High Court takes cognisance of daughter’s plea: After 37 years, doc’s death reopened; to be probed as murder (As written by Bangalore Mirror.Page 1. 19/09/2012)

His daughter’s suspicions about the nature of his death were heightened when she was warned not to write about the incident in a blog. She approached the High Court, on whose directions the Ashoknagar police have registered a murder case.

Till a few years ago, Roshini Mathan believed that her father had died in an accident. But a phone call warning her to stop writing about her father’s death in ablogaroused her suspicions. With the help of her husband, a doctor, she approached the high court, and the 37-year-old case has now been reopened by the police as one of murder.

According to Roshini, her father JA Mathan, originally from Kolar, was a doctor attached to a PHC in Kollur of Yadgir district. A Hindu, he was married to Agnes Flora, a Christian. Roshini was born a few years after the marriage. According to Roshini, her mother allegedly entered into an extra-marital relationship which led to a split between her parents.

“My father was transferred to Bangalore and posted as health advisor in the department of health services. He started a clinic on Palm Grove Street in Austin Town. On October18, 1975, he was called to his clinic as a woman, Saraswathi, had come there complaining of chest pains. Later, he was found dead on the road some distance away from the clinic,” Roshini said.

“Roshini was two and a half years old at the time. Instead of taking the body to a hospital to confirm the death, Flora and several relatives had the body buried in the cemetery of St Patrick’s Church by convincing the church authorities that it was an accident case. We searched for documentary evidence of the accident but couldn’t find anything in any police station or hospital. Hence, we strongly suspect he was murdered,” Roshini’s husband Savio Pereira said.

“I was writing about my father on my social service society blog. After this, I received calls from two people who threatened me with dire consequences if I did not stop writing about my father’s death under mysterious circumstances,” Roshini alleged. “I lodged a complaint in this regard with the Madiwala police,” she added.

“After this incident, our suspicions about Dr Mathan’s death were heightened. We filed a writ petition and the High Court of Karnataka advised us to submit a complaint to the Ashoknagar police. The case has now been reopened as one of murder,” Savio Pereira told BANGALORE MIRROR.

Mathan’s body was found on the road, some distance away from his clinic. Roshini lost her father J A Mathan when she was two and a half years old.

AUTHOR: Roshni Pereira
URL: http://voiceofwomenindia.blogspot.com
E-MAIL: roshniper [at] gmail.com

Sadegh Moradi had previously been exonerated from the rape charges and sentenced to 10 years in prison. But, the decision was met with protests and the case was sent to the Supreme Court where the death sentence was reinstated.

Prior to the execution, Sadegh Moradi’s brother told reporters that the family had been unable to meet with Sadegh in more than a month , and despite waiting outside Evin Prison until 2:00am last night, they were not permitted to meet with him for the last time.

According to eye witnesses and various other reports, before he was executed Sadegh Moradi said: “I am innocent.” He was hanged at 6:06am at Sabalan Square in Tehran.

Another man was hanged in public in Shahroud, northern Iran, yesterday.

In a previous statement Iran Human Rights (IHR) had condemned public executions. The spokesperson for IHR, Mahmood Amiry-Moghaddam, called public hangings “barbaric punishments meant to spread fear among the people and promote a culture of violence in society.”

AUTHOR: Mahmood Amiry-Moghaddam
URL: http://iranhr.net/
E-MAIL: amirymoghaddam [at] gmail.com

Most of the executions will most likely be carried out following the 16th Non-Aligned Movement (NAM) summit scheduled to take place in Tehran from August 26-31. High-ranking officials from 40 NAM member countries along with observer countries and international organizations like the United Nations are expected to attend.

IHR urges the international community to pay special attention to Iran in the coming weeks. Mahmood Amiry-Moghaddam, the spokesperson for IHR, said today, “There are several reports indicating that Iranian authorities have scheduled executions for the coming weeks. We are deeply concerned about these possible executions and urge the international community to react before it is too late.” He added, “We specifically ask the UN and leaders of the countries attending the NAM summit to address the issue of the death penalty in Iran.”

There were no reported executions in the Muslim month of Ramadan, which ended on August 20. It is expected that news of executions will emerge in the next month. According to the IHR annual death penalty reports, in the past years, there has been a noticeable increase in executions after Ramadan. In 2011, at least 72 people were executed in the first three weeks following Ramadan.

For the past few months, Iranian authorities have aired several times on state television what they call “confessions” of Iranians involved in espionage and cooperation with Israel. On August 6, state television aired purported confessions by 14 suspects (six women and eight men) in connection with the killing of five nuclear scientists. Some of the people whose “confessions” were aired on state television are: Behzad Abdoli, Firouzeh Yeganeh, Maryam Zargar, Ramtin Mahdavi Moshaie, Arash Kheradkish and Maziar Ebrahimi.

IHR believes that the confessions made by these prisoners were serious enough to put them at risk of execution. In May, another prisoner, identified as Majid Jamali Fashi, was hanged publicly in Tehran after his confessions were aired on state television.

There are other prisoners who are in imminent danger of execution and require urgent attention.

Gholamreza Khosravi, 50, was arrested in 2008 in Rafsanjan, Kerman (southeastern Iran). His initial charge was affiliated with his alleged support of Simay Azadi, a television station linked to the Mujahedin-e Khalgh (MEK or PMOI).

Gholamreza Khosravi was sentenced to death after a second trial in the Tehran Revolutionary Court. He was charged with Moharebeh (enmity against God) for his alleged ties to the MEK. The death sentence was confirmed by the Supreme Court on April 21. According to sources in Iran, the execution is scheduled to take place on September 10.

Abdolreza Ghanbari, 44, a teacher, was arrested in the aftermath of the December 2009 Ashura protests. He was sentenced to death based on the charge of Moharebeh for his alleged ties with the MEK. His request for pardon was rejected by the Supreme Court. He may be executed at any time.

Ahmad Daneshpour Moghaddam, 42, and Mohsen Daneshpour Moghaddam, 69, son and father, were also arrested in connection with the Ashura protests. They were charged with Moharebeh, for their alleged ties with the MEK, and sentenced to death. They may be executed at any time.

There are continued concerns about the imminent execution of Saeed Malekpour, 37, a web programmer whose main charges include Moharebeh and Insulting and desecrating Islam. His death sentence was confirmed by the Supreme Court in January 2012. He may be executed at any time.

There are also more than 20 Kurdish political prisoners on death row in Iran that may be in danger of imminent execution.

AUTHOR: Mahmood Amiry-Moghaddam
URL: http://iranhr.net/
E-MAIL: amirymoghaddam [at] gmail.com

Barnabas Samatta

The judiciary system in Tanzania is under the microscope after TunduLissu, Member of Parliament for Singida East (Chadema) and Shadow Minister for Justice and Constitutional Affairs, questioned the appointment of some judges and deplored the incompetence currently prevailing in the country’s judiciary system.

During his presentation in the august House in Dodoma on Saturday last week, Lissu said that some of the judges who have been named recently do not meet the standard for ‘learned judges’, and thus are incompetent to perform their judiciary duties. “When we say learned they must really be learned,” he commented.

He cited some of the problems being controversial rulings and poor command of the English language, particularly that written in certain rulings which have been given in the High Court.

“I am worried that the appointments of some judges were not based on merit but on cleptocracy, and the who knows whom syndrome,” Lissu stressed.

Commenting on this Advocate Harold Sungusia, who is the director of advocacy and reforms at the Legal and Human Rights Centre (LHRC), said that Lissu had all the constitutional rights for making such comments, but he had his reservations as well.

“I am of the opinion that it was unhealthy for Lissu to say whatever he said in the National Assembly, because apart from being an MP he is still a practising lawyer, this might have long term repercussions on his duties as an advocate,” he said.

Sungusia was worried that, while legally there was nothing wrong in what the vocal MP and fervent human rights activist had done, but psychologically some judges would feel that they were undermined in the eyes of the public by the MP.

He referred to Albert Dicey’s separation of power concept, but warned that contempt for the legislature and for the executive power has a different weight, if one was to compare them with that for the judiciary.

Sungusia said contempt for the judiciary was a sensitive matter in so many ways. He therefore called for a separate institution to conduct the vetting of judges and make comments, but such information should remain within the same profession as an internal, discrete matter.

However,Sungusia concurred with Lissu about the fact that there are a number of magistrates and judges who write their rulings in very poor English, to the extent that this could lower the respect that members of the public have towards the judiciary.

“There are some High Court rulings which have a poor logical flow and have been written in very poor language, a fact which leaves much to be desired,” he said, while showing this reporter a bunch of rulings for this particular reference.

He moreover commended Lissu for his boldness in revealing these discrepancies, which he was sure very few people are courageous enough to disclose given the nature of secrecy surrounding public institutions in Tanzania.

He attributed the mentioned weaknesses to the failure of magistrates and judges to have clear focus and concentration when writing their rulings. He cited this weakness to be a product of dependency on court clerks, without conducting a thorough proof-reading of such rulings before their tabling.

He counselled that it was proper for the magistrates and judges to use the availability of the internet facility and other means at their disposal in order to understand concepts, or indeed to seek good examples from other credible sources before writing such rulings.

The experienced legal counsel also called for thorough research on how to utilize the traditional ways of resolving some cases, in order to reduce the workload in the courts, noting that some could have been resolved through mediation.

Moreover, Sungusia mentioned that he was surprised that certain judges previously used to write very good rulings, despite the fact that they lacked the technology that current judges possess.

He praised some judges who maintain a good standard in writing judgments, for example retired Chief Justice Barnabas Samatta, Judge Dr FauzTwaib, Judge Robert Makaramba and Judge Ibrahim Juma.

For his part, retired Judge Buxton Chipeta, currently working with Hallmark Attorneys, says that one needs to look at Lissu’s statement very carefully because he has a double role, as a legal counsel and also as a politician.

He said each arena of these two has its own rules of conduct. The retired judge, who is an advocate of the High Court and courts subordinate thereto, adds that the statement uttered by Lissu was made inside the Parliament, which was the correct avenue.

He justified his stance by adding that all matters pertaining to the running of this country were being discussed or criticized within the same august House, the judiciary not being an exception.

Although he was very careful in his language, Judge Chipeta’s message was loud and clear that there were elements of truth in the statements that were made by Lissu, on two grounds.

Judge Chipeta admitted that he has never dealt a lot in Tanzanian cases because many of his cases are foreign ones, but admitted that even in those few he had managed to see, he had observed that there is a lot of reference and quotations of foreign cases, which is not healthy for Tanzania’s judiciary.

He advised that magistrates and judges should start by referring to local cases; given the fact that now the internet is at their disposal. He said after failing to get those then they should turn to the Commonwealth, namely Britain and India, thereafter they can venture elsewhere.

“During our time you had to sweat looking for cases for reference, you had to visit the archives, newspapers and many files before you got the right stuff,” he added.

Moreover he advised those who want to comment on the weaknesses in the judiciary that they must conduct thorough research before they do so, lest they face defamation charges.

Judge Chipeta, who has published a number of books which have turned out to be very helpful in the judiciary, said that one needs to analyse politics in Tanzania before coming up with a good and conclusive statement.

He added that other areas that need to be consulted prior to making any useful statement is the office of the chief justice, of the principal judge, and to know the norms and standing orders guiding the judiciary service commission of Tanzania.

Judge Chipeta said during his time and until the time of his retirement in 2002, Tanzania had 19 judges only, but currently there are more than 60 judges, in fact he sees the increase might have compromised the quality.

A distinguished professor in law and a legal counsel, Professor Abdallah Saffari, says he fully supports Tundu Lissu, and lauded the MP for delivering the message in Parliament, which was the right avenue but very belated.

“I have been saying this for quite some time, but the only problem is that I did not have the right avenue for delivering my message,” he commented.
He lauded Lissu for choosing the right place to deliver the statement because his message will now reach the right destination, taking into consideration that all eyes are on Dodoma during the budget session.

“He has spoken it loud and clear to be heard by all the parties concerned. It is one of those moments where serious minds will find ways to improve the situation in the judiciary,” he added.

He narrated how he was embarrassed when the Court of Appeal quashed an independent candidate appeal, which was a clear indication of how weak Tanzania’s judiciary could become at times.

On the other hand, he praised retired Chief Justice Barnabas Samatta, when he was delivering a speech at the Ruaha University, where he was categorical that denying people the chance to contest as independent candidates was undemocratic and contravened the Constitution of the United Republic of Tanzania.

Professor Saffari noted that Tanzania lacks the Supreme Court, which was a discrepancy in itself taking into consideration that other neighbouring countries like Kenya, Zimbabwe, and Zambia have such a court in place.

He also called upon the judiciary at all levels to improve the level of English language which is a working language, and said if one was to judge the situation as it is now he would term it the ‘English pandemonium’ in the judiciary.

He concluded by advising his colleagues in the legal sector to emulate standards that were set by former judges, the likes of late Justice Yona Mwakasendo, the late Justice Kahwa Rugakingira, the late Justice Dan Mapigano and many others of their status.

Reacting to Lissu’s speech in Parliament, the Attorney General Judge Frederick Werema called for the MP to retract some words which he said were harsh and could demean the status of the judiciary in the eyes of the general public, but Lissu declined and maintained his stance.

AUTHOR: Elias Mhegera
URL: http://mhegeraelias.blogspot.com
E-MAIL: mhegeraelias [at] yahoo.com

The Egyptian Supreme Administrative Court on Tuesday has blocked the recent decree that enabled military police to arrest civilians. It was greeted by various politicans and human rights advocates as a positive step that limits somewhat the almost unlimited powers of the military, after the recent abolishment of parliament and the addenda the SCAF issued to the constitution.

Prominent human rights lawyer Gamal Eid was relieved over the latter verdict. “The ruling put the military where it belongs – back in the barracks. It was issued with the intention of serving the military only”, he told Al-Ahram Online.

The Supreme Administrative Court put off four rulings, which covered the fate of the new constitutional addendum, the defunct People’s Assembly, the Shura Council (the parliament’s upper house) that might well be dissolved on the same grounds that saw the other parliamentary chamber dismantled, and the Constituent Assembly which is jeopardised as a result of the parliament’s being un-constitutional. The decree that empowered military police to arrest civilians, however, was overruled. Three of the postponed cases will be judged next month. The the trial of the Constituent Assembly, however, was adjourned until 4 September, which might give the assembly’s members a respite to fulfil its task. The Assembly held its third meeting on Tuesday. It has yet to agree on its work methodology.

Other news is that president Morsi intends to have a woman and a Copt as his vice-presidents. Ahmed Deif, a policy advicers to Morsi, told CNN: One of the first decisions will be appointing different vice-presidents. One of them will be a woman, for the first time in Egyptian history. Also, he has decided to appoint a Christian vice-president.’ Morsi also made it known that he will break with the habit that all government offices are required top post his portrait. He himself, meanwhile is meeting possible candidates for governemnt positions. He says he aims at a broad based non-political governement.

On my Dutch blog I posted an item about rumours and false rumours and accusations that accompany his apearance on the stage. The ‘interview’ Morsi supposedly gave to the Iranian news agency Fars in which he said that he wanted to restore ties with Iran, was almost certaintly fake (click here for evidence given by Radio Free Europe). Also the website of Fox News smeared him by posting a video of the radical cleric Safwat Hegazy calling for ‘millions of martyrs to march towards Jerusalem’, while suggesting that it was actually Morsi who said so.

AUTHOR: Martin Hijmans
URL: http://the-pessoptimist.blogspot.com/
E-MAIL: m.hijmans [at] planet.nl

According to the state run Iranian news agency ISNA Iranian Supreme court has approved the death sentence of two people who are sentenced to death for consuming alcohol for the third time. Quoting the head of the Iranian judiciary in Razavi Khorasan province, Hasan Shariati, the report said: “These two had previously been sentenced to “Hadd” and their sentences (80 lashes each time) had been implemented. They were sentenced to death for being convicted of drinking alcohol for the third time and their sentence has been approved by the Supreme Court”. Shariati added: “After approval by the Supreme Court, implementation of their execution is now being prepared”.

Iran Human Rights (IHR) strongly condemns the death sentences of these two prisoners. Mahmood Amiry-Moghaddam, the spokesperson of IHR said: “It seems that the Iranian authority’s execution machine doesn’t know any limits”. He added:” We urge the international community to react immediately to stop these executions. The world can not tolerate such barbaric punishments in 2012″.

AUTHOR: Mahmood Amiry-Moghaddam
URL: http://iranhr.net/
E-MAIL: amirymoghaddam [at] gmail.com

Egypt's Supreme Constitutional Court. (Photo Virginie Nguyen/Egypt Independent). After the reading of the decisions some fights broke out, outside the building.

Egypt’s Supreme Constitutional Court (SCC) took two decisions on Thursday that effectively changed the political landscape and created a kind of constitutional labyrinth. It ruled that a third of parliament is unconstitutional (which effectively dissolves Parliament and returns legislative powers to the military) and it affirmed the legality of former Prime Minister Ahmed Shafiq’s bid to the presidency.

AUTHOR: Martin Hijmans
URL: http://the-pessoptimist.blogspot.com/
E-MAIL: m.hijmans [at] planet.nl

In a new booklet, Palestinian rights organization Addameer presents information about Palestinian political prisoners and the chaotic course of Israeli military court hearings. Volunteers and researchers working for Addameer witnessed hearings of Palestinians accused of “offenses” such as throwing stones, participation in demonstrations and other political activities. In their contributions they describe how prisoners, family members and lawyers were treated by the Israeli military during the hearings. A haunting picture of the shocking reality of the Israeli military courts arises from their impressions. A summary of the booklet is presented below.

750,000 Palestinians detained

Addameer summarizes the facts about the detention of Palestinians from the West Bank and Gaza in the first part of the booklet. Since 1967, an estimated 750,000 Palestinians have been detained under Israeli military orders, including 10,000 women. That is a frightening figure when one considers that 3.9 million Palestinians now live in the occupied Gaza Strip and the West Bank, including East Jerusalem. Moreover, Israel has arrested around 8,000 Palestinian children since 2000.

As per 1 April this year, Israel was holding 4,610 Palestinian political prisoners, including seven females and 203 children, 31 of whom were under the age of 16. Among the prisoners were 27 Palestinian lawmakers, 322 administrative detainees who were held without charge or trial, and 456 prisoners from the Gaza Strip, who have been denied access to family visits since June 2007.

Almost 100 percent conviction rate

The Israeli military court system is mainly used to prosecute Palestinians who are arrested by the Israeli military and charged with “security” violations and other crimes. Of those who are charged, 99.74 percent are convicted.

Israeli military orders define offenses using the categories of “hostile terrorist activity”, disturbance of public order, “classic” criminal offenses, illegal presence in Israel, and traffic offenses committed in the West Bank and Gaza. For example, all political parties belonging to the Palestine Liberation Organization are considered “illegal organizations.” Carrying a Palestinian flag is a crime and participation in a demonstration is deemed a disruption of public order. Pouring coffee for a member of an “illegal association” can be seen as support for a terrorist organization.

The Israeli military courts do not respect the fundamental right to a fair trial which includes the right to prompt notice of criminal charges, the right to prepare an effective defense, the right to trial without undue delay, the right to interpretation and translation, and the right to presumption of innocence.

Children tried as adults

Every year, Israel prosecutes about 700 Palestinian children from the West Bank in its military courts. Children aged between 16 and 18 years are tried and sentenced as adults. In addition, it is not the age at the time when the alleged offense was committed that is decisive, but the age at the time of sentencing. A child who is accused of committing an offense at 15 will be punished as an adult if he or she has turned 16 by the time of sentencing.

Palestinian children are commonly charged for stone-throwing which carries a maximum sentence of 20 years. Palestinian child detainees held for interrogation are routinely made to sign confessions written in Hebrew, a language few of them understand. These coerced confessions then serve as the primary evidence against them when they are prosecuted before the military courts. With no guarantee to a fair trial and the prospect of a harsh sentence, most children plead guilty, regardless of whether they actually committed the offense.

Humiliation of visitors to military courts

The second part of Addameer’s Eyes on Israeli Military Courts booklet gives the impressions of contributors who witnessed hearings in Israeli military courts. Here are some excerpts:

It was an outside prison, I thought. Here were the families of prisoners, made to wait patiently in the searing sun for their time to be called. Gates would open, guards would scream, several worried faces would stare, and one by one each family member would be accepted into another part of the prison. What was the purpose of acting with so much vehemence towards these people? Why yell and scream at old women and men, young boys and girls, who cared only about the future of their loved ones and not for the petty wickedness of those “in charge”? I was enraged but also sad. Peter Hamm on Ofer military court.

Chaos in the courts

The court visit seemed more like a visit to a prison – only with more security than the prisons I have visited in the United States. The Israeli military was running the entire show. The judge was from the military. The prosecutor was from the military. The translator was from the military. And other people in the courtroom whose roles I could not determine were also from the military. I would have thought that the military – known for its discipline – would have been able to create order in the courtroom. And yet in this court, there was no order. Abbas Khan on Ofer military court.

I understood quickly that there were no arguments being submitted, no testimony collected, nor any form of regular procedure I would associate with criminal proceeding. This was very much political. The judge was in charge: no doubting this. He issued commands, above the statements of others, and appeared not to hear that which he did not want to. Peter Hamm on Ofer military court.

Language as a weapon

In Israel’s military courts, language is a weapon. Everything is in Hebrew – the court transcripts, the “No Smoking” signs, the judges’ questions and pronouncements, the witness testimonies. You can’t be a successful defense lawyer unless you speak Hebrew and Arabic fluently. Language is a tool of exclusion, proclaiming, “Justice is on our terms, not yours.” Anonymous

Justice upside down

Having been to court rooms in both Canada and the United Kingdom, Israeli military justice, apparently, is a shadow of the norms, rules and regulations of standard civilian trials I am used to. More, it is an obvious farce that pits actors of such obviously unequal positions of bargaining power that to call it justice would be like calling up “down.” And this is aside from the real fact that justice administered by the occupier is a farce to begin with. Peter Hamm on Ofer military court.

Ofer military court is situated on Ofer compound in the occupied West Bank. It includes a prison and an army camp. According to Who Profits, a research project of the Coalition of Women for Peace (a grouping of Israeli and Palestinian activists), the British-Danish security firm G4S provided a perimeter defense system for the walls of the Ofer facility and installed a central command room inside, from which the entire facility can be monitored.

G4S is a target of the international boycott, divestment and sanctions movement for its role in the provision of services to the Israeli Prison Service, the Israeli army, the Israeli police and businesses located in Israeli settlements.

First published at The Electronic Intifada.

AUTHOR: Adri Nieuwhof
URL: http://www.samora.org
E-MAIL: a.nieuwhof [at] samora.org

The International Committe of Judicials, represented by Dr. J. Handmaker,  has published its findings and observations on the 11 May 2012 Trial, presided by Mrs C Valstein Montnor, president of the Court Martial, founded to try those individuals suspected of having committed crimes against humanity on 8 December 1982.

The Main conclusions of the ICJ correspond with the observations from both Dutch and Surinamese lawyers, who all agree that the Court Martial has in fact distanced itself from the Trial, putting it back in the hands of the State Attorney’s office.

The ICJ also expressed concern over the fact that the victims are not treated in accordance with the constitution, because the trial is not dealt with in time, and their plight is not heard.

The ICJ, also expressed concern over the fact that the president on May 11 did not set a time limit. The trial is open ended, and runs the risk of frazzling…dying a slow and soft death, induced by time and government pushing it into a deep and dark corner of the archives.

Other conclusions of the ICJ are however not in accordance with the actual situation in the country.  Other sources mention the callous disregard of certain categories for the trial. Several sources have mentioned the one sidedness of information channels, the fact that the state television and the state-owned radio station are in the hands of the government, the fact that many media self-censor and withhold information. The discrepancy between these sources and the observation of the ICJ are striking:

On page 9 Dr. Handmaker writes:

The ICJ was very positive about the high regard and outspoken support
expressed by citizens of Suriname for!the!Court,!and!by!the!outspoken!attitude of!
the Judge President Cynthia Valstein Montnor In addition,! the! ICJ! noted!
pronounced messages!by!some!of!the!accused,!who!expressed!a!wish!for!the!trial!
to continue without further delay.
Finally,! the! ICJ! was! positive about the
relatively! high! level! of! press! freedom! in the! country! and! the! free! exercise! of!
expression by journalists,! although! also! noted! that! the! situation! had! shifted! in.

His observation on the freedom of the press which he asserts is untarnished despite some threats here and there is however uncanny. Since 2010 several journalists have been threatened and one incident of a beating has been reported. There is a culture of threat and fear enhanced by a speech of the president on May 5th 2012, when he called the opposition ‘enemies of the state”. Prior to the 1982, Mr Bouterse used similar wordings to disqualify the actions of the opposition, many of whom victims of the December 8 Massacres. The press is consistently being curtailed, threatened and excluded from government venues. The press by the same token self-censors and seem to lack tenacity and courage to pursue matters to the fullest.

Reports that during the trial (a) secret agent was caught filming the people and the proceedings were not factored into the findings of the ICJ, a clear signal that government at best, tried to influence and coerce the Judiciary. The report also expressed its awe over the presence of various diplomats at the trial. Although admirable, the presence of international observers could not undo the verdict that what is written, edged on paper.

Conclusion

The key findings of the ICJ correspond with the observations of seminal lawyers in and outside Suriname, rather the fact that the Court Martial let the personal prevail instead of doing their jobs. The fact that they wanted to escape the wrath of the president, his loyal followers and his allies cannot be regarded as an extenuating circumstance. The fact that fear ruled in the courtroom is cause for great concern, a telltale sign of democratic decay.

The report itself cannot be qualified as thorough. Little investigation on free press, public opinion and political situation disqualifies this report as a worthy and valuable source of information. This is not the first time that such has happened. At a book presentation of Hans Budding, editor at large for the prominent and very credible Dutch Newspaper NRC, the lack of credible information on Suriname, the political situation, the opposition and how they use social media also gave rise to false conclusions and ideas on Suriname in general was uncanny and at one point very disturbing. specifically when taking into account that Mr Budding has written a book on the history of Suriname. Mr Budding went on to consistently refer to official channels and sources, disregarding the empirical. At one point he referred to the Surinamese people as fun-loving and gentle……a reference almost too much to absorb. This way of assessing and analyzing Suriname is very problematic, because  the consistent cloaking of the deep seated  political and social difficulties using anecdotal images instead of experiences and evidence stand in the way of finding credible and sustainable solutions.

In that regard I can consider the Tweets by Pieter van Maele transmitted via Twitter during the Trial of great value, because it helped prepare us for the worst. The Verdict that was made public last week not only held valuable information on the future of the proceedings, it merely confirmed what was already known, that the judges would simply not risk their personal lives.

AUTHOR: Natascha Adama
URL: http://natascha23.blogspot.com
E-MAIL: nataliapestova23 [@] yahoo.com

Looking back to past practices, Nepal practiced unitary method in its judicial system , where there is a provision of three tiers of court system including the Supreme Court, the Court of Appeal and the District Courts. Apart from that the Criminal and Civil Court are more or less same in operation except some of their legal mechanism. The current unitary method of the court system practices a hierarchy where the Supreme Court is the foremost and then the Court of Appeal and the District Court and so on.

Talking more about the hierarchy of court system, people are facing problems due to the current system where the decision are not timely done and can be challenged where even a small case would take years for justice. Specially in the lower courts things can be easily manipulated and people have to wait for decades just for hearing where the judges rules out for the next date and poor and unreachable have no chance of justice. There is no mechanism to counter such irregularities.

Yes, at times there have been different commissions and mechanisms set up to tap such behaviors but as soon as the government changes the reports of those commission and mechanism are limited within the drawers and cabinets.

“Judicial system is a dynamic field that safeguards and facilitates people in defining, processing and conditioning their actions within the periphery of law. It’s the base of defining what’s legal and what’s not? Apart from its legality issue, judicial system has always been independent in every possible way around the world. But the confusion of it being a part of the system invites controversies that certainly give stance for corruption and irregularities, which need to be cleared and subtracted,” said Ramesh pant, a law practitioner.

Looking at Nepal’s history of judicial system, it has seen innumerable changes from years which have faced rise and fall of regimes, and revolutions where more or less in most of the times it was influenced by bureaucracy and leadership. The aspect of judicial system being separated and being efficient was always a question where the country faced challenges in its government practices and leader’s visions but it remained the same transcending the orthodox system and resisting changes. Unfortunately, adapting the best, Nepal’s judiciary has failed to deliver timely and equitable justice, and have been complimented with controversy of appoint, promotion, or dismissal of judges in an unfair and biased manner.

Practically looking at the trends the Lower courts are viewed as slow and corrupt where cases in most circumstances, take decades to be resolved. Currently when Nepal is moving toward federalism, a big question obstruct us, what about legal system? Should we flow the traditional old unitary system or should we adapt the new federal state level judicial system. Expert and lawmakers are in a dilemma of what should be done. Looking at the practices of unitary method in Nepal it has been timely corrupted and has significantly torn out of its credibility, but the mechanism of control and the network of channelization or authority is phenomenal. Now getting to the federal state practice, there are a lot of complexity with defining Nepal within the criteria of federal state as if individual federal court system are adapted in each state then it would have its own mechanism and legal boundaries which can be defined according to the limitation of gender, language, and even resources available. Specifically in a small country like ours with such diversity and multi lingual status it might result in a chaos and further obliterate the situation. The problems that might be faced with in the federal system are categorized into following points:

1. Regional Language practice
2. Rules and Regulation of individual province
3. Authentication and identification of citizen
4. Legal periphery and counter mechanism

The legal system today is stuck in transition of characterizing and defining the limitation of the new court system and its periphery. The orthodox system that transcended is being significantly challenged to redefine its new limitation highlighting three new factors of cost, credibility and time. The previous system which was more controversial and slow is currently looking for a new face off with an effective system where legal practitioners are also highlighting their rights and possibilities. The proposed new judicial system needs to be adapted accordingly realizing the past mistake, for such the dual stick method is highly recommended. Most of the experts are voicing for the adaptation of dual stick method represents the combination of the unitary and as well as the federal state practice. Since, the judicial system is a sensitive issue which needs to be independent and accessible. It needs to be defined within a proper system where the dual stick method has greater efficiency. As within the dual sick method, the Unitary method defines a proper channelized monitoring system prioritizing control and support of the central body in every aspect of resources where as the federal system highlights its easy accessibility and easy operation where time money and resources can be effectively and efficiently managed. The combination of the both certainly results in a better counter mechanism to deal with the issue and controversies. Further for the proper control and management the central authoritative committee can develop different mechanism to counter its state level court system in balancing their effectiveness. This way each court will be independent of its statutory existence where proper balancing can be done in a more systematic way. Regarding the issue of licensing and other purpose the province and the central body should workout a mechanism to adapt accordingly to the timely condition solution.

Thus, Nepal is still struggling to have a political collaboration trying to manage an effective judicial system, it has been controversial at times highlighting the weakness of being manipulated and dragged in issues of corruption, transparency and accessibility which needs to be overcome with proper vision. The active involvement of political interference in appointment of judge issue and the long lasting power play game has questioned the credibility of the judicial system in Nepal where people search for a radical change. Highlighting the issue of justice to all, normal public are burdened with financial, mentally and physically outcry where the new system should address credibility, viability and flexibility. Though a political deadlock haunts the nation but the issue of an effective and efficient judicial system is the need and voice of people where it also plays an important role in giving shape to the coming future.

AUTHOR: Shreedeep Rayamajhi
URL: http://www.rayznews.com
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