On 19 March 2019, the ECtHR reaffirmed that the imprisonment of a person in a metal cage in a courtroom during his trial and in a prison, for the purposes of his participation, by video link, to the judicial review of his case, constitutes degrading treatment within the meaning of Article 3 of the ECHR.READ MORE
On 20 March 2019, the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals delivered its judgement on the appeals filed by Mr. Radovan Karadžić and the Prosecution against the judgement rendered on 24 March 2016 by a Trial Chamber of the International Criminal Tribunal for the former Yugoslavia.
By a judgement of 12 February 2019, the Court of Justice of the European Union ruled that Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States must be interpreted as precluding a national provision, such as that at issue in the main proceedings (in The Netherlands), which lays down a general and unconditional obligation to release a requested person arrested pursuant to a European arrest warrant as soon as a period of 90 days from that person’s arrest has elapsed, where there is a very serious risk of that person absconding and that risk cannot be reduced to an acceptable level by the imposition of appropriate measures.
Patrice-Edouard Ngaïssona transferred to the ICC on 23/1/2019, for alleged war crimes and crimes against humanity, following the issuance of an ICC arrest warrant on 7/12/2018 and his arrest in France on 12/12/2018 Mr Ngaïssona – who was the most senior leader and the “National General Coordinator” of the Anti-Balaka – is alleged to be responsible for war crimes and crimes against humanity committed in various locations in the CAR, including Bangui, Bossangoa, the Lobaye Prefecture, Yaloké, Gaga, Bossemptélé, Boda, Carnot and Berberati, between at least 5 December 2013 and at least December 2014.
On 15 January 2019, Trial Chamber I of the ICC, by majority, acquitted Mr Laurent Gbagbo and Mr Charles Blé Goudé from all charges of crimes against humanity allegedly committed in Côte d’Ivoire in 2010 and 2011. As a consequence, the Chamber ordered their release.
It is reported that the US has ceased cooperation With UN Human Rights Special Rapporteurs.
On 17/9/2018, the ICC Trial Chamber VII delivered its re-sentencing decision against Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba and Jean-Jacques Mangenda Kabongo, for offences against the administration of justice (…)
On 28 September 2018, the State of Palestine instituted proceedings against the United States of America before the International Court of Justice, alleging violations of the Vienna Convention on Diplomatic Relations of 18 April 1961 because of the relocation, to the City of Jerusalem, of the United States embassy in Israel.
For the first time, on 16/11/2018, two leaders of Pol Pot’s Khmer Rouge regime in Cambodia, his deputy Nuon Chea, 92, and head of state Khieu Samphan, 87, were found guilty of genocide by the Extraordinary Chambers in the Courts of Cambodia
Mr Alfred Yekatom was surrendered to the ICC on 17/11/2018, following the issuance of an arrest warrant by Pre-Trial Chamber II of the ICC on 11/11/2018 for his alleged criminal responsibility for war crimes and crimes against humanity committed in western CAR between December 2013 and August 2014
By a judgment of 19 September 2018, the Court of Justice of the European Union has ruled that Article 50 TEU must be interpreted as meaning that mere notification by a Member State of its intention to withdraw from the European Union in accordance with that article does not have the consequence that, in the event that that Member State issues a European arrest warrant with respect to an individual, the executing Member State must refuse to execute that European arrest warrant or postpone its execution pending clarification of the law that will be applicable in the issuing Member State after its withdrawal from the European Union.
On 21/11/2018, delegates attending INTERPOL’s General Assembly have elected Kim Jong Yang of the Republic of Korea as the Organization’s new President.
William Julié’s Law Firm is heading various new initiatives in the field of INTERPOL Red Notices and SCHENGEN alerts. Many people are suffering from these two reporting and flagging systems (INTERPOL and SIS), and are seeking ways to have the alerts retrieved. A significant number of cases involve people who have fought extradition successfully but remain deprived of the right to travel freely (within or outside the U.E). READ MORE
PARIS: Fifteen alleged members of a vast crime ring accused of laundering Colombian drug money through luxury jewelry and using shadowy middlemen from the Lebanese diaspora go on trial in Paris on Tuesday.
The chief defendant is Mohamad Noureddine, a 44-year-old Lebanese businessman with interests in real estate and jewelry.
An individual subject of two UK European arrest warrants, arrested in Ireland, raised objections to his surrender to the UK on the basis, amongst other things, of issues related to the UK’s withdrawal from the EU.
By a judgement of 15 February 2018, definitive since 15 May 2018, the European Court of Human Rights has condemned France to pay 6,500,000 euros in respect of pecuniary and non-pecuniary damage, and 39,950 euros in respect of costs and expenses, to a person who was ill-treated during an arrest by SNCF (French national railway company) security officers and the police, and who remains severely handicapped since then.
By a judgement of 11 January 2017, the French Cour de cassation(the Supreme Court of the judicial order), has ruled that a French investigating judge cannot issue a warrant of arrest against someone who lives abroad but is not on the run ; the person who is the object of such arrest warrant, extradited and tried by the French criminal court, can challenge the legality of such arrest warrant; the court must assess whether the arrest warrant was necessary and proportionate in light of the circumstances of the case.
Cf. Cour de cassation, criminelle, Chambre criminelle, 11 janvier 2017, 16-80.619, Publié au bulletin
A Paris court sentenced Chechen native Ruslan Bersanov to 20 years’ imprisonment for the murder of Russian businessman Mikhail Lanin in 2011, writes RIA Novosti with reference to the lawyer of the injured party, Irina Sidorova.
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On 8/3/2018, the ICC Appeals Chamber its judgment on reparations inthe Al Mahdi case, granting the Legal Representative of Victims’ appeal. It amended the Reparations Order on two points : (1) Applicants for individual reparations should be able to contest the decision taken by the Trust Fund for Victims (TFV) on their eligibility for individual reparations before the Trial Chamber; (2) Applicants who do not wish that their identities be disclosed to Mr Al Mahdi may nevertheless be considered for individual reparations, in which case their identities will be disclosed to the TFV.