Court disregarding its constitutional duty

Law is no stranger to prejudice or moral anxieties. Judicial pronouncements can sometimes cast aside constitutional values and defer to societal biases masquerading as righteousness. The recurrence of “collective conscience” in terror cases, where the threat of terrorism looms so large that it can overshadow the lack of evidence, is only too well known. Even so, the December 23 order of the Nagpur bench of the Bombay High Court takes one’s breath away. It rejected the regular bail plea moved by the lawyers of Delhi University professor, Saibaba, cancelled his interim bail which allowed him to receive treatment till December 31, and ordered him to surrender within 48 hours. Besides, the court issued a notice of criminal contempt to Arundhati Roy for her article, ‘Professor, POW’, published in Outlook magazine. The order will be remembered for its naked display of contempt for civil rights, partisanship and renunciation of judicial independence.

Is Canada Guilty of War Crimes?

 

On November 9th, investigative journalist and human rights activist, John McNamer sent a request to the International Criminal Court to investigate Canada’s complicity in war crimes.

 

McNamer argues that Canada has “actively and intentionally failed to comply with legal obligations under The Convention against Torture and the Rome Statue” (page 1).

 

McNamer’s submissions to the ICC include that Canada has transferred detainees to the United States and Afghanistan with full knowledge that the detainees would be in extreme danger of torture and that Canada uses and shares intelligence likely obtained through torture. McNamer provides over 250 documents in support of his allegations.

 

In order for the ICC to have jurisdiction to investigate Canadians, Canada must be unwilling or unable to genuinely carry out the investigation or prosecution. McNamer contends Canada is unwilling.

 

As Canada is a party to the Rome Statute, the ICC Prosecutor has the power to initiate investigation proprio motu. There must be a reasonable basis on which to proceed.

 

It has also been reported that a group of Egyptian lawyers have submitted a complaint to the ICC accusing President Barack Obama of being an accessory to the crimes against humanity committed by the Muslim Brotherhood in Egypt. However, unlike Canada, the United States is not a party to the Rome Statute.

 

The only way the ICC could acquire jurisdiction to investigate President Obama is through a referral by the United Nations Security Council and the United States is one of five countries with veto power

– See more at: http://mwcnews.net/news/americas/33465-canada-war-crimes.html#sthash.DpSv9Vqt.dpuf

Man freed from solitary imprisonment after 41 years dies in US

A 71-year-old man who spent more than four decades in solitary confinement in Louisiana has died, less than a week after a judge freed him and granted him a new trial. Amnesty International USA last year delivered a petition to Louisiana governor Bobby Jindal’s office, containing 65,000 signatures from people around the world who called the men’s solitary confinement inhuman and degrading.

source: http://timesofindia.indiatimes.com/world/us/Man-freed-from-solitary-imprisonment-after-41-years-dies-in-US/articleshow/23545153.cms?utm_source=facebook.com&utm_medium=referral