The Arkive
 
|| Year Delta: London: Monday: September 24: 2018: We Keep On Walking On The Path of Humanics ||
First Published: September 24: 2015
VII London Poetry Festival 2018: Sunday-Monday: October 14-15: 19:30-22:00
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Humanion

 

 

The Humanion UK Online Daily

 

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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

|| Jurisprudence Arkive Year Alpha and Year Beta ||

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
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hungary is Not the European Union and The European Union Is Never Ever Going to Be Anything Remotely Like Today’s Hungary: Triggering Article Seven Proceedings the European Union Has Shown That There IS a Time to Make a Stand

 

 

|| September 13: 2018: Amnesty International News || ά. Reacting to the decision of the European Parliament to trigger Article Seven proceedings for Hungary, Mr Berber Biala-Hettinga, Amnesty International’s expert on human rights in the EU, said, “A resounding majority of MEPs today rejected and condemned the retrograde policies of the Hungarian government, which are taking Hungary away from the path of shared EU values. Hungary firmly belongs in the EU but xenophobia and disrespect for fundamental freedoms and rights most certainly do not.

Today, European Parliamentarians stood up for what is right. European Member States must now follow suit and take urgent action before Hungary slides towards arbitrary rule beyond the point of no return.” On September 12, Members of the European Parliament:MEPs voted to back a proposal to trigger proceedings under Article 07.1 of the Treaty of the European Union in response to concerns over the country’s alarming backslide on fundamental rights and the rule of law. Article Seven TEU enables the EU to promote and safeguard its founding principles, such as, the rule of law and respect for fundamental rights and freedoms.

If, the European Council is unanimous in finding the government of Hungary to be in ‘serious and persistent breach’ of the EU’s founding principles, Article Seven proceedings could ultimately lead to sanctions, such as, a suspension of Hungary’s voting rights in the Council.

Countless organisations, including, the European Commission, UN bodies and the Council of Europe, as well as, civil society organisations in Hungary and elsewhere in the EU, have repeatedly drawn attention to the failure to uphold fundamental rights and the rule of law in Hungary over the past years.

Amnesty International, the Hungarian Helsinki Committee and the Hungarian Civil Liberties Union have all drawn attention to alarming developments since the renewed electoral victory of the ruling party Fidesz in the April 2018 elections.

The report on which the MEPs voted on September 12 listed numerous reasons for serious concern in Hungary. They included concerns related to the functioning of the country’s constitutional system, the independence of the judiciary, freedoms of expression and freedom of association, as well as, the right to equal treatment, the rights of people belonging to minorities, including, Roma and Jews and the fundamental rights of migrants, asylum-seekers and refugees and many more. :::ω.

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Myanmar Military Leaders Must Face Genocide Charges: For the Crimes of Murder Rape Torture Sexual Slavery Persecution and Enslavement: United Nation Report

 

 

 

|| August 27: 2018 || ά. Senior military commanders in Myanmar should be investigated and prosecuted for the ‘gravest’ crimes against civilians under international law, including, genocide, United Nations-appointed investigators said on Monday. The development follows the release of a report into the circumstances surrounding the mass exodus of more than 700,000 Rohingya people from Myanmar, beginning in mid-August last year, events previously described by the UN High Commissioner for Human Rights as a ‘textbook example of ethnic cleansing’.

The crimes committed include murder, rape, torture, sexual slavery, persecution and enslavement, according to the Independent International Fact-Finding Mission on Myanmar. Speaking to journalists in Geneva, the investigators, Mr Marzuki Darusman, Ms Radhika Coomaraswamy and Mr Christopher Sidoti, underlined the horrific and organised nature of the brutality meted out on civilians in Myanmar’s Rakhine state since 2011, as well as, Kachin and Shan states. “The fact-finding Mission has concluded, on reasonable grounds, that the patterns of gross human rights violations and serious violations of international humanitarian law that it is found, amount to the gravest crime under international law.” Mr. Sidoti said.

“These have principally been committed by the military, the Tatmadaw.” he added, referring to Myanmar’s armed forces. “The Mission has concluded that criminal investigation and prosecution is warranted, focusing on the top Tatmadaw generals, in relation to the three categories of crimes under international law; genocide, crimes against humanity and war crimes.”

Included in the list of alleged perpetrators are Commander-in-Chief Senior-General Min Aung Hlaing and five other commanders. “In Myanmar, there is a very clear chain of command.” Mr. Sidot explained and said, “There is no doubt in our minds whatsoever that what we saw happen in Rakhine as a whole, would not have happened without it, firstly, being within the knowledge of the senior military leadership and secondly, under their effective control. And it’s because of the clarity of the chain of command in Myanmar that we have recommended the investigation and prosecution of these six.”

Of well over 800 testimonies gathered, one in particular highlighted the extent of the abuse, that of a survivor, who fled to neighbouring Baangladesh. “I was lucky, I was only raped by three men.” she is quoted as saying. Such was the extent of the horrific violations that Ms. Coomaraswamy, a former UN Special Representative for Children and Armed Conflict, said that she was shocked by what she had found. 

“The scale, brutality and systematic nature of rape and violence indicate that they are part of a deliberate strategy to intimidate, terrorise or punish the civilian population.” she said. “They’re used as a tactic of war that we found include rape, gang rape, sexual slavery, forced nudity and mutilations.”

Before the fact-finding Mission delivers its findings to the Geneva-based UN Human Rights Council in September, Chairperson Mr Marzuki Darusman highlighted that one of the panel’s key recommendations required the attention of the UN Security Council:

“The Mission called for the situation in Myanmar to be referred to the international criminal court and that, of course, is the task of the Security Council to undertake. And so, the message to the Security Council is, of course, ‘Refer Myanmar to the International Criminal Court.'' .:::ω.

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Human Rights: Bigger Better and More Inclusive: Kumi Naidoo Takes the Leadership of Amnesty International

 

 

 

|| August 19: 2018 || ά. Amnesty International’s first ever South African Secretary General sets out his vision for the direction of the world’s largest human rights organisation as he starts his tenure visiting Johannesburg: The human rights movement needs to be bigger, bolder and more inclusive, if, it is to tackle the challenges, that people face today.’’ said seasoned activist Mr Kumi Naidoo as he officially started his role as Secretary General of Amnesty International.

“Our world is facing complex problems, that can, only, be tackled, if, we break away from old ideas, that human rights are about some forms of injustice, that people face but not others. The patterns of oppression, that we’re living through, are interconnected,” said Mr Naidoo. “You can not talk about the climate change crisis without recognising that it is, also, an inequality and race issue; you can’t address sexual discrimination without recognising that it is bound up in the economic exclusion of women and you can’t ignore the fact that people’s civil and political rights are, often, suppressed, exactly, when they are trying to demand basic economic justice.”

‘’Amnesty International has, repeatedly, warned that we are living through some of the most divisive times in modern history, with prominent leaders offering a nightmarish vision of society blinded by hatred and fear. Only, if, we come together under the common values, that unite us, like human rights, can we overcome this adversity.’’ he said.

“In my first message as Secretary General, I want to make clear that Amnesty International is now opening its arms wider than ever before to build a genuinely global community, that stretches into all four corners of the world, especially, in the global south. I want us to build a human rights movement, that is more inclusive. We need to redefine what it means to be a human rights champion in 2018. An activist can come from all walks of life, a trade union, school, faith group, government or indeed business.” said Mr Naidoo.

“I want young people to know, especially, that we are open to you and need you to challenge us to do better by you. It is my abiding belief that young people are not the leaders of tomorrow, but the leaders we need here and now. The Ahed Tamimis, the Elin Erssons, the Sibongile Ndashes, and every single person, that has not shied away from civil disobedience or being called naïve or idealistic are the bold role models we need today.

Amnesty International was built on the idea that people, regardless of where they are or who they are, take the injustice, that other people face personally. And it has proved, time and time again, that, when strangers come together to fight for people, that they have never met across the other side of the world, change is possible.

Now, more than ever, we need people to come together and stand up to oppressors. I invite people, who care about the present and future, for people, who care about their children and grandchildren, for people, who take injustice personally, to join us. Amnesty International needs your voice, your participation and your presence in our movement to make human rights a reality.”

‘Paying tribute to Amnesty International’s former Head Mr Naidoo said, “I want to thank Salil Shetty for the contributions he has made to Amnesty International over the past eight years and for his work on strengthening our presence throughout the world. I hope to build and expand on his legacy to ensure that we become a united global movement.”

Mr Kumi Naidoo is a life-long social justice campaigner hailing from South Africa. Born in Durban in 1965, his first taste of activism came at age 15, when he organised and took part in an anti-apartheid protest, that saw him expelled from his school. From there he became deeply embedded in activism in his local community and organising mass mobilisations against the apartheid regime. In 1986, at the age of 21, he was charged for violating the state of emergency regulations. He was forced to go underground, before deciding to live in exile in the UK, where he stayed until Nelson Mandela was released and liberation movements were unbanned.

As the apartheid regime crumbled, Mr Naidoo returned to South Africa in 1990 to work with the African National Congress. There, he took up a cause close to his heart: education, specifically, adult literacy campaigns and voter education efforts to empower historically and systematically disenfranchised communities.

He has held multiple leadership roles but his time as Executive Director of Greenpeace International cemented his reputation as a bold activist, who championed civil disobedience, most notably, when he was arrested for scaling a Greenlandic oil rig to hand-deliver a petition in protest of drilling in the Arctic in 2011. A year later he occupied a Russian oil rig in the Barents Sea in the Russian Arctic.

His most recent role has been as a Co-founder and Interim Chair of the Pan-african organisation, Africans Rising for Justice, Peace and Dignity. The group, which has forged partnerships across trade unions, religion and civil society, aims to change the fact that, while the Africa as a continent has benefitted from economic growth, Africans themselves have not shared in that increasing wealth and power.

It was seeing a letter, that Nelson Mandela had written to Amnesty International in 1962, thanking the organisation for sending a representative to observe his trial, that inspired Mr Naidoo to apply for the role as the global head of Amnesty.

On the eve of taking up his new role at Amnesty International, he  returned to where his story began, by paying a visit to Chatsworth Secondary School in Durban, where he was expelled from in 1980. Speaking to the children at the morning assembly, he said, “Do not accept your voice does not matter, do not wait until tomorrow to exercise leadership since, if, you wait, there will be no tomorrow. And remember that service to humanity brings you the greatest happiness." 

The Secretary General is the leader and main spokesperson for Amnesty International and the Chief Executive of its International Secretariat. Amnesty International is the largest human rights movement globally, with a global presence, including, offices in more than 70 countries, 2,600 staff and seven million members, volunteers and supporters worldwide.

The Secretary General is appointed by the International Board of Amnesty International for an initial four-year term. The appointment followed an extensive global search. Mr Kumi Naidoo has held multiple leadership roles including Chair of the Global Call for Climate Action, Founding Chair of the Global Call to Action against Poverty and Secretary General and CEO of CIVICUS, the World Alliance for Citizen Participation.

Mr Naidoo succeeds Mr Salil Shetty, who served two terms as Secretary General from 2010. ::::ω.

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Poland: Attempts to Oust the Current Supreme Court President Must Be Rejected: Amnesty International

 

 

|| July 29: 2018: || ά. On July 24, ahead of the Senate vote on a bill, that would further undermine judicial independence by making it easier for the government to replace the President of the Supreme Court of Poland, Ms Iverna McGowan, the Director of Amnesty International European Institutions Office, said, “This cynical attempt to speed through a law just so the President of the Supreme Court, Ms Małgorzata Gersdorf, can be ousted before European Commission action can be taken, must be resolutely rejected.

The passing of this bill, part of a deliberate attempt to undermine the independence of the judiciary by subjecting it to political influence and control, will strip away what are some of the last remaining vestiges of judicial independence. Legal proceedings launched by the European Commission into the law, which will force Supreme Court judges to retire early, must be, allowed to run their course.

Poland’s Senators should reject this bill, the President should not sign it and the European Commission immediately request interim measures to prevent the further devastation of Poland’s judiciary.” :::ω.

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Japan’s Deathly Business: The Taking of a Life in Retribution IS Never the Answer: It IS High Time for the Japanese Authorities to Establish an Immediate Moratorium on All Executions and Promote an Informed Debate on the Death Penalty as First Steps Towards Its Abolition

 

 

 

|| July 29: 2018 || ά. Japan’s recent spate of executions will not make the country safer and fails to address why individuals were attracted to a cult, which orchestrated a series of horrific crimes, Amnesty International said, following the executions of a further six members of the religious cult Aum Shinrikyo, Aum on Thursday. This July has now seen 13 people executed for their involvement in the deadly 1995 sarin gas attack on the Tokyo subway, which killed 13 people and injured thousands more, as well as, other illegal activities.

The last time Japan executed more than 10 people in a year was in 2008. It is, also, extremely rare for Japan to carry out two rounds of executions in the same month. “This unprecedented execution spree, which has seen 13 people killed in a matter of weeks, does not leave Japanese society any safer. The hangings fail to address why people were drawn to a charismatic guru with dangerous ideas.” said Mr Hiroka Shoji, East Asia Researcher at Amnesty International. 

“The taking of a life in retribution is never the answer. It is high time for the Japanese authorities to establish an immediate moratorium on all executions and promote an informed debate on the death penalty as first steps towards its abolition.”

The six people executed in the early hours of Thursday morning were: Satoru Hashimoto, Yasuo Koike, Hayashi, Kenichi Hirose, Kazuaki Okazaki, Miyamae, Toru Toyota, Masato Yokoyama.  Four of those hanged had requests for a retrial pending.

Amnesty International opposes the death penalty in all cases without exception regardless of the nature of the crime, the characteristics of the offender or the method used by the state to carry out the execution and has been campaigning for abolition of the death penalty for more than 40 years. :::ω.

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The Latest Equality and Human Rights Commission Report: Pressing for Progress: Women’s Rights and Gender Equality in 2018 in the UK: The Long Winding Road of Much Much More Needs to Be Done

 

 

 

|| July 24: 2018 || ά. Women are still being failed in many areas of life, the Equality and Human Rights Commission has warned in its largest ever review of women’s rights. In its new Report, Pressing for Progress: Women’s Rights and Gender Equality in 2018, which was being presented to the United Nations in Geneva  yesterday, The Commission says that more action is needed to better protect women and girls from violence.

The Report sets out a number of concerns and recommendations, including, better support for survivors of domestic violence, higher prosecution and conviction rates for violent crimes against women and girls and a review of hate crime legislation. The Report, also, emphasises the importance of ensuring that there is no regression in equality and human rights protections as a result of the changes introduced as the UK  leaves the EU and that the country does not lag behind future developments in equality and human rights.

The Report further highlights that funding for women’s services, may, decrease as a result. Ms Rebecca Hilsenrath, the Chief Executive of the Equality and Human Rights Commission, said, 'There is a lot to celebrate in terms of the awareness and realisation of women’s rights right now: it’s been 100 years since some women got the vote, forced marriage has been criminalised and we’ve seen great strides in the workplace through shared parental leave and the successful introduction of gender pay gap regulations.

The Report has called for the following changes to end violence against women and girls:

ensuring police take a victim-centred approach when dealing with sexual violence and consent and improve the reporting and prosecution and conviction rates of sexual violence and domestic violence crimes

strengthening support services for survivors of violence, including, those, that provide specialist services to Black and ethnic minority women, disabled women and women with complex needs

improving the police response to so-called ‘honour-based’ violence

developing a sustainable funding model for refuges and domestic abuse services and withdrawing proposed changes to housing benefit, that would prevent women from using it to pay for refuge accommodation

providing funding to community groups working closely with communities where FGM is practiced and ensuring that all relevant publicsector professionals receive mandatory training in how to identify and support women and girls affected by FGM and other harmful practices

committing to a full-scale review of hate-crime offences and enhanced sentencing powers and consider amending hate crime legislation to extend protections on the basis of gender

putting forward legislation to end the cross-examination of survivors of domestic violence by their perpetrators in the family courts

offering Universal Credit as single payments to individuals rather than joint payments to avoid exacerbating financial abuse for women experiencing domestic violence

reconsidering the ‘spare room subsidy’ regulations, which discriminate against survivors of domestic abuse, who have safe rooms

introducing a mandatory duty on employers to take reasonable steps to protect workers from harassment and victimisation in the workplace

introducing a statutory code of practice on sexual harassment and harassment at work

investigating ways of reducing barriers to women’s participation in politics, such as, the intimidation of female MPs and making it easier for domestic abuse survivors to register to vote anonymously

improving data collection and understanding of sexual harassment and sexual violence in schools, disseminate guidance and improve teacher training on how to recognise and address such behaviour

This review has further highlighted the continued need to tackle discrimination in the workplace and ensure just and fair conditions of work. The recommendations include prohibiting employers asking job applicants questions related to pregnancy and maternity, following the research into employers’ outdated employment practices; addressing problems with the availability and affordability of properly regulated childcare; and legislating to extend the right to request flexible working to apply from day one in all jobs.

Following a worrying rise in self-harm in women’s prisons and ongoing concerns around the treatment of women in immigration detention, the regulator is, also, calling for the greater use of community sentences for women, better access to mental health services and a time limit on how long women can be held in immigration detention. 

The full report and list of recommendations have been submitted to the United Nations as part of its review into the UK’s women’s rights record.

Read the Report

Caption: Dr Nadia Masood: Image: BMA:::ω.

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Why are Companies Let to Take Citizens Exercising Their Fundamental Democratic Rights to Court So That Their Rights Could Be Curtailed by Injunctions: This Can Not Be Let to Continue and The Humanion Invites the Parliament’s Relevant Committee to Urgently Investigate This Alarming and Unacceptable Practice Being Abused: UKOG Back Off




|| June 26: 2018 || ά. No wonder Mr Keith Taylor, the Green MEP for the South East is supporting six 'brave and courageous' women from Sussex and Surrey due at the High Court on either July 02 or 03 to 'defend their right to peaceful protest' against UK Oil and Gas:UKOG. The entire Houses of Parliament should support these citizens, in this case, all women, for as citizens they have the fundamental democratic, civic and lawful rights to peaceful and legitimate protest against activities by any one or any agency, that is detrimental to public health and safety and that endangers and curtails human, civic and fundamental rights. For exercising these very rights neither any person nor any agency or body can take people to court to get injunctions sanctioned against them so to curtail and infringe on their rights.

In a democratic society this can not be let to continue to happen. The Humanion invites the Parliament’s, both Houses, relevant committees to launch joint urgent inquiry to investigate as to how these practices are increasingly being used by desperate companies against citizens so that they can move forward with changing this abuse of ‘protocol’. As for Mr Keith Taylor MEP, he is vocally and actively supporting the campaigners from across the South East and London, who are joining forces in support of these defendants and they will be outside the High Court to support them in their fight against UKOG's bid for a ‘chilling and anti-democratic’ injunction.

This manner by which UKOG has gone to court and applied for injunctions against a ‘class of people’, termed as ‘persons unknown’, is at best, downright ridiculous and, at worst, absolutely dangerous since this could, hypothetically, apply to all citizens of the locality concerned as soon as they join any protest against UKOG. The Parliament must ‘rise' from its seats in horror of this ‘Machiavellian’ but corporate ‘abuse’ of the Judiciary. The Parliament must rise to the challenge of challenging this abuse of the Judiciary in this manner by companies seeking to curtail and infringe citizens’ democratic and fundamental rights.

Mr Taylor, has supported the defendants throughout the process. Ahead of the hearing, he said, "UKOG is so desperate and their business model so unsustainable that instead of securing a social licence for their destructive operations, they'd rather drag local residents to the High Court, in the hopes of securing an anti-democratic injunction against their fundamental rights.
I continue to, wholeheartedly, support the six courageous residents taking up the fight in the High Court and wish them the best of luck in the fight for our rights, our environment and the future for our children and our children's children.

On the details of the injunction itself, one of the defendants, Ms Natasha Doane, who lives in Surrey, said, "I am concerned that the injunction, if, granted, would be likely to have a serious deterrent effect on local people being able to continue campaigning in opposition to UKOG’s activities.

From reading the injunction, it is very difficult to understand what is covered by the description of ‘persons unknown’ and how previously legal acts could in the future be considered ‘illegal’ and in what conditions this would come into effect and what the consequences would be."

Ms Lorraine Inglis, of the Weald Action Group, said, “This is a blatant effort to silence peaceful protest. The defendants decided to come forward on behalf of all of us, who object to this industry’s greedy attack on our environment including a healthy climate.

These oil companies are trying to change Government policy to fast-track their plans through the planning system, at the same time, as shutting down the opportunity for opponents to have their voices heard.”

UKOG has drilling sites across the South East, including, Broadford Bridge in West Sussex and Horse Hill in Surrey, both mentioned in the injunction. It, also, has a significant stake in the proposed drilling site at Leith Hill in Surrey and a planned new site on the Isle of Wight.

According to Mr Taylor, the company says that it is trying to stop various forms of legal protests, that affect its ‘commercial interests’. It follows in the wake of other wide-ranging injunctions by fracking giants Cuadrilla and INEOS, which are still the subject of legal challenge.

Although, the South East sites are not technically defined as fracking by the government, they involve similar methods like acidisation to access the hard to reach ‘tight oil’ locked into the shale. Local communities have voiced concerns about the potential risk to groundwater contamination, impacts of air pollution with flaring, problems of HGVs on narrow country roads and the loss of more countryside to concrete and industrial development.

Mr Taylor further points out that the CEO of UKOG MR Stephen Sanderson has said that he wants to see ‘back to back wells’ in an industrial production, this includes land in the Green Belt, Areas of Outstanding Natural Beauty and National Parks.

The Legal Team: The injunction will be challenged by Ms Stephanie Harrison QC, leading Mr Timothy Baldwin and Mr Stephen Simblet, leading Ms Anna Morris of the Garden Court Chambers Civil Liberties Team, instructed by Mr Michael Oswald of Bhatt Murphy Solicitors.

Caption: Defendants Ms Constance Whiston, Ms Vicki Elcoate, Ms Ann Stewart, Ms Sue Jameson, Ms Jacqui Hamlin and Ms Natasha Doane: Image: Keith Taylor MEP’s office. :::ω.

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Torture: The Barbarity Humanity Still Perpetuates Across the Globe: This is a Resource for the World to Fight Against Torture




|| June 24: 2018: University of Exeter News || ά. A new invaluable resource for groups monitoring prisons and other places of detention around the world will play a key part in the fight around torture, experts have said. Abuse in jails and other places of detention can now be recorded with greater accuracy than ever before. A new system for recording weapons and restraints will help human rights monitors better independently document and track the use of torture in without the need to be reliant on information from authorities.

Although, many monitors have unrestricted access to places, where persons, may be, deprived of their liberty and many countries, also, have national bodies to prevent torture and ill treatment, there is a knowledge gap on how best to record the firearms, less lethal weapons and restraints often found in places of detention. It is hoped the new guide for monitors will prompt them to assess places of detention in more detail, looking beyond just checking they meet national standards and broadening the scope of what they examine.

The guide will equip detention monitors with skills to record cases of mistreatment in more detail, helping them to better recognise if weapons and restraints are being misused. The information will help to corroborate allegations of torture and ill-treatment made by detainees and could play a major part in fighting torture around the world.

The new guide Monitoring weapons and restraints in places of detention: a practical guide for detention monitors, was launched at the United Nations in Geneva, with a presentation to the Plenary of the UN Sub-Committee for the Prevention of Torture during its 35th meeting.

The guide was developed by Dr Abi Dymond, from the University of Exeter and by the Omega Research Foundation, a UK NGO, which researches the manufacture, trade and use of, military, security and police equipment. It will be used by the SPT and others human rights monitors as they document torture and help them compile evidence from survivors.

Dr Dymond said, “I hope, the guide will help to reduce and prevent torture around the world and enhance accountability for use of force. Focusing on the equipment used in prisons can help corroborate evidence and testimonies and help give an independent way to document mistreatment, rather than just information authorities want to give.

By helping to identify wrongdoing and misuse of weapons and restraints, this guide has the potential to improve relationships between prisoners and staff. It will help start discussions about the appropriateness of current policy and practice, and whether less harmful alternatives could be used.”

The guide was developed as a result of requests from several torture prevention bodies, including, the SPT. It helps such bodies to collate and monitor standards around the use of firearms, less lethal weapons and restraints in places of detention. It, also, shows them how to document what they see, what to ask and key observations they should make in prisons, hospitals and other places of detention.

The guide informs monitors to, particularly, look out for inappropriate items, such as, weighted leg restraints or electric shock weapons and encourages them to speak to prison staff to check their understanding of when they, may, use weapons and restraints, their understanding of human rights and whether they have skills to help them avoid using force.

Sir Malcolm Evans, Chair of the SPT and Professor of Public International Law, University of Bristol, said, “While some equipment may have a legitimate role to play in places of detention under strictly controlled conditions, others have no place at all, being inherently cruel, inhuman and degrading, yet, they continue to be promoted, marketed, bought and sold.

Monitoring bodies are increasingly starting to recognise the importance of accurate documentation of weapons and restraints in places of detention and of paying attention to the instruments used to inflict abuse.

Enhanced awareness of weapons and restraints can help torture prevention bodies to recognise when inappropriate equipment is being used or is being considered for use; to investigate the use of weapons and restraints where there are grounds for concern; and provide additional evidence around the allegations of torture and ill-treatment made by detainees.

Having been closely involved in the development of this resource, I am confident that it will be of value to a wide range of detention monitors and torture prevention bodies more broadly and will be an invaluable resource in the fight against torture.” :::ω.

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Joint Statement of Four UK Human Rights and Equality Bodies on Exiting the European Union: In Relation to Equality and Human Rights We Need Progression Not Regression




|| June 15: 2018 || ά. The four UK human rights and equality bodies, Equality and Human Rights Commission:EHRC, Equality Commission for Northern Ireland:ECNI, Northern Ireland Human Rights Commission:NIHRC and Scottish Human Rights Commission:SHRC, which are the four statutory bodies for human rights and equalityin the country, have issued a joint statement on the UK exiting the European Union.  

In the statement the bodies said: We are united in our commitment to protect and enhance equality and human rights standards across the UK. We have jointly identified three priority areas, that should be protected and advanced in the course of the UK’s exit from the European Union.’’ These are: i: ensuring parliament gets a say in any proposed changes to the UK’s equality and human rights legal framework.

ii: retaining, at least, equivalent equality and human rights legal protections as those we currently have in the UK, we need progression, not regression and iii: ensuring the UK is a global leader in equality and human rights. ‘’We, also, consider that the protection of equality and human rights should remain a priority in negotiations on the Withdrawal Agreement.

We are, particularly, concerned that loss of the Charter of Fundamental Rights of the EU will lead to gaps in protection and that removing the Charter as part of the Brexit process would create significant legal uncertainty; retained law would simply be incomplete without it.

This is clearly demonstrated by the decision of the Irish Supreme Court on February 01, 2018 to refer a question to the European Court on whether it should refuse extradition to the UK under a European arrest warrant because of uncertainty whether the Appellant’s rights, including, under the Charter, will be capable of enforcement after Brexit.

The simplest and best way to comply with the government’s political commitment that substantive rights remain unchanged after Brexit is to retain Charter rights in relation to EU law throughout the UK. :::ω.

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The BIA Welcomes UK Ratification of the UPC Agreement
 

 

 

|| April 29: 2018 || ά. The Minister for Intellectual Property, Mr Sam Gyimah MP, on April 26 April, confirmed that the UK has ratified the Unified Patent Court Agreement:UPCA. Responding to the announcement, BIA CEO Mr Steve Bates said, “Being able to protect intellectual property is vital for life science companies and is, often, the key value in emerging bioscience companies. We welcome the announcement that the UK has ratified the UPC Agreement to create a single system for the registration, prosecution and enforcement of patents across much of Europe.

This will provide the option for businesses to save time and money, which will be of particular benefit for SMEs, as they will be able to register their patents across the participating countries at reduced cost and enforce them through a centralised court system rather than multiple local courts. The Central Division of the Court with responsibility for life sciences cases is due to be based in London, further cementing the UK’s position as a primary destination for investment. The involvement of the UK judiciary with their significant expertise will also be a major advantage to the new system.

The BIA supported the UK’s involvement in establishing the UPC but the question of whether to ratify following the Brexit vote was always a difficult one to balance with the complexities of what would happen should the UK have to withdraw once it leaves the EU.

So, while the desire to see rapid entry into force of the new system is understandable, it is now imperative that the government works swiftly with the other signatories to enable the UK to continue to contribute its expertise to the development of the system and UK business to benefit from the UKs full involvement. If, this isn’t achieved, appropriate transitional provisions will be essential to address Unitary Patents covering the UK and ongoing litigation covering the UK.”

The Agreement still requires ratification by Germany before the UPC system can come into operation.

About the BIA: Established over 25 years ago at the infancy of biotechnology, the BioIndustry Association:BIA is the trade association for innovative enterprises involved in UK bioscience. Members include emerging and more established bioscience companies; pharmaceutical companies; academic, research and philanthropic organisations and service providers to the bioscience sector. The BIA represents the interests of its members to a broad section of stakeholders, from government and regulators to patient groups and the media. Our goal is to secure the UK's position as a global hub and as the best location for innovative research and commercialisation, enabling our world-leading research base to deliver healthcare solutions that can truly make a difference to people's lives.
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To Deny Citizens the Right to Seek Justice is Justice Miscarried Even Before Jurisprudence Can Spell Ju.....of Justice: Manchester Law Students Show by Supporting and Winning for Those Denied Legal Aid

 

|| March 25: 2018: University of Manchester News  || ά. Ten law students from the University of Manchester have helped a group of dismissed employees win an employment case. When Lancashire-based insurance business Imperial Consultants Ltd closed suddenly last August, its more than 40 employees were dismissed without any warning, redundancy pay or outstanding holiday pay. None of the compulsory procedures to consult staff or take them through a fair dismissal process, had been followed by the company.

Ms Christine Peacock, the Solicitor and Manager of the University’s Legal Advice Centre, acquired this case, when two of the dismissed employees came to her employment law clinic at Bury Law Centre. As there is no Legal Aid available for this type of cases and a private solicitor had been unhelpful, Ms Peacock decided to take it on with a group of ten students. The two initial clients were informed that the Legal Advice Centre would take on their case pro bono, provided they understood that they would work with supervised students as part of their development.

They happily agreed and after contacting their former colleagues, another 19 agreed to take part. The students liaised with the clients to obtain the information needed to lodge their claims, as well as, checking the payments they were receiving from the Insolvency Service; many of these were incorrect and were increased as a result.

As it became clear that the clients could not, then, gain any more benefit by continuing with their claims for redundancy pay, unfair dismissal, notice pay and holiday pay, as the company was by then insolvent, the clients were advised that they could still win a protective award for the failure to consult in a collective redundancy situation. Then, the students worked to draft a witness statements and prepared a bundle of documents in preparation for a hearing.

The former directors of the company did not contest the case, so the judge awarded the dismissed workers 90 days’ gross pay, the maximum award permissible, without a hearing. In total, around £150,000 was won as a result of running this case with the involvement of our students.

About the Legal Advice Centre: The Legal Advice Centre is run by the University of Manchester's School of Law to give free legal advice to members of the public, who are not able to access legal advice elsewhere and to provide real world experience to law students. Most of our clients are not eligible for legal aid and can not afford a solicitor. We provide a professional advice service through student-led advice clinic,  supervised by external specialist lawyers. We combine access to justice for members of the public with hands-on experience of legal issues for our students and the opportunity for them to develop key legal skills.

About the University of Manchester: The University of Manchester, a member of the prestigious Russell Group, is the UK’s largest single-site university with 39,700 students and is consistently ranked among the world’s elite for graduate employability. The University is, also, one of the country’s major research institutions, rated fifth in the UK in terms of ‘research power’. World-class research is carried out across a diverse range of fields including cancer, advanced materials, addressing global inequalities, energy and industrial biotechnology. No fewer than 25 Nobel laureates have either worked or studied here. It is the only UK university to have social responsibility among its core strategic objectives, with staff and students alike dedicated to making a positive difference in communities around the world. Manchester is ranked 38th in the world in the Academic Ranking of World Universities 2017 and 6th in the UK. The University had an annual income of almost £01 billion in 2015:16.

Caption: Law students have won a case for their clients: Image: University of Manchester: ω.

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Turkey’s 18-Month State of Emergency Has Led to Profound Human Rights Violations: UN Report

 

|| March 20: 2018  || ά. The United Nations on Tuesday called on Turkey to end its 18-month-old state of emergency, saying that the routine extension of emergency powers has resulted in profound human rights violations against hundreds of thousands of people and, may have, lasting impact on the country’s socio-economic fabric. “One of the most alarming findings of the report is how Turkish authorities, reportedly, detained some 100 women, who were pregnant or had just given birth, mostly, on the grounds that they were ‘associates’ of their husbands, who are suspected of being connected to terrorist organisations.” said Mr Zeid Ra’ad Al Hussein, the UN High Commissioner for Human Rights, in a news release announcing the findings.

“Some were detained with their children and others violently separated from them. This is simply outrageous, utterly cruel and, surely, can not have anything whatsoever to do with making the country safer.” he said. While taking note of the complex challenges Turkey has faced in addressing the attempted coup in July 2016, as well as, a number of terrorist attacks, the report cites that the sheer number, frequency and lack of connection of several emergency decrees to any national threat seem to point to the use of emergency powers to stifle any form of criticism or dissent vis-à-vis the Government. During the 18-month state of emergency, nearly 160,000 people have been arrested, 152,000 civil servants dismissed, many, arbitrarily and teachers, judges and lawyers dismissed or prosecuted.

The report, also, documents the use of torture and ill-treatment in custody, including, severe beatings, threats of sexual assault and actual sexual assault, electric shocks and water boarding by police, gendarmerie, military police and security forces. It notes that about 300 journalists have been arrested under allegations that their publications contained 'apologist sentiments regarding terrorism' or other 'verbal act offences' or for 'membership' in terrorist organisations.

Over 100,000 websites were, reportedly, blocked in 2017, including, a high number of pro-Kurdish websites and satellite TV channels. Covering the period January to December last year, the report states that the April 2017 referendum, which extended the President’s executive powers into both the legislature and the judiciary as seriously problematic, resulting in interference with the work of the judiciary and curtailment of parliamentary oversight over the executive branch.

By the end of 2017, 22 emergency decrees were promulgated with a further two more since the cut-off date of the report. The report further underlines the need ensure independent, individualised reviews and compensation for victims of arbitrary detentions and dismissals and calls on Turkey to promptly end the state of emergency, restore normal functioning of State institutions, as well as, revise and release all legislation not compliant with its international human rights obligations, including, the emergency decrees.

“I urge the Government of Turkey to ensure that these allegations of serious human rights violations are investigated and the perpetrators are brought to justice.” said Mr. Al Hussein, also, calling on the Government to allow full and unfettered access to his Office OHCHR to be able to directly, independently and objectively assess the human rights situation in the southeast of the country.
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Musicians or the Creators of Music Can Not Create Music If They are Dead Because They Could Not Feed Themselves While Corporations Make a Killing on Their Works and Creations: It is Well Overdue That the Copyrights Laws Update and Catch Up

 

|| March 11: 2018 News || ά. The European institutions are finalising proposals, that could bring about the most significant changes to copyright law in 17 years. PRS for Music has long been at the forefront of this debate, highlighting the economic harm of the ‘transfer of value’ and the need for a meaningful legal solution. The Make Internet Fair petition, calling for a meaningful solution to the ‘transfer of value’ was re-launched in Brussels on March 09 by a delegation of European musicians and songwriters, including, French electronic music Composer, Mr Jean-Michel Jarre, British Songwriter, BASCA Chairman and PRS Director, Mr Crispin Hunt and German Singer-Songwriter,  Ms Astrid North.

The petition, which has, already, been signed by over 14,000 creators from across the European creative industries, is part of a wider programme of activities to increase the pressure on EU lawmakers to fix the transfer of value, the term used to describe the way value of music is transferred from the songwriters and composers to the online platforms, that host the music, generating enormous profits for these platforms. These activities come at a pivotal point in Brussels as the programme to reform the copyright framework reaches its culmination, the wording of the law, determining how creators will be rewarded for the use of their music online, will soon be put to a vote in EU Parliament and Council.

Songwriter, PRS Director and BASCA Chairman, Mr Crispin Hunt says, “I am supporting the Make Internet Fair petition in the name of protecting the future of creativity. Technology has brought incredible opportunities to songwriters but the situation we have today is, I fear, unsustainable. The platforms are making vast amounts of money but the creators are not getting paid.

What does that mean for the future? Remember, it wasn’t the printing press, that changed the world, it was the words IT printed, that made the difference, these platforms need the music to have a business model. This is not a problem confined to the music industry, it is a symptom of wider problems in the online environment. Rules will not break the internet; they will mend it.

We call on the European authorities to ensure a framework, that means that the internet runs as an effective and competitive marketplace rather than as a monopoly, to secure a meaningful solution to transfer of value and end the inequality.”

Electronic Composer, Mr Jean-Michel Jarre, says, “Today, in Europe and worldwide, creators are seeing the value of their work being unfairly extracted by digital platforms. The world is now watching the EU. It is for Europe to prove that it remains the champion of culture. We need a 21st century copyright framework for a 21st century digital market; one, that allows future generations of creators to be fairly remunerated and be able to make a living from their work.”

European Commissioner for Digital an Society, Ms Mariya Gabriel, say, “Your mobilisation is important for us at this very moment, on this sensitive issue for which a solution is being debated. The online market and the creative sector should grow hand in hand but so far it seems that one is growing at the expense of the other. The legislation is necessary to stop this transfer of value.”

People can sign the Make Internet Fair petition at makeinternetfair.eu. This an opportunity for creators and the music industry to get their voices heard in a meaningful way and remind Members of European Parliament:MEPs that an update to existing laws is of real importance to protect their livelihoods and the future of music.

About PRS for Music: PRS for Music represents the rights of songwriters, composers and music publishers in the UK and around the world. As a membership organisation the company ensures creators are paid whenever their music and songs are played, performed, broadcast or reproduced in public and provides business and community groups with access to 22.2 million songs through its music licences. With over 100 representation agreements in place globally, PRS for Music's network represents over two million music creators. In 2016, the organisation collected over half a billion pounds, £621.5 million, on behalf of its members, making it one of the world’s leading music collective management organisations. ω.

Whatever Your Field of Work and Wherever in the World You are, Please, Make a Choice to Do All You Can to Seek and Demand the End of Death Penalty For It is Your Business What is Done in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law Does Not Exist. The Humanion

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Human Rights Groups Call on States to Hold China Accountable at the UN Human Rights Council

 

|| February 26: 2018 News || ά. In a private letter sent to select UN Member States, nearly 20 human rights organisations called for clear and concrete actions to denounce China’s current rollback in respect for human rights at the UN Human Rights Council, which opens its session in Geneva today. The groups highlight five cases of human rights defenders, that would benefit from further pressure being brought to bear on the Chinese government. The signatory-agencies include Amnesty International, China Labour Bulletin, Christian Solidarity Worldwide, CIVICUS: World Alliance for Citizen Participation, Human Rights in China, Human Rights Watch, the International Campaign for Tibet, the International Commission of Jurists.

As well as, the International Federation of Human Rights Leagues, the International Service for Human Rights, Lawyers for Lawyers, Lawyers’ Rights Watch Canada, PEN America, Swedish PEN, the Tibet Advocacy Coalition made of the International Tibet Network Secretariat, Students for a Free Tibet, Tibet Initiative Deutschland, Tibet Justice Center and Tibetan Youth Association in Europe and the World Uyghur Congress. They cases relating to Chinese breaches of human rights include Ms Liu Xia, a poet kept under house arrest after the death of her husband, Nobel laureate Liu Xiaobo, in July 2017, Mr Wang Quanzhang, a rights lawyer held incommunicado since July 09, 2015 , Mr Gui Minhai, a Swedish citizen arbitrarily detained in China since he vanished from Thailand in October 2015.

Mr Tashi Wangchuk, a Tibetan cultural rights and education advocate, who has been detained more than two years on charges of inciting separatism, Mr Yu Wensheng, a prominent human rights lawyer disbarred, then arbitrarily detained, in January 2018.. Most recently, Mr Tashi Wangchuk was the subject of a press release by a group of UN experts on February 21, who denounced the criminalisation of his work to peacefully promote Tibetan language and culture.

''These are just five cases among hundreds, if not more. Taken together, they show that the ferocious crackdown on human rights defenders, including, lawyers, that has intensified since President Xi Jinping assumed power continues unabated.'' the authors say in the letter.

''The Human Rights Council should take further steps to show China that undermining key legal protections for freedoms of expression and association and the rights to a fair trial, not to mention disappearing or arbitrarily detaining dissenting voices, is unacceptable behaviour, especially, for a would-be 'global leader’.''

In March 2016, the U.S led a historic joint statement of twelve countries focused on the human rights situation in China. Following President Mr Xi’s consolidation of power at the 19th Party Congress in November 2017, a renewed commitment to a joint statement condemning China’s human rights violations has never been more timely.

The organisations urge the governments to call for the release of all arbitrarily detained individuals; condemn the use of ‘residential surveillance in a designated location’, which the UN Committee against Torture has said ‘may amount to incommunicado detention in secret places’ and promptly grant relevant UN experts unhindered access to all parts of the country, including, Tibetan and Uyghur areas.

''The Council’s credibility is based on its ability to act swiftly and effectively to address human rights situations and to uphold universal values. However, this has come under attack in recent years, particularly from China and like-minded governments. In this context, it is critical for countries to demonstrate their commitment to the protection and promotion of human rights in China, and to defend the values underlying the international human rights system.'' 

This year is, particularly, important, as human rights defenders inside and outside China prepare for the country’s next Universal Periodic Review, scheduled for November 2018. The letter to governments concludes, ''For human rights defenders to have the courage to engage in this important process, with all the risks that it entails, it’s critical that they know that they are not alone.''
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Whatever Your Field of Work and Wherever in the World You are, Please, Make a Choice to Do All You Can to Seek and Demand the End of Death Penalty For It is Your Business What is Done in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law Does Not Exist. The Humanion

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Law Does Not Pray But If It Did It Would Do as Wherever There is Injustice May You Rise to Challenge and Rectify It: Manchester Students are Helping People to Access Justice

 

|| December 11: 2017: University of Manchester News || ά. Law students at the University of Manchester are using their skills to help people convicted of crimes, who maintain their innocence and continue to appeal. The Miscarriages of Justice Review Centre, established by Professor Claire McGourlay in the University’s School of Law, aims to find evidence, that will assist in making an application for a person’s case to be reviewed for referral back to the Court of Appeal. When a person convicted of a serious crime has exhausted the normal appeals process, there is almost no legal aid available for that person to fund investigation into possible sources of fresh evidence, that could support her or his claim of innocence.

Volunteer students at the Centre make a real difference by offering their services to such individuals free of charge. They interview clients and their families and friends, speak to witnesses, write reports for solicitors and barristers, organise exhibits for a trial and have meetings with forensic scientists. Their work is supervised and supported at every stage by practicing lawyers. The students have no previous knowledge or experience of criminal cases, when they join and so need extensive support and guidance in order to carry out this work. The Centre has responsibilities both towards students and clients and so is committed to making involvement with it a positive and rewarding experience for both. It now has over 20 students and attracts applications from many more every year.

“The Centre gives our students real experience of working with criminal barristers and solicitors to try and get our clients cases back to the Court of Appeal.” said Professor Claire McGourlay. “It takes students out of the classroom so they can apply what they have read in their books.

Doing this kind of work is so important, as the people we help are at the end of the road and need help to find the evidence, that could overturn their convictions. It, also, instils a sense of social justice in students, that stays with them long after they leave University.”

The School of Law, also, operates a Legal Advice Centre, which has over 300 student volunteers offering free legal advice to members of the public, who are not able to access legal advice elsewhere and provides the students with hands-on experience of legal issues to develop their skills.

University of Manchester: The University of Manchester, a member of the prestigious Russell Group, is the UK’s largest single-site university with 39,700 students and is consistently ranked among the world’s elite for graduate employability. The University is also one of the country’s major research institutions, rated fifth in the UK in terms of ‘research power'. World-class research is carried out across a diverse range of fields including cancer, advanced materials, addressing global inequalities, energy and industrial biotechnology. No fewer than 25 Nobel laureates have either worked or studied here. It is the only UK university to have social responsibility among its core strategic objectives, with staff and students alike dedicated to making a positive difference in communities around the world. Manchester is ranked 38th in the world in the Academic Ranking of World Universities 2017 and 6th in the UK. The University had an annual income of almost £01 billion in 2015:16. ω.

Whatever Your Field of Work and Wherever in the World You are, Please, Make a Choice to Do All You Can to Seek and Demand the End of Death Penalty For It is Your Business What is Done in Your Name. The Law That Makes Humans Take Part in Taking Human Lives and That Permits and Kills Human Lives is No Law. It is the Rule of the Jungle Where Law Does Not Exist. The Humanion

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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

 

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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