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Jurisprudence

Democracy is Not the Rule of the Majority: Rather, It is the Rule of Law That Holds the Majority and Minority in an Equilibrium of a Unity by Virtue of Its Judiciousness Rather Than by the Sheer Force of the Many

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No parliament has the right nor can it command nor demand such a right to pass any law that dictates personal morality which belongs entirely, fully, comprehensively and inalienably with the Agency of the Human  Mind what is termed in law as The Person. The Person enters into political membership of the State without compromising its absolute integrity of being a whole and nothing but the whole Person.   This does not require much discussion for this is the fundamental basis of Jurisprudence. The State even cannot take away The Person's Membership of the State:Citizenship: let alone his:her right to make own moral choices. In this no such law can be 'legitimately' passed by any Parliament that requires or forces a Person to opt out of his:her personal morality and commits acts against his:her personal morality such a law that requires doctors to prescribe lethal medication prescription for someone, even if in severe pain and suffering, to kill himself:herself nor can such law force anyone to take part in that self annihilation even if they have to watch and observe or even prepare the person committing suicide.

Jurisprudence
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

China: 22 States Jointly Condemn the Country’s Suppression of Minorities in Xinjiang

 

 

 

|| Thursday: July 11: 2019 || ά. In an unprecedented move, a cross-regional group of 22 States have urged China to uphold its international obligations and to allow independent observers to access and investigate grave human rights violations in Xinjiang. In a joint letter, addressed to the UN High Commissioner for Human Rights and the President of the Human Rights Council, ambassadors from 22 States from across Asia Pacific, Western and Eastern Europe and North America have expressed collective concern over widespread surveillance, restrictions to freedom of religion and movement and large-scale arbitrary detention of Uyghurs and other minorities in Xinjiang.

The joint letter was sent on behalf of Australia, Canada, Japan, New Zealand, Iceland, Norway, Switzerland and 15 EU States, including, Germany, the UK and the Netherlands. They have urged China to uphold its national laws and international obligations, and called for meaningful access to Xinjiang for independent observers, including, the High Commissioner, as International Service for Human Rights:ISHR has consistently pushed for. ISHR welcomes this significant and positive step towards accountability and action by the Human Rights Council and the High Commissioner.

It comes at a time where China is deploying vast diplomatic and propaganda efforts to rebuke what it deems as ‘Western hypocrisy’ and legitimise grave rights violations in Xinjiang, against findings by the High Commissioner herself.

The joint letter sends a clear message that the Council membership does not shield any State from its international obligations. On the contrary, as a Council member, China must uphold the highest standards in promoting and protecting human rights and fundamental freedoms and fully co-operate with the Council.

Welcoming the joint letter, ISHR Director Mr Phil Lynch said, ‘’It is significant and positive that 22 States have joined together to express concern about the widespread arbitrary detention, as well as, the systematic racial and religious discrimination, against Uyghurs and other Turkic Muslims and minorities in Xinjiang.

These violations, possibly amounting to crimes against humanity, must be, fully and independently investigated, with both individual and Chinese State actors held to account. We urge the principled and courageous governments, that have signed this letter, to follow up through bilateral pressure and, unless there is substantial improvement in the meantime, also, through collective action in the form of a resolution when the Council next convenes in September.’’

Strong evidence of grave and widespread violations in Xinjiang has been consistently documented in a growing body of UN reports, including, from the Special Procedures and from the Committee on the Elimination of Racial Discrimination:CERD in its August 2018 review of China.

In a statement delivered last week under Human Rights Council agenda item four, the Chinese delegation stated it had ‘always called for constructive dialogue and co-operation’. Yet, for such calls to be credible, they, must, result in meaningful co-operation by China with all UN human rights mechanisms, including, the effective implementation of CERD recommendations, as urged by the letter signatories. This includes the timely submission of its follow-up report to the Committee by the end of August.:::ω.

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International China Tribunal Finds: Human Organ Harvesting and Transplant Crimes Are Taking Place in China: It Is Time the World Makes a Stand and Deals with This Barbaric Crime Against Humanity

 

 

 

|| Tuesday: June 18: 2019 || ά. The China Tribunal, chaired by Sir Geoffrey Nice QC, has reported its Final Judgment on Monday, June 17, following worldwide accusations of forced organ harvesting in China. The China Tribunal is an independent, international people’s tribunal with members from the US, UK, Malaysia and Iran bringing expertise in international human rights law, transplant surgery, international relations, Chinese history and business. Over the past 12 months this non-partisan body has been working to determine what criminal offences, if any, have been committed by relevant state or state-approved bodies, organisations or individuals in China who may have been involved in forced organ harvesting.

The Tribunal has reviewed all available evidence and held hearings in December 2018 and April 2019 where over 50 fact-witnesses, experts, investigators and analysts testified. The Tribunal's judgment and report have thrown a glaring light on a 20 year long controversy as to whether forced organ harvesting from ‘prisoners of conscience’ has been taking place. Sir Geoffrey Nice QC, Tribunal Chairman, quoting from the Judgment said, “Forced organ harvesting is of unmatched wickedness, on a death for death basis, with the killings by mass crimes committed in the last century.”

::: Mass murder in peacetime :::

Over 01.5 million people are detained in prison camps throughout China.  Many of those detained are murdered for their forcibly extracted organs. These are delivered on demand to the Chinese transplant trade, which is estimated to boost the Chinese economy by $01 billion per annum. In 2001, the first series of reports of forced organ extraction from prisoners of conscience came to light. However, recent witness testimonies suggest the practice began even earlier. From 2000, there was an explosion of organ transplant activity in China, with unusually short waiting times.

Chinese websites advertised hearts, lungs and kidneys for sale for advance bookings, indicating that victims were killed on demand. There were reports of large volumes of transplant operations taking place in China. The nature and scale of this transplant activity led to global accusations that the organ supply for these operations could not possibly have been sourced solely from a legal donation process or death row prisoners, as China had claimed.

According to Mr David Kilgour, the former Canadian Secretary of State, who testified at the Tribunal’s April 2019 hearings, “The evidence is overwhelming that this terrible trafficking in human organs is going on. And is increasing in fact, across China.”

::: The Bloody Harvest :::

Despite China consistently dismissing the allegations, the independent Tribunal has heard from fact witnesses, experts and investigators that prisoners of conscience, Falun Gong practitioners, have continued to be killed to order for the purposes of extracting and transplanting their organs. Organ extraction operations have been performed while the victims are still alive, killing the innocent person in the process.

One witness, Dr Enver Tohti, recounted his experience in China as a surgeon, who had been required to perform organ extractions at a time when the industry was just beginning to grow, “What I recall is with my scalpel, I tried to cut into his skin, there was blood to be seen.  That indicates that the heart was still beating. At the same time, he was trying to resist my insertion but, he was too weak.”

In addition to years of imprisonment without fair trial, brutal living conditions, torture and the threat of death, survivors gave evidence about being subjected to physical examinations, including, blood tests, x-rays and ultrasounds. Experts report that the only reasonable explanation for these examinations was to ensure that victims’ organs were healthy and fit for transplantation. A healthy liver, for example can reportedly be sold for $160,000. The deadly nature of this organ trade leaves no survivors.

::: Willful blindness in the developed world :::

Despite the huge volume of evidence, the international community, to date, has largely turned a blind eye to forced organ extraction in China. Many medical institutions and universities worldwide are thought to be actively collaborating with China in transplant medicine, research and training.

::: An Urgent Call to Action :::

The International Coalition to End Transplant Abuse in China:ETAC has issued a ‘Call to Action’ to the international community to play its part in helping bring to an end the horrific illegal practice of forced organ extraction from innocent victims and the immoral organ trade that it fuels. 

Ms Susie Hughes, the Executive Director and Co-Founder of ETAC, said, “It is no longer a question of whether organ harvesting in China is happening, that dialogue is well and truly over. We need an urgent response to save these people’s lives.”

“To that end, we must: hold China to account for its Crimes against Humanity; immediately stop all transplant related collaboration with China : At a policy level in all universities, hospitals and transplant related organisations : prevent our own citizens from participating in transplant tourism to China and introduce legislation that specifically prohibits transplant tourism.

“It is horrendous to think that many of our hospitals and universities are, perhaps unknowingly, complicit in these hideous crimes.”

About the China Tribunal: The China Tribunal has concluded the consideration of oral evidence from fifty witnesses, large volumes of written and video evidence over a period of a year, including, two hearings over a total of five days. The Tribunal was established to determine what criminal offences, if any, had been committed by state or state-approved bodies, organisations or individuals in China, that, may, have engaged in forced organ removal.

The Tribunal was chaired by Sir Geoffrey Nice QC, who was assisted by six other panel members with backgrounds in international law, medicine, business, international relations and Chinese history. Further information about the panel members can be viewed on chinatribunal.com/who-we-are. The Counsel to the Tribunal was Mr Hamid Sabi, a London-based lawyer with an international practice in human rights, arbitration and litigation. Mr Sabi has previously acted as Counsel and Rapporteur to the Iran Tribunal, an independent people’s tribunal that investigated mass killings of political prisoners by the Islamic Republic of Iran in the 1980s.

About the International Coalition to End Transplant Abuse in China:ETAC: ETAC is a coalition of lawyers, academics, ethicists, medical professionals, researchers and human rights advocates dedicated to ending forced organ harvesting in China. ETAC was established as an independent, non-profit organisation in 2017 and has become a leading international organisation on the issue. ETAC’s formation followed a build-up of many reports from eminent bodies which indicated that China’s transplant practices potentially amounted to international criminal offences. 

Though TAC initiated it the China Tribunal remains independent of it. Further information on ETAC on endtransplantabuse.org

About Forced Organ Harvesting: Forced organ harvesting is a form of organ trafficking, in which people are killed specifically for extraction of their organs. The transplant recipients in China include Chinese nationals, as well as, substantial numbers of international transplant tourists, who travel to China in order to receive an organ at a substantial cost, for example, a liver transplant can cost $160,000 but with a greatly reduced waiting time. Recipients from the US, Europe and Asia are generally thought not to be aware that the source of their transplant has been via the murder of an innocent ‘donor’ held in concentration camps, whose organs are matched and removed to order.

Persecution of Prisoners of Conscience: The term ‘prisoners of conscience’ refers to innocent people, who have been imprisoned for holding social, political or religious views, that are not tolerated by relevant authorities, in this case, the People’s Republic of China, despite its protestations of religious freedom. An established state of persecution has now been created in China with an estimated 01.5 million prisoners of conscience in detention at any one time. Detainees include House Church Christians and Tibetans but, primarily, it is Falun Gong practitioners and Uyghur Muslims, who have been the most affected to date.

Falun Gong is a traditional Chinese spiritual discipline of the peaceful ‘Buddha School’. By 1999, officials estimated that the Falun Gong population in China numbered approximately 70 million. Falun Gong’s growing popularity alarmed Chinese state officials, generating a 1999 nationwide crackdown to eradicate the practice. This saw the creation of the 610 Office, an extrajudicial security agency established by the Chinese state to completely eradicate Falun Gong practitioners. Find further information about the 610 Office on freedomhouse.org/article/610-office-policing-chinese-spirit-0. Scholars estimate that perhaps over a million Falun Gong practitioners have been in custody at any given time in the country’s vast network of detention camps. In 2006, systematic reports of forced organ extraction from prisoners of conscience came to light, providing a grisly explanation for the source of organs underpinning the dramatic nationwide expansion of China’s organ transplantation sector.

The current mass incarceration of Uyghurs in Xinjiang appears to be providing a new pool of victims for forced organ harvesting. Witnesses to the Tribunal reported brutal detention conditions in Xinjiang detention camps, along with the familiar pattern of blood tests, organ scans and disappearance of prisoners, who had been tested. Meanwhile Kashgar airport has a priority lane for human organ exportation, a grisly sign of the volume of organs taken from murdered Uyghur prisoners of conscience.

China’s Organ Transplant Industry: China’s organ trade is estimated to have a market value of $01 billion per annum. China’s organ transplant industry has been developed on a very large scale with significant investment into hospitals , medical personnel and other infrastructure.

In 2000, coinciding with the beginning of the persecution of Buddha School Falun Gong, China’s organ transplantation industry exploded in activity. Vital organs became readily available within a matter of days, while reports of ‘emergency’ livers being sourced within 4 hours began to emerge. State-run hospitals and hundreds of independent websites began advertising incredibly short wait times for transplant operations involving hearts, livers, kidneys and corneas, and the mass market sale of organs. The waiting time for transplants ranged from a matter of hours to a number of days, a timeframe, which no other national transplantation system in the world has ever been able to achieve. From this time, global accusations began to emerge alleging that China’s organ supply for transplant operations could not possibly have been sourced purely from a legal, voluntary donation process.

China’s Official Response: In response to widespread accusations, the Chinese Government has presented a changing and inconsistent narrative to explain the source of organs to the world. In 2001, an official statement from a Chinese official claimed that the ‘major source of human organs comes from voluntary donations from Chinese citizens’. However, only four years later, the official statement shifted to claim that the majority of organs were sourced from death row prisoners who had given their consent. As reports of forced organ extraction from China’s most vulnerable prisoners continued to spread, the official statement did not waiver despite mass accusations of a barbaric illegal state-sponsored organ trade. It is estimated that at least, 60,000 transplant operations took place annually during this period in China from 2000.

Thousands of China’s most vulnerable and peaceful citizens were beaten, tortured and murdered before having their organs removed to supply the booming transplant trade. China now claims that since January 01, 2015, the source of organs in China is solely volunteer donors. Despite this, senior officials have admitted to the ongoing use of organs from non-volunteers, while China has resisted publishing any hospital data, transplant registries or official statistics which would allow their claims to be verified. There are growing doubts in the academic and medical world that China’s vast transplant trade is sourced solely from a legal volunteer donation programme. The scale of that trade is certainly being materially underreported by the authorities in China. Medical institutions, universities and intermediaries that collaborate with China on transplant-related issues risk complicity, making it urgent for review of these practices.

International Response: Since the publication of the initial reports concerning forced organ harvesting in China, a number of countries have already taken a firm position.  These range from legislatures passing resolutions condemning the practice, to enacting legislation to ban their citizens from travelling abroad to seek organ transplants in jurisdictions with potentially weaker standards and safeguards than in their home countries.  As yet, however, neither the US nor the UK, have taken any legislative action in this regard, although the US House of Representatives has passed a resolution demanding the end of forced organ harvesting and the issue has been raised in brief discussion by the UK Government. In contrast, Italy, Spain, Israel, Taiwan and Norway have successfully introduced laws banning their citizens from participating in ‘organ tourism’.  Israel’s Organ Transplant Act prohibits insurance companies from reimbursing the cost of transplants carried out in other countries.  Canada is in the process of formally ratifying its own legislation. Further details regarding the above legislation can be viewed on endtransplantabuse.org/legislation.

The European Parliament has passed a resolution in 2013 expressing, ‘deep concern over persistent and credible reports of systematic, state-sanctioned organ ‘harvesting’ from non-consenting prisoners of conscience in the People’s Republic of China, including from large numbers of Falun Gong practitioners imprisoned for their religious beliefs, and members of other religious and ethnic minority groups’. Read on europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2013-0603+0+DOC+XML+V0//EN

The US House of Representatives and a number of state legislatures have also passed resolutions demanding the end of forced organ ‘harvesting’ and ‘organ tourism’.  The US House of Representatives, passed Resolution 343 on June 12, 2016, which ‘condemns the practice of state-sanctioned forced organ ‘harvesting’ in the people’s republic of China’ and ‘demands an end to the 17 year persecution of the Falun Gong spiritual practitioners imprisoned for their religious beliefs, and members of other religious and ethnic minority groups’. Read on congress.gov/bill/114th-congress/house-resolution/343/text. Individual US state legislatures that have passed similar resolutions include Missouri, Arizona, Pennsylvania and Illinois.

On March 2015, 14 countries in Europe, including the UK, signed the Council of Europe Convention Against Trafficking in Human Organs, which states, “Each party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally, the removal of human organs from living or deceased donors.” Article 4: illicit removal of human organs. Read on coe.int/en/web/conventions/full-list/-/conventions/treaty/216

This was reinforced with Written Declaration on July 28, 2016, which demanded an, ‘independent investigation into ongoing organ ‘harvesting’ in the People’s Republic of China’, following ‘persistent credible reports on systemic, state-sanctioned organ harvesting from non-consenting prisoners of conscience’: read on europarl.europa.eu/sides/getDoc.do?type=PV&reference=20160912&secondRef=AN-02&language=EN        

Additional Information: Further reading material reviewed by the Tribunal including reports and investigations can be accessed on chinatribunal.com/reading-material

Read the Final Judgement in Brief of the China Tribunal, delivered by Sir Geoffrey Nice and the China Tribunal panel in London’s Connaught Rooms on the morning of June 17, 2019:::ω.

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We Shall Not Be Climate Refugees in Our Own Lands: Deal With Climate Change: Let the World’s Humanity Follow These Islanders’ Footsteps Across the Earth to Use All Existing Legal Avenues to Force States and Governments to Act Instead of Running a Puddle-Circus While Human Existence Is Eaten Away

 

 

 

 

 

 

 

|| Tuesday: June 04: 2019 || ά. Client Earth is supporting a group of indigenous Australians as they battle to save the islands, that have been home to their unique culture for thousands of years. The Agency is helping the group to launch a world-first complaint against their government for failing to act on climate change. They’re pressing for immediate action: without it, they are at risk of becoming climate refugees in their own country.

The Torres Strait is a hidden jewel north of mainland Australia. It is home to one of the world's oldest living cultures but rising tides are already flooding homes, lands and cultural sites. The situation will continue to get worse as the effects of climate change ratchet up. The people of the Torres Strait are facing the devastating prospect of their Islands disappearing beneath the waves.

With the support of Client Earth, a group of eight Torres Strait Islanders are taking legal steps to fight and save their idyllic island home. A complaint has been submitted against the Australian government to the United Nations Human Rights Committee. It alleges that the effects of Australia’s insufficient plans to reduce greenhouse gas emissions and its failure to fund coastal defences constitute a violation of their human rights.

The Islanders hope that the case will force the Australian government to act. They need coastal defence measures to tackle the rising tides, that are happening today. And they are urging politicians in Canberra to reduce Australia’s greenhouse gas emissions and limit the impact in the future.

‘’We are proud to be working with the group of Islanders in the battle to save their unique culture. In order to do that, we have developed an approach, that is legally ground-breaking. Our hope is that, as well as, helping the people of the Torres Strait, it will, also, help others affected by climate change as they seek to hold their governments to account for their failure to act.’’ says Ms Sophie Marjanac, of Client Earth.:::ω.

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Migrants and Asylum Seekers Detained in Hungary: Deliberately Deprived of Food: OHCHR

 

 

 

|| Friday: May 03: 2019 || ά. The UN Human Rights Office:OHCHR said on Friday that it was alarmed by reports that migrants and asylum seekers, who were being held in Hungarian detention centres were being ‘deliberately deprived of food in contravention of international laws and standards’. OHCHR Spokesperson, Mr Ravina Shamdasani, told reporters in Geneva that under existing laws in Hungary, migrants and asylum seekers, who were undocumented, were immediately detained in transit zones during the asylum procedure or until they could be sent back to their country of origin.

“We are concerned by the absence in these transit zones of meaningful individualised procedures, which are required to ensure deprivation of liberty is an exceptional measure and that all risks prohibiting a person’s return, are taken into account.” she said. She said that once Hungarian authorities began proceedings to expel ‘rejected’ applicants, they stop giving food to them. “Pending the enforcement of the expulsion, adults, with the sole exception of pregnant or nursing women, are deliberately deprived of food, which can lead to malnutrition and is both detrimental to their health and inherently inhumane.”

Ms Shamdasani said that since last August, at least 21 migrants awaiting deportation had reportedly been deprived of food in this way, some for up to five days. 

“We note that the Hungarian authorities had promised to end this practice, following an interim measure by the European Court of Human Rights. However, we regret that, in the absence of a clear change in the legal framework, reports suggest the practice is continuing. she said.

She said that, if, migrants were arbitrarily detained in inadequate conditions or facing coercion, that would render any returns involuntary.

The OHCHR Spokesperson reminded all States, of their obligation and heightened duty of care towards migrants, who are deprived of their liberty, including, through the provision of food.

“We encourage Hungary to ensure it fulfils its human rights obligations towards those deprived of liberty, ‘regardless of whether they are in transit zones or any other place where migrants are detained and can not provide for themselves’.:::ω.

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A society that does not admit of and accommodate differences can not be a free and democratic society, one in which its citizens are free to think, to disagree, to debate and to challenge the accepted view without fear of reprisal. This case demonstrates that a well-intentioned majority acting in the name of tolerance and liberalism, can, if, unchecked, impose its views on the minority in a manner that is, in itself, intolerant and illiberal: The Canadian British Columbia Court of Appeal on upholding lower court ruling that reversed the Law Society of British Columbia’s denial of accreditation to Trinity Western University’s proposed law school on November 01: 2016

 

Year Delta Arkive 2018-19

Year Gamma Arkive 2017-18

Year Beta Arkive 2016-17

Year Alpha Arkive 2015-16

Life's Laurel Is You In One-Line-Poetry A Heaven-Bound Propagated Ray Of Light Off The Eye Of The Book Of Life: Love For You Are Only Once

 

 

Life: You Are The Law The Flow The Glow: In Joys In Hurts You Are The Vine-Songs On The Light-Trellis

 

 

 

 

   
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

|| All copyrights @ The Humanion: London: England: United Kingdom || Contact: The Humanion: editor at thehumanion.com || Regine Humanics Foundation Ltd: reginehumanics at reginehumanicsfoundation.com || Editor: Munayem Mayenin || First Published: September 24: 2015 ||
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