Tag Archives: Court

Alexey Navalny to remain in detention ahead of hearing next month, Russian court rules

Navalny appeared by video link at the court in the city of Khimki, on the outskirts of Moscow. He continues to be held at the Matrosskaya Tishina detention center, in the northeast of the capital.

He’d been detained a day earlier following his arrival from Germany, where he spent five months recovering from Novichok poisoning he blamed on the Russian government. The Kremlin repeatedly denied any involvement.

Navalny was placed on the country’s federal wanted list last month for breaching the terms of probation related to the 2014 fraud case, which he dismisses as politically motivated.

His next court date is currently scheduled for February 2, when a court will decide whether his three-and-a-half-year suspended sentence on fraud charges should be converted into a jail term due to what Russian authorities say is the violation of the terms of his suspended sentence.

The judge in Thursday’s appeal hearing ruled that Navalny’s detention was lawful and that the opposition leader would remain in detention.

Navalny’s reaction on hearing the decision suggested he was expecting it. “Everything was clear to me even before the hearing,” he told the court.

The politician had earlier complained about violations of legal procedures and a lack of opportunity to communicate with his lawyers since his detention on January 17.

“Everything is so amazing here that I don’t even know where to start. As usual it works: you take a court decision, look for violations of the law and speak about them when appealing. And here everything is one big violation of the law,” Navalny said.

In his final statement, Navalny urged protesters to keep coming out.

“They are the last barrier that prevents those in power from stealing everything. They are the real patriots,” he said. “You will not be able to intimidate us — we are the majority.”

Russian law enforcement conducted searches Wednesday at Navalny’s Moscow apartment and his team’s headquarters, according to his aides.

The raids came as Navalny’s allies called for a second round of unsanctioned nationwide demonstrations, planned for Sunday, to demand the activist’s release from detention.

Last weekend, tens of thousands of Russians took to the streets, resulting in nearly 4,000 detentions, according to monitoring group OVD-Info.

Tycoon urges US pressure on Putin

Mikhail Khodorkovsky, a former oil tycoon who was once Russia’s richest man, spent more than 10 years in a Russian jail after falling out with Putin.

Speaking to CNN from exile in London, he urged US President Joe Biden to put pressure on Russian President Vladimir Putin’s inner circle to help save Navalny from a similar fate.

“Personal sanctions must be imposed by President Biden and others in the West on those closest to Putin,” he told CNN. “This would be extremely painful for Putin’s entourage and will affect the stability of his power.”

Khodorkovsky ran Russian oil giant Yukos until 2003. He was later convicted of tax evasion and fraud — charges he argued were politically motivated — and jailed.

“Looking back, I was one of the lucky ones. I lost a decade of my life in prison but others who challenge Putin have paid a far higher price,” he told CNN.

That list includes Anna Politkovskaya, one of Russia’s most prominent journalists and Kremlin critics. She was shot dead in 2006. There have been numerous arrests, two trials and five convictions, including of three Chechen brothers, but it is still unknown who ordered her murder. The Kremlin denies any connection with the killing.

In 2015, Russia’s former deputy prime minister Boris Nemtsov, then the most visible leader of the Russian opposition, was gunned down on a Moscow bridge within sight of the Kremlin. Five Chechen men were jailed for his killing in 2017.

Former Russian agent Alexander Litvinenko died in 2006 after being poisoned with a rare radioactive isotope, polonium-210. A UK inquiry concluded in 2016 that Putin probably approved the operation by two Russian agents to kill the ex-spy. Russia dismissed the UK inquiry as politically motivated.

US has ‘deep concern’ for Navalny’

The US State Department has called on Russia to free all those arrested at protests in the country over the weekend and for the immediate and unconditional release of Navalny.

US Secretary of State Tony Blinken said Wednesday that the Biden administration was conducting a review of Russian “actions that are of deep concern to us, whether it is the treatment of Mr. Navalny and particularly the apparent use of a chemical weapon in an attempt to assassinate him.”

Biden spoke to Putin on Tuesday for the first time since becoming US President, White House press secretary Jen Psaki said, and raised the poisoning of Navalny, among other issues.

“I don’t want to get ahead of where we are on those reviews,” said Blinken. “But as I say, we have a deep concern for Mr. Navalny’s safety and security, and the larger point is that his voice is the voice of many, many, many Russians, and it should be heard, not muzzled.”

Blinken told reporters he was “not ruling out anything but we want to get this full review done, and then we’ll take it from there.”

He also reiterated his comments from his Senate confirmation hearing that “it remains striking to me how concerned, and maybe even scared the Russian government seems to be of one man, Mr. Navalny.”

CNN’s Mary Ilyushina reported from Moscow and Laura Smith-Spark wrote in London. Anna Chernova contributed to this report.

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Daniel Pearl: Pakistan’s top court frees men convicted of kidnapping and murdering US journalist

Pearl was working as the South Asia bureau chief of the Wall Street Journal in 2002 when he was kidnapped in the southern Pakistani city of Karachi, while reporting on Richard Reid, the British terrorist known as the “shoe bomber.”

The high profile abduction drew international attention, amid growing concern over the threat posed by radical Islamic terrorism.

Assailants later filmed Pearl’s beheading and sent it to United States officials. It was among the first propaganda videos targeting hostages created by extremists, and helped to inspire other terror groups to film horrific and egregious acts of violence.

Four men were arrested in 2002, and convicted of the kidnap and murder of Pearl. One, British national Ahmed Omar Saeed Sheikh, was given the death penalty.

In April last year, a high court in Sindh province, where Karachi is located, overturned the convictions of three of the four men and reduced Sheikh’s sentenced to seven years in prison, meaning he was eligible for release on time served.
The court said the men had “suffered irreparable harm and extreme prejudice” after spending 18 years behind bars prior, and in December ordered all four to be set free, but both the Pearl family and the Pakistani authorities appealed to the country’s Supreme Court, which on Thursday ruled against them.

According to a statement from lawyer Faisal Siddique Said, the family was “in complete shock” at the majority decision, which they described as a “complete travesty of justice” which would endanger journalists and the people of Pakistan.

The statement urged the US government “to take all necessary actions under the law to correct this injustice” and added that the family hoped the Pakistani authorities would also act.

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Senate confirms Blinken as secretary of state and convenes as court of impeachment

The Senate Homeland Security Committee voted to advance the nomination of Alejandro Mayorkas as secretary of homeland security, teeing up a full Senate vote on his confirmation.

The committee voted 7 to 4 to send his nomination to the Senate floor on Tuesday, with one additional vote against the nomination cast by proxy. GOP Senators Ron Johnson, James Lankford, Rick Scott, Josh Hawley and Rand Paul voted against advancing Mayorkas to a full Senate vote.

Mayorkas testified before the committee last week.

Johnson led the charge among those registering their opposition, voicing concerns over a 2015 Department of Homeland Security (DHS) inspector general’s report that found Mayorkas pushed for the approval of applications for a program for wealthy immigrant investors on the behalf of well-connected Democrats when he served as director of the U.S. Citizenship and Immigration Services (USCIS). 

“My preference would have been not to air this dirty laundry publicly. I would have hoped that President Biden would have had better sense to nominate and carry forth with the nomination,” the outgoing chairman stated. He later added, “I’ve had a good working relationship with Mr. Mayorkas as deputy secretary of DHS and hope to work with him in good faith if he is confirmed as secretary. I simply cannot support his nomination and I would urge members not to as well.” 

GOP Senators Rob Portman and Mitt Romney expressed their concern with regard to the 2015 report, but ultimately voted in favor of pushing his nomination through to the upper chamber.  

“We’ve just endured a president over four years, who I will say generously, had a relaxed relationship with the truth. And I think we want the highest level of integrity in positions of government,” Romney remarked, noting that Mayorkas’ acknowledged his errors in a private conversation and vowed to learn from them.  

“This is a tough one,” Portman conceded. Ultimately, the Senator from Ohio reasoned that Mayorkas’ fate was already sealed. “He’s going to be confirmed. The question is how quickly is he going to be in place,” he told his colleagues, noting the importance of putting a secretary at the helm of DHS in the aftermath of the Solar Winds cyberattack.

Soon-to-be Democratic Chairman Gary Peters urged colleagues to “expedite” Mayorkas’ confirmation “as much as possible.”

“In fact, every day that this confirmation process is delayed, places the American people and our national security risk from threats posed by domestic terrorism, from cyber-attacks and the ongoing pandemic and so much more,” Peters said.

Senators wished Portman well following his announcement that he will retire from the Senate in 2022. Then Romney interjected with a laugh, “Don’t be too concerned about him leaving, because he’s just organizing his campaign for president.” 

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Indian court rules that groping without removing clothes is not sexual assault

In a judgment last week, Bombay High Court judge Pushpa Ganediwala found that a 39-year-old man was not guilty of sexually assaulting a 12-year-old girl as he had not removed her clothes, meaning there was no skin-on-skin contact.

According to court documents, the man brought the child to his house on the pretext of giving her guava in December 2016. While there, he touched her chest and tried to remove her underwear, according to the judgment.

He was found guilty of sexual assault and sentenced to three years in prison in a lower court, but then appealed to the High Court.

In her judgment on January 19, Justice Ganediwala found that his act “would not fall in the definition of ‘sexual assault,'” which carries a minimum three year prison term which can be extended to five years.

“Considering the stringent nature of punishment provided for the offense, in the opinion of this court, stricter proof and serious allegations are required,” she wrote. India’s Protection of Children From Sexual Offenses Act 2012 does not explicitly state that skin-on-skin contact is needed to constitute the crime of sexual assault.

Justice Ganediwala acquitted the accused of sexual assault but convicted him on the lesser charge of molestation and sentenced him to one year in prison.

“It is the basic principle of criminal jurisprudence that the punishment for an offense shall be proportionate to the seriousness of the crime,” she said.

India’s sexual assault problem

Indians took to social media after the Bombay High Court decision was released to question the logic of the court decision, which sets a new precedent. Other high courts and lower courts around the country will now need to follow the Bombay High Court’s decision.

The National Commission for Women said it planned to mount a legal challenge to the judgment, which it said will have a “cascading effect on various provisions involving safety and security of women.”

Karuna Nundy, a lawyer at the Supreme Court of India, the country’s top court, called for judges who passed judgments that were “completely contrary to established law” and basic rights to be retrained.

“Judgments like this contribute to impunity in crimes against girls,” she tweeted.

Ranjana Kumari, the director of non-profit Centre for Social Research, which advocates for women’s rights in India, said the judgment is “shameful, outrageous, shocking and devoid of judicial prudence.”

Sexual assault is huge issue in India, where sexual crimes are often brutal and widespread, but are often poorly dealt with under the country’s justice system. Based on official figures from 2018, the rape of a woman is reported every 16 minutes.
Following a high-profile case in 2012 when a 23-year-old student was raped and murdered on a New Delhi bus, legal reforms and more severe penalties were introduced.

Those included fast track courts to move rape cases through the justice system swiftly, an amended definition of rape to include anal and oral penetration, and the publication of new government guidelines intended to do away with the two-finger test which purportedly assessed whether a woman had sexual intercourse recently.

But high-profile rape cases have continued to hit headlines. Last year, number of cases sparked outrage, including the case of a 13-year-old girl who was raped and found strangled to death in a field, and an 86-year-old woman who was allegedly raped while she waited for the milkman.
Activists have pointed to ongoing issues in the justice system. Under India’s legal system, for instance, sexually abusing a transgender person carries a maximum sentence of two years in prison.

CNN’s Swati Gupta and Manveena Suri contributed reporting.



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Supreme Court ends Trump emoluments lawsuits

WASHINGTON (AP) — The Supreme Court on Monday brought an end to lawsuits over whether Donald Trump illegally profited off his presidency.

The justices threw out Trump’s challenge to lower court rulings that had allowed lawsuits to go forward alleging that he violated the Constitution’s emoluments clause by accepting payments from foreign and domestic officials who stay at the Trump International Hotel and patronize other businesses owned by the former president and his family.

The high court also ordered the lower court rulings thrown out as well and directed appeals courts in New York and Richmond, Virginia, to dismiss the suits as moot now that Trump is no longer in office.

The outcome leaves no judicial opinions on the books in an area of the law that has been rarely explored in U.S. history.

The cases involved suits filed by Maryland and the District of Columbia, and high-end restaurants and hotels in New York and Washington, D.C., that “found themselves in the unenviable position of having to compete with businesses owned by the President of the United States.”

The suits sought financial records showing how much state and foreign governments have paid the Trump Organization to stay and eat at Trump-owned properties.

Other cases involving Trump remain before the Supreme Court, or in lower courts.

Trump is trying to block the Manhattan district attorney ’s enforcement of a subpoena for his tax returns. Lower courts are weighing congressional subpoenas for Trump’s financial records. And the justices also have before them Trump’s appeal of a decision forbidding him from blocking critics on his Twitter account. Like the emoluments cases, Trump’s appeal would seem to be moot now that he is out of office and also had his Twitter account suspended.

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21-year-old daughter of Allina Health CEO and Minnesota Supreme Court Justice found dead

When officers arrived they found Chutich, who was identified by family as the victim, on the ground of the parking lot. She was pronounced dead at the scene by medical personnel. 

According to the release, Chutich was a student at Iowa State University.

Officers canvassed the area and conducted follow-up interviews. Police say that there does not appear to be any threats to the community and the investigation will continue. 

Anyone with information regarding the incident is asked to call Ames Police. 

In a statement, Chutich’s parents said, “It is with great sadness that we confirm that Olivia Chutich, our beloved daughter, died in Ames, Iowa. Olivia was the light of our lives. We ask for privacy as we grieve this unimaginable loss. Thank you.”

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Tennis legend Margaret Court to receive top Australian honor; faces massive backlash over anti-LGBT views

Margaret Court, a tennis legend who won each of the sport’s four major tournaments multiple times and has created controversy over her anti-LGBT views, is set to be honored on Australia Day.

However, the decision to give her the Companion in the General Division of the Order of Australia, which is “awarded for eminent achievement and merit of the highest degree in service to Australia or humanity at large,” sparked a massive backlash. The award is set to be given Tuesday, on Australia Day.

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Views on Court have changed since her playing days on the tennis courts. Court, now a Pentecostal minister, has been outspoken about her disagreement with LGBT rights and same-sex marriage in Australia. Her criticisms sparked calls for Australia to rename the Margaret Court Arena, which is one of the venues for the annual Australian Open.

The decision to award Court the honor on Australia Day received criticisms from Australian politicians. Former tennis star Martina Navratilova didn’t outright criticize the decision but retweeted Court scrutiny.

“I don’t give out those gongs. That’s not a matter for me; that’s for others. You might want to speak to them about why they think those views, which are disgraceful, hurtful and cost lives, should be honored,” Victoria Premier Daniel Andrews said Friday, via The Guardian.

SPANISH TENNIS PLAYER SAYS SHE TESTED POSITIVE FOR COVID-19

Andrews added more in a tweet.

Anthony Albanese, of the Australian Labour Party, also tweeted about the decision.

Prime Minister Scott Morrison didn’t comment on Court’s honor.

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“I can’t comment on an award that is done through an independent process that hasn’t been announced or I have no official knowledge of those things,” he said.

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