeful misrepresentation of the evidence underlying the allegations in the PTB, the document was misunderstood by the media and lead to the publication of defamatory statements concerning Mr Kenyatta. It matters not to the Prosecutor, who has chosen not to issue one of her infamous video speeches to explain the context in which the PTB was released, that the allegations contained therein rely almost exclusively on the evidence of witnesses who have admitted to lying and were withdrawn by the Prosecution. The PTB sets out a failed case based upon lying witnesses; it is a document that has neither credibility nor currency.

The Kenyatta Defence has today published a report examining the key aspects of the failed ICC proceedings against Mr Kenyatta. The document focuses on the nature of the evidence that was proved by the Defence to be false and the exposure of which eventually caused the case to fail.

The report concludes by stating that the ‘proceedings at the ICC against Uhuru Kenyatta represented a miscarriage of justice. Rights to ensure fairness by the Prosecution towards an accused that would have been expected in any jurisdiction were plainly not employed in his case. The failure to check credibility of witnesses, wilful blindness to obvious fabrication of stories by witnesses in the pursuit of a case, represented an unreasonable campaign to prosecute an individual at all costs.

The impact of such conduct upon an individual’s private and public life cannot be easily dismissed. Such prosecutorial conduct would be considered in most reasonable jurisdictions to have been a gross abuse of power. The ICC structure that even permitted counsel for the victims to make representations to continue the proceedings notwithstanding the admission of insufficiency of evidence by the Prosecutor reflects a system that pays little attention to the validity of the case but more to the image that it is pursuing campaigns against impunity. The irony that Uhuru Kenyatta was subject in these proceedings to nothing less than a prosecutorial impunity is clear and obvious.’

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The second paper and annexes in the series of submissions made by the ICLB to the OHCHR OISL

The second paper and annexes in the series of submissions made by the ICLB to the OHCHR OISL

The second paper in the series of submissions made by the ICLB to the OHCHR OISL has been uploaded below. It 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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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.