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January 25, 2013

UK government formally launches same-sex marriage legislation in Parliament

UK government formally launches same-sex marriage legislation in Parliament

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Friday, January 25, 2013

Maria Miller
Image: Department for Work and Pensions.

The British government formally published legislation today to allow marriage for same-sex couples. The bill is titled the Marriage (Same Sex Couples) Bill. MPs would be able to vote on the legislation at the second reading in Parliament on February 5.

Maria Miller, the Culture Secretary, said of the legislation to BBC Radio 4: “We feel that marriage is a good thing and we should be supporting more couples to marry.” Gay and lesbian couples have been allowed since 2005 to form civil partnerships.

The Coalition for Equal Marriage, a campaign group supporting the legalisation of same-sex marriage, have tracked support by individual MPs and claim 336 MPs are likely to vote in favour of the legislation, while 130 are likely to vote against. Conservative MPs are to be given a free vote, but both Labour and Liberal Democrat MPs are broadly in support.

As part of the legislation, the government have included a set of provisions they describe as a “quadruple lock” against churches and other religious denominations being forced to perform same-sex weddings, including an explicit ban on the Church of England and the Church of Wales doing so. The “quadruple lock” consists of an explicit statement in the Bill “that no religious organisation, or individual minister, can be forced to marry same-sex couples or to permit that to happen on their premises”, an amendment to the Equality Act 2010 to prevent claims of discrimination against religious organisations for not performing same-sex weddings, an opt-in for religious groups who do wish to perform same-sex marriages, and the explicit ban for the Churches of England and Wales.

Maria Miller said the government recognises “that some churches won’t want to participate in same-sex marriages. We are trying to make sure that there are the protections there for churches who feel that this isn’t appropriate for their particular beliefs. We know that there are churches who do want to take part in same-sex marriages, so we have made sure that there are provisions there so they can.”

Former defence secretary Liam Fox, opposing the legislation, has suggested the European Court of Human Rights will overrule the government’s protections for churches. He argued earlier this month: “Any assurances that we are given that distinguishing between churches will not be used at some point by European courts to drive a coach and horses through the legislation carries little credibility with those of us who have watched similar assurances trounced in the past.”

The Roman Catholic Church has strongly opposed the measures. Archbishop Vincent Nichols has said he is “very disappointed” the government is pushing for same-sex marriage and claimed it would “weaken” the institution. The Archbishop also claimed of the legislation: “[t]here was no announcement in any party manifesto”. However, the Conservative Party’s “contract for equalities” for the 2010 election included a statement saying they would “consider” same-sex marriage: “We will also consider the case for changing the law to allow civil partnerships to be called and classified as marriage.”

A Guardian/ICM poll conducted in December 2012 found 62% of the British public favour allowing same-sex marriage.



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June 22, 2012

Assange seeks asylum in Ecuadorian embassy

Assange seeks asylum in Ecuadorian embassy

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Friday, June 22, 2012

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Julian Assange, founder of whistle blowing site Wikileaks, has spent a third night in the Ecuadorian embassy in London. He entered the embassy on Tuesday to claim asylum, breaking strict bail conditions, after losing an appeal in the British high courts over extradition to Sweden, where he faces questioning over allegations of sexual assault in 2010.

File photo of Assange in 2010
Image: Ralgis.

Assange, 40, awaits a decision from diplomats on his asylum application. In a telephone interview with the Australian Broadcasting Corporation he explained the decision following a feeling of abandonment by his native Australia, adding that he was not certain that Ecuador would grant his request. “We had heard that the Ecuadoreans were sympathetic in relation to my struggles and the struggles of the organisation with the United States,” he said. The Australian government have repeatedly stated he has been receiving assistance from their London embassy, claims Assange denies.

Rafael Correa, President of Ecuador, said that the country would examine the application carefully. Assange alleges that sending him to Sweden will result in eventual extradition to America, to face charges over a 2010 incident in which Wikileaks released leaked US diplomatic cables. Correa said that the matter centred around whether Assange would face the death penalty if sent to the US.

Sweden is seeking to question Assange following allegations, in 2010, that he sexually attacked two female Wikileaks volunteers in Stockholm. At extradition hearings Assange’s lawyers have argued that he was allowed to leave Sweden, and that attempts to conduct an interview via video link have been rejected. But last week the high court dismissed an appeal claim “without merit”. He now has until 28 June to file an appeal with the European Court of Human Rights. Jemima Khan, who provided part of the surety for his bail, has called on Assange to face his accusers, saying “I personally would like to see Assange confront the rape allegations in Sweden and the two women at the centre have a right to a response.”

In breaking his bail conditions Assange risks being arrested once he leaves the embassy. The bail included a curfew, during which he had to be present at a named address. Even if Ecuador grant asylum it will be hard for Assange to leave the country; diplomatic immunity (which would protect him from arrest) must be approved by the Foreign Office.



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April 13, 2012

European Court of Human Rights rules Germany allowed to ban incest

European Court of Human Rights rules Germany allowed to ban incest

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Friday, April 13, 2012

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European Court of Human Rights courtroom, from file.

The European Court of Human Rights in Strasbourg has ruled bans upon incest do not breach the European Convention on Human Rights, and a German man’s conviction can stand.

Patrick Stuebing was put in an orphanage three years after his 1976 birth and did not meet his biological sister Susan Karolewski until their mother’s death in 2000. The brother and sister began a sexual relationship early in 2001 that lasted until 2005, when Stuebing was convicted of incest. Karolewski escaped conviction owing to a personality disorder deemed to reduce her culpability.

Stuebing, who served time in prison, claimed this amounted to a breach of his right to a family and private life. The court disagreed, noting “the protection of marriage and the family” and “the risk of significant [genetic] damage” to offspring as reasons for the ban.

Stuebing and Karolewski have four children, three of whom are in care and two of whom are disabled. It was argued in court that similarly risky situations, such as older women giving birth or parents who are themselves disabled, are entirely lawful.



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March 19, 2011

Crucifixes can be displayed in state schools, European court rules

Crucifixes can be displayed in state schools, European court rules

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Saturday, March 19, 2011

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European Court of Human Rights

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The Strasbourg-based European Court of Human Rights ruled unanimously yesterday that state school classrooms displaying crucifixes do not violate the rights of non-Catholic pupils.

In a reversal of the unanimous November 2009 decision the court said, although the crucifix is “above all a religious symbol“, it is an “essentially passive symbol” and there is no evidence crucifixes displayed on classroom walls influence pupils.

The court’s final ruling reverses their 2009 decision in a case brought by a Finnish-born mother living in Italy who objected to the Roman Catholic symbols in her children’s classrooms on the grounds that they violated the secular principles state schools should uphold. The court agreed, saying the crucifix might be “emotionally disturbing for pupils of other religions or those who profess no religion”. But the decision created a vociferous outcry in many European countries, such as Italy, which argued the crucifix is a cultural symbol, and a part of Europe’s culture and history.

The appeal was handled by New York University legal scholar Joseph Weiler, arguing extreme secularism could threaten the use of British national anthem God Save the Queen.

Italy’s foreign minister, Franco Frattini, welcomed the reversal. According to the newspaper La Repubblica he said, “The decision underlines, above all, the rights of citizens to defend their own values and their own identities. I hope that following this verdict Europe will begin to examine issues of tolerance and religious freedom with the same courage.”

Friday’s ruling is binding on the 47 countries that are members of the Council of Europe, the continent’s monitor of human rights, paving the way for petitions to other governments to allow religious symbols in schools for those who want them.



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February 24, 2011

Wikileaks founder Julian Assange to be extradited to Sweden

Wikileaks founder Julian Assange to be extradited to Sweden

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Correction — March 3, 2011
 
This article mentions that Mr Julian Assange was to be extradited on charges of Sexual Assault. This is incorrect. The offences specified in the Arrest Warrant were of “Sexual Molestation”, not Sexual Assault. We apologise for any offence the incorrect information may have caused.
 
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Thursday, February 24, 2011

Assange at the SKUP conference for investigative journalism, Norway, March 2010.
Image: Espen Moe.

Today, a British court ordered Julian Assange, founder of the whistle-blowing website Wikileaks, to be extradited to Sweden. Assange, a 39 year old Australian, has been accused by two Swedish women of sexual assaults against them.

Assange’s lawyers have the option of appealing against this decision, and have decided to do so. Assange has denied the claims of sexual abuse, claiming the allegations to be politically motivated because his website recently published secret US diplomatic cables. Earlier, during the hearing, Assange claimed that rape cases in Sweden were “tried in secret behind closed doors in a flagrant denial of justice”, and termed the country “the Saudi Arabia of feminism.”

Judge Howard Riddle, in his verdict, declared the allegations made by the two Swedish women a valid reason for extradition and also attested the validity of Sweden’s demand to send Assange to the country for further questioning.

Geoffrey Robertson QC, lawyer for Assange, suggested the latter could be extradited to the United States, on charges concerning the release of 250,000 US diplomatic cables by Wikileaks, where he could be sentenced to death penalty. His Swedish counterpart, Clare Montgomery QC, stated that while Assange’s trial would be held in private, the arguments raised in the trial would be released to the public. She also assured that Sweden was going to provide “protection” against the alleged risk of Assange’s extradition to the US, terming it as a “threat and violation.” The European Court of Human Rights has also agreed to intervene if Assange was subjected to an “inhuman or degrading treatment or an unfair trial” in the US, she added.

Assange had been granted bail in December, but has been electronically monitored ever since.

Assange has been accused of raping a sleeping woman, during his visit to Stockholm last year. Another woman has alleged that the Wikileaks founder sexual assaulted her thrice. If the Swedish court declares him guilty, he could be sentenced to up to four years in prison.

Paul Stephens, the Australian ambassador to Sweden, had earlier written to the country’s Justice Minister, appealing that if Assange was extradited, his hearing “would proceed in accordance with due process and the provisions prescribed under Swedish law, as well as applicable European and international laws, including relevant human rights norms.”

Assange is likely to remain in custody, since bail is not granted in Sweden before a trial or the accused being released.



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Wikileaks founder Julian Assange granted bail, set free” — Wikinews, December 17, 2010

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July 4, 2010

Paris court jails rioters for attempted murder of police

Paris court jails rioters for attempted murder of police

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Sunday, July 4, 2010

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A court in Paris has jailed several men for attempting to murder police officers and related offences during riots in a poor suburb in 2007. The violence began after two teens died when a police car collided with their motorbike.

The United Press International states that the trial involved four defendants, but the Canadian Press names a fifth convict. Half-brothers Adma and Abderhamane Karama, both 29, and Ibrahima Sow, 26, were convicted of attempted murder. The court found that they had used hunting rifles to shoot buckshot at police in Villiers-le-Bel over two nights of violence.

The Canadian Press names Maka Kante, 24, as also convicted of attempted murder. Adama was jailed for twelve years and Abderhamane for fifteen years; the brothers were described in court as the ringleaders of the shootings in the primarily black and Arab suburb. The Canadian Press says Kante received three years for his role. Sow will spend the next nine years in prison.

Samuel Lambalamba, 24, was convicted of supplying a firearm to one of the rioters and jailed for three years. One defence lawyer, Michel Konitz, told the RTL radio station that he is uncertain whether his client will appeal “even though he is not guilty.” Another, Patrick Arapian, said “[w]ith sentences this harsh, one can feel political meddling in the justice system.” Prosecutors had sought between seven and twenty years for the accused.

According to Radio France Internationale (RFI), the prosecution had struggled to find witnesses willing to testify among the locals. Instead, RFI says the case centred largely on anonymous written statements. The trial’s last day stretched late into the night yesterday, with the verdict and sentencing following this morning. President Nicolas Sarkozy and his government are attempting to reduce violence in city suburbs.

The police union Alliance welcomed the convictions. They “will give new confidence to our colleagues,” according to spokesperson Ludovic Collignon, who called the trial “symbolic”. The riots in November 2007 left 119 police officers injured. Rioters burned shops, cars, a police station, two schools and a library to total more than seventy vehicles and buildings.

The European Court of Human Rights has previously been asked to consider cases where the right to a fair trial may have been breached by the use of anonymous witnesses. In the case of Van Mechelen and Others v. the Netherlands it stated that “it should be recalled that a conviction should not be based either solely or to a decisive extent on anonymous statements.”



Related news

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  • “Second night of rioting in Paris suburb, Villiers-le-Bel” — Wikinews, November 27, 2007
  • “Third night of unrest is calmer in Paris suburbs” — Wikinews, November 28, 2007

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January 13, 2010

European court in Strasbourg rules UK\’s Terrorism Act in breach of human rights law

European court in Strasbourg rules UK’s Terrorism Act in breach of human rights law

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Wednesday, January 13, 2010

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An international court in Strasbourg issued a ruling yesterday that powers allowing UK police to stop and search anyone without reason are in breach of European law. The European Court of Human Rights deemed powers contained in the Terrorism Act 2000 denied the human right of privacy.

Under the European Convention of Human Rights people in the UK are granted the right to privacy, although their government felt that the threat of terrorism meant that the breach of this was justifiable and allowable under exemptions in the Convention. Previously, the powers have been unsuccessfully challenged before the English and Welsh High Court, upheld by those nations’ Court of Appeals and finally upheld again before the UK’s House of Lords.

Section 44 of the Terrorism Act allows the Home Secretary to designate an area for use of the powers for a certain period. If this period was more than a month then at the end of the month then the Home Secretary can renew them. The entirety of Greater London has spent several years with the powers in effect. Under the Act, the police do not need to have any reason to search whoever they like and have the power to confiscate articles they believe to be of use to terrorists. They can also make arrests if these are found.

Yesterday’s ruling was made in a case brought by Kevin Gillan and Pennie Quinton, both stopped outside a military exhibition in London’s Docklands area. Gillan was stopped while cycling past and kept there for twenty minutes while journalist Quinton was ordered to stop filming even after showing her press card. She claims to have been detained for roughly thirty minutes at the scene, while police claim she was there for five minutes. The court awarded €33,850 (£30,400) to cover the costs incurred by bringing the case.

UK Home Secretary Alan Johnson expressed disappointment at the ruling and stated that an appeal will be launched. Chief Constable Craig Mackey of the Association of Chief Police Officers said that while this appeal was pending Section 44 of the Act would continue to be used by police.

The court found that the humiliation and embarrassment of searching people in public was a clear breach of privacy as well as criticising that the way power was authorised did not require a test that its use be “necessary,” merely “expedient.” The court singled out London’s designation under the Act as an area where the powers could be used continuously since it became law as an example of why this was not appropriate.

Further criticism in the ruling was aimed at the idea that the decision to search could be “based exclusively on the ‘hunch’ or ‘professional intuition’ of the police officer”. The judgement added that “the absence of any obligation on the part of the officer to show a reasonable suspicion made it almost impossible to prove that the power had been improperly exercised,” with no judicial oversight. Racism was a further concern, with the court expressing a fear that the powers could easily be used in a discrimminatory manner. Four times as many blacks and Asians have been searched compared to whites.



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October 21, 2009

France confirms deportation of illegal Afghan immigrants

France confirms deportation of illegal Afghan immigrants

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Wednesday, October 21, 2009

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The French government confirmed on Wednesday that it has expelled illegal Afghan immigrants in its first joint deportation flight with the UK, in a move criticised by the opposition and human rights groups.

The deportation was widely anticipated, but the French government had refused to confirm that it would be expelling Afghan illegal immigrants until Wednesday. Immigration Minister Eric Besson told Europe One radio that three Afghan men had been put on a plane that had been chartered by the British government. The plane was also carrying illegal Afghan immigrants living in Britain.

Besson said a fourth Afghan had been slated to be expelled as well, but was held back at the last minute. He said those expelled had lost their appeals against deportation, including one before the European Court of Human Rights. He said that he will not rule out future deportation flights with Britain.

The expulsions have sparked widespread outcry on the part of human rights groups and opposition politicians, including Paris Mayor Bertrand Delanoe. The French rights group France Terre d’Asile has gathered thousands of signatures in a petition against deportation.

Marie-Helene Senay, communications director for France Terre d’Asile, said she opposed the deporting of Afghans back to their country, which has been torn by conflict, even if they do not meet asylum requirements in France.

“We think the situation in Afghanistan does not [warrant] the return of Afghan people in good security. We know the situation over there is the worst we have ever known since 2001,” she said. “We know there is still war everywhere, that the police and the security forces cannot maintain the country in a stable position. So we really wonder what kind of security we can [have] for the people we send back there.”

The French government, however, has argued that it is only trying to crack down on human smuggling rings and that illegal immigrants are given every legal recourse to remain in France. Immigration Minister Besson defended the decision, saying that “if France never sends people back, it becomes the target for people traffickers.” He added that the three men put on the flight were from the Afghan capital of Kabul, “where there is no risk for them”, and would be given monetary assistance to help them settle back into Afghanistan.



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February 20, 2009

European Court of Human Rights orders UK to compensate Islamist

European Court of Human Rights orders UK to compensate Islamist

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Friday, February 20, 2009

Cquote1.svg Whilst I am very disappointed with any award, I recognise the Court has made substantially lower awards than these men sought in view of the fact these measures were devised in the face of a public emergency. Cquote2.svg

—Jacqui Smith, British home secretary

The European Court of Human Rights has awarded €2500 to Abu Qatada, an Islamic militant and cleric, in a lawsuit he filed against the United Kingdom which detained him without trial in 2002.

Qatada, who is facing extradition to Jordan to serve a life sentence for terrorism charges, and 10 others were detained under Anti-terrorism, Crime and Security Act 2001. This act allowed foreign nationals suspected of terrorism to be detained, before being repealed in 2004 due to its discriminatory nature. The ECHR’s ruling determined the decision to detain Qatada under this law breached the ‘right to liberty and security’ secured in the European Convention of Human Rights.

The British government claimed they believed the people detained were “a threat to our national security.”

Some British politicians also objected to paying compensation to people believed to be terrorists.

Matthew Elliot, a lobbyist for the Taxpayers’ Alliance, argued: “This man hates everything Britain stands for, so it is disgusting that ordinary taxpayers are now forced to pay him thousands of pounds.”

Chris Grayling, the shadow home secretary commented: “This decision will horrify most reasonable people in the UK … it makes a mockery of the concept of human rights if we can’t protect ourselves against people who are out to destroy our society.”



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November 5, 2007

National Church of Scientology recognized in Spain

National Church of Scientology recognized in Spain

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Monday, November 5, 2007

A Church of Scientology in Madrid.

On 31 October 2007 the National Court in Madrid issued a decision recognizing that the National Church of Scientology of Spain should be entered in the Registry of Religious Entities.

The administrative tribunal of Madrid’s High Court ruled that a 2005 justice ministry decision to scrap the church from the register was “against the law.” Responding to a petition filed by the church, the ruling said that no documents had been presented in court to demonstrate it was anything other than a religious entity.

“This recognition marks the end of an era in which Spanish Scientologists were forced to fight for their rights to religious freedom. It vindicates the Church of Scientology and is a new beginning for all Spanish Scientologists,” said Ivan Arjona, spokesperson for the National Church of Scientology in Spain.

The National Court examined the Church’s formative documents and aims and purposes to determine that the National Church of Scientology of Spain has the right to be registered as a religion under Spanish law.

Last April, the European Court of Human Rights ruled that Russia had blocked Scientology from registering as a church in Moscow and ordered payment of 10,000 euros (13,000 dollars) in damages. In September, Belgium federal prosecutors announced that they had finished an investigation which would likely lead to charges against the Church of Scientology including blackmail, breaking privacy laws, unlawful practice of medicine, and formation of a criminal organisation.



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