úterý 27. října 2015

Soudní novinky 15-42+43 (Ve Štrasburku bylo a bude veselo)

Omlouvám se, čilé konferencování a následné nestíhání má za důsledek spojení dvou týdnů, navíc v takové light-verzi. Polepším se.
  • Pár nových neliberálních rozhodnutí malajského federálního soudu (zákaz protiislámských knih, transgender problematika, svoboda shromažďování a projevu). 
  • "Families of three Bosnian Muslims who were killed after leaving UN protection in Srebrenica in 1995 asked the European Court of Human Rights to prosecute three ex-UN commanders, AFP reported. A Dutch appeals court ruled in April that Battalion commander Thom Karremans and two other officers should not be prosecuted."
  • A možná se ve Štrasburku potkají i s neblahé paměti Viktorem Janukovyčem.
  • A do třetice z ESLP: "The European court of human rights (ECHR) has ruled that a Turkish politician should not have been prosecuted for denying that the mass killing of Armenians by Ottoman Turkey in 1915 was a genocide." Velká věc! Arménská genocida se dle soudců zásadně liší od holokaustu. "The ECHR said it did not have the authority to rule on whether the Armenian killings were a genocide or not, which was a job for international criminal courts. (..) But it ruled that in the specific circumstances of the case, a democratic society should not have gone as far as prosecuting Perincek over his comments. “The context in which they were made had not been marked by heightened tensions or special historical overtones in Switzerland,” the ruling said. “The Swiss courts appeared to have censured Mr Perinçek simply for voicing an opinion that diverged from the established ones in Switzerland,” it added." Na fotce můžete vidět ruiny prastarého arménského města Ani na severovýchodě Turecka - na informačních tabulích se slovo "arménský" takřka nevyskytuje... 
  • First the Netherlands, now Pakistan’s high court comes to defence of climate: "The high court of justice in Lahore has ordered the creation of a “climate council” to force the Pakistani state to uphold its environmental commitments. A farmer went to the court with the charge that his “fundamental rights” had been breached by the lack of action on the part of Pakistan’s climate change minister. Pakistan has been hit by three consecutive years of deadly floods. (..) This judicialisation of climate protection could spread to other countries: in Belgium a court has been considering this possibility. “We are seeing an increasing number of legal challenges because of a disappointment in the ineffectiveness of public and private commitments to reduce greenhouse gas emissions,” said Laurent Neyret, (..)."
  • Velká indická frajeřina na více než 1000 stran: "Declaring that the judiciary cannot risk being caught in a “web of indebtedness” towards the government, the Supreme Court on Friday rejected the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment which sought to give politicians and civil society a final say in the appointment of judges to the highest courts. “It is difficult to hold that the wisdom of appointment of judges can be shared with the political-executive. In India, the organic development of civil society, has not as yet sufficiently evolved. The expectation from the judiciary, to safeguard the rights of the citizens of this country, can only be ensured, by keeping it absolutely insulated and independent, from the other organs of governance,” Justice J.S. Khehar, the presiding judge on the five-judge Constitution Bench, explained in his individual judgment. (..) But interestingly, the Bench admitted that all is not well even with the collegium system of “judges appointing judges”, and that the time is ripe to improve the 21-year-old system of judicial appointments."

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