|
|
|
German woman risks tougher sentence over Yazidi girl’s death
Legal Business |
2023/03/10 10:24
|
A German appeals court on Thursday ordered a new sentencing hearing for a German convert to Islam who was given 10 years in prison on charges that, as a member of the Islamic State group in Iraq, she allowed a 5-year-old Yazidi girl she and her husband kept as a slave to die of thirst in the sun.
The 31-year-old defendant now risks a higher sentence.
The Federal Court of Justice threw out an appeal by the woman, who has been identified only as Jennifer W. in line with German privacy rules, but partly approved an appeal by prosecutors. It overturned the sentence, though not the rest of the verdict, and sent the case back to the Munich state court for a new decision.
The woman was convicted in October 2021 of, among other things, two counts of crimes against humanity through enslavement, in one case resulting in death, being an accessory to attempted murder and membership in a terrorist organization abroad.
The federal court found that Munich judges erred in sentencing the woman for a “less severe case” of crimes against humanity and overlooked aggravating circumstances. German law allows for a life sentence in cases where a defendant’s actions result in a person’s death. |
|
|
|
|
|
|
EU legal advisor: Homegrown player quotas clash with EU law
Legal Business |
2023/03/06 10:24
|
A senior legal adviser said Thursday that UEFA rules on homegrown players are partially incompatible with the European Union’s free movement laws, although quotas might be legitimate in order to develop and recruit youngsters.
Advocate General Maciej Szpunar said UEFA-backed quotas requiring teams to register a minimum number of players to be trained locally are “likely to create indirect discrimination” against players from other EU countries.
Advocate generals routinely provide legal guidance to the European Court of Justice. Their opinions aren’t binding on the Luxembourg-based court, but are followed in most cases.
“It is a fact of life that the younger a player is, the more likely it is that that player resides in his place of origin. It is therefore necessarily players from other member states who will be adversely affected by the contested rules,” the court said in a statement. “Though neutral in wording, the contested provisions place local players at an advantage over players from other member states.”
A judge in Belgium asked the European Union’s court in Luxembourg in 2021 to examine if the rules, designed to protect young local talents, comply with free movement of labor and competition law in the 27-nation bloc. |
|
|
|
|
|
|
Panel scolds Wisconsin justice for remarks in Trump case
Legal Business |
2023/02/26 10:30
|
A judicial oversight commission has dismissed a complaint against a liberal-leaning Wisconsin Supreme Court justice who accused an attorney for former President Donald Trump of making racist contentions and trying to protect his “king” in a case challenging the 2020 election results in the battleground state.
Judicial complaints are confidential under Wisconsin law but Justice Jill Karofsky released documents to The Associated Press on Saturday that show a retired attorney in Maryland filed one against her with the Wisconsin Judicial Commission two years ago. The commission decided in November 2022 not to discipline her but warned her to remain neutral and avoid making sarcastic remarks from the bench.
Karofsky’s attorney remained defiant, telling the commission in a letter Tuesday that Karofsky was trying to save the U.S. government and accusing the panel of allowing itself to become a political weapon.
“The Judicial Code (sic) requires judges to act with impartiality towards the parties, but it does not require a judge to turn a blind-eye to dangerous, bad-faith conduct by a lawyer or litigant,” Karofsky said in an email to the AP, quoting a passage from one of her attorney’s responses to the commission. “It is beyond reason to read the Code to require judges to be mouse-like quiet when parties are arguing in favor of a slow-motion coup.”
Trump filed suit in Wisconsin in December 2020 after a recount confirmed Democrat Joe Biden had won the state by about 21,000 votes. The filing was one of scores of lawsuits Trump filed across multiple states in an unsuccessful attempt to overturn the election results and remain in office.
The Wisconsin lawsuit asked the state Supreme Court to toss out about 171,000 absentee ballots cast in Dane and Milwaukee counties. The conservative-leaning court ultimately rejected the lawsuit by a 4-3 vote, with swing Justice Brian Hagedorn casting the deciding vote to uphold Biden’s victory in the battleground state. |
|
|
|
|
|
|
Pakistani court acquits parents of activist in treason case
Legal Business |
2023/02/19 07:37
|
A Pakistani court on Wednesday acquitted the parents of an exiled female human rights activist, a defense lawyer said, three years after the couple was arrested on charges of terror financing and sedition.
The 2019 arrests of Gulalai Ismail’s parents, Mohammad and Uzlifat Ismail, in the northwestern city of Peshawar, had drawn widespread condemnation. The U.S. State Department also expressed concern over the arrests.
On Wednesday, an anti-terrorism court acquitted the couple, saying the prosecution failed to prove the charges, according to the couple’s lawyer, Shabbir Hussain Gigyan.
Mohammad Ismail is a teacher and a social activist. His daughter fled to the U.S. in 2019 and she sought asylum there to avoid harassment by Pakistani security agencies over her investigations into alleged human rights abuses by soldiers.
In recent years, Pakistani activists and journalists have increasingly come under attack by the government and the security establishment, restricting the space for criticism and dissent. The criticism of the military can result in threats, intimidation, sedition charges and in some cases, being arrested with no warning. |
|
|
|
|
|
|
Maryland mulls ending child sexual abuse lawsuit time limits
Legal Business |
2023/02/16 10:27
|
Maryland lawmakers are considering ending the state’s statute of limitations for when lawsuits can be filed against institutions related to child sexual abuse, though the state’s courts are likely to decide whether such a change in the law is constitutional if the General Assembly passes one.
Accusers who are now adults were scheduled to testify in favor of the legislation at a hearing Thursday.
Currently, people in Maryland who say they were sexually abused as children can’t sue after they reach the age of 38. The Maryland House has approved legislation in recent years that would have lifted that age limit, but it stalled in the state Senate.
This year, state Sen. Will Smith, who chairs the Senate Judicial Proceedings Committee, is sponsoring a bill that would end the age limit. He said in an interview that he’s confident the bill will pass this year but that the judiciary likely will have the final say.
Fifteen states have lifted statutes of limitations for child sexual abuse, according to Child USAdvocacy, a nonprofit that advocates for better laws to protect children. Twenty-four have approved revival periods known as “lookback windows,” which are limited timeframes in which accusers can sue, regardless of how long ago the alleged abuse occurred.
In 2017, Maryland raised the age that accusers can file lawsuits from 25 to 38. But the law also included language, known as a statute of repose, that some say prevents lawmakers from extending the statute of limitations again. |
|
|
|
|
|
|
South Korean court says stolen statue must return to Japan
Legal Business |
2023/02/02 23:35
|
A South Korean court ruled Wednesday that a 14th century Korean Buddhist statue should be sent back to a Japanese temple from where it was stolen in 2012.
The statue’s return had been put on hold for years after a South Korean temple claimed ownership of it, insisting that it was likely looted by medieval Japanese pirates before it ended up at a temple on Tsushima island, presumably in 1527.
The South Korean temple is likely to appeal the ruling to the Supreme Court.
Japanese Chief Cabinet Secretary Hirokazu Matsuno said his government will encourage Seoul to facilitate the statue’s swift return to Japan.
The 50-centimeter (20-inch) gilt bronze Buddha statue was one of two stolen from Tsushima’s Kannonji temple by thieves who attempted to sell them in South Korea.
South Korea’s government returned the other statue to the temple soon after police recovered the items from the thieves, who were arrested and prosecuted.
But Buseoksa temple in the western coastal city of Seosan filed a lawsuit to prevent the government from sending back the other statue, saying Buseoksa is the rightful owner. Korean historical records indicate that the statue, which is being kept at a state research institute in the central city of Daejeon, was created about 1330 to be enshrined at Buseoksa.
The Daejeon District Court ruled in 2017 that the government should return the statue to Buseoksa, saying it was likely taken to Japan through theft or pillage.
But the Daejeon High Court overturned the ruling on Wednesday, saying Japan’s Kannonji had acquired legal ownership of the statue through continuous possession. |
|
|
|
|
|
|
Former Nazi camp secretary voices regret, seeks acquittal
Legal Business |
2022/12/06 22:03
|
Lawyers for a 97-year-old former secretary to the SS commander of Nazi Germany’s Stutthof concentration camp asked Tuesday for their client to be acquitted, arguing that she didn’t know about the atrocities committed at the camp located in what is now northern Poland.
Irmgard Furchner has been on trial for over a year at the Itzehoe state court in northern Germany. In her closing statement, Furchner said she was sorry for what had happened and regretted that she had been there at the time, according to a court spokesman.
Her lawyers requested her acquittal, arguing that the evidence hadn’t shown beyond doubt that Furchner knew about the systematic killings at the camp, meaning there was no proof of intent as required for criminal liability.
Prosecutors accused Furchner of being part of the apparatus that helped the Nazis’ Stutthof camp function during World War II. In their closing arguments last month, they called for her to be convicted as an accessory to murder and given a two-year suspended sentence.
Tens of thousands of people died at Stutthof and its satellite camps, or on death marches at the end of World War II.
Furchner, who made headlines last year when she absconded from trial, is being tried in juvenile court because she was under 21 at the time of the alleged crimes.
The court said a verdict is expected on Dec. 20.
|
|
|
|
|
|
|
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media. |
|
|
