Category Archives: Law

Taliban edict to resume stoning women to death met with horror

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Afghan regime’s return to public stoning and flogging is because there is ‘no one to hold them accountable’ for abuses, say activists

The Taliban’s announcement that it is resuming publicly stoning women to death has been enabled by the international community’s silence, human rights groups have said.

Safia Arefi, a lawyer and head of the Afghan human rights organisation Women’s Window of Hope, said the announcement had condemned Afghan women to return to the darkest days of Taliban rule in the 1990s.

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Transgender judge seeks leave to intervene in UK court case over legal definition of ‘woman’

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Victoria McCloud wants leave to join litigation in supreme court appeal brought by For Women Scotland

The UK’s first transgender judge is seeking leave to join the litigation in a crucial supreme court case that could significantly affect legal protections for transgender women, the Guardian has learned.

Victoria McCloud, a senior civil judge who became the youngest person appointed as master of the high court in 2010, will make an application to intervene in the supreme court appeal brought by the campaign group For Women Scotland about the legal definition of “woman”. Interveners can put a case without being among the main parties to the litigation.

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UK membership of Dignitas soars by 24% as assisted dying in Scotland moves closer

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Bill being laid before Scottish parliament could, if approved, allow people in Britain to take their own lives within the law

UK membership of Dignitas, the Swiss assisted dying association, has jumped to 1,900 people – a 24% rise during 2023 – as an assisted dying bill is laid before the Scottish parliament.

People from the UK now make up the second largest group who have signed up to the organisation, which is based near Zurich and helps people take their own lives. The largest group is currently Germans, although they can now get help to end their lives at home after a 2020 court ruling.

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Argentina: trans women among victims of ex-officers guilty of dictatorship-era crimes

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Eleven found guilty of crimes against humanity after trial that heard testimony on torture, rape and forced disappearances

A court in Argentina has convicted 11 former military, police and government officials of crimes against humanity committed during the country’s last dictatorship in a sprawling trial that heard, for the first time, about atrocities suffered by trans women.

The three-year case focused on the forced disappearances, torture, rapes and homicides that occurred at or were connected to three clandestine detention and torture centres located in police investigative units on the outskirts of Buenos Aires. They were known as the Banfield pit, the Quilmes pit and “El Infierno” – or “hell” – by the officials who worked there.

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Concern over rise in requests for UK to share intelligence despite torture risks

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UK does not ‘solicit, encourage or condone’ inhumane treatment, but critics say ministerial approval system contradicts this

• UK politics – latest updates

The number of requests for UK ministerial approval of intelligence-sharing where there was a real risk of torture, unlawful killing or extraordinary rendition has more than doubled in a year.

The investigatory powers commissioner’s report outlining the rise comes after a parliamentary debate on Monday in which MPs from across the political divide questioned the adequacy of the UK’s policy on torture under the Fulford principles.

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Lawyer who raised ‘boys’ club’ concerns over judgment accused of misconduct

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Charlotte Proudman posted tweets critical of ruling by Sir Jonathan Cohen, a Garrick Club member

A barrister is facing disciplinary proceedings for expressing frustration at the “echoes of a boys’ club attitude” that she claims were in a family court judgment that went against her client.

Charlotte Proudman criticised a judgment of Sir Jonathan Cohen – a member of the men-only Garrick Club – over remarks he made in a family case two years ago.

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Minister told to name sources in Afghan inquiry or face potential jail term

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Johnny Mercer given 10 days to reveal source of claims British troops engaged in war crimes

The minister for veterans’ affairs, Johnny Mercer, has been given 10 days to reveal the source of allegations British troops engaged in war crimes in Afghanistan, or face a potential prison sentence.

Mercer in effect admitted last month in front of the public inquiry into the claims that he believed members of the SAS had engaged in dozens of unlawful killings of Afghan civilians between 2010 and 2013.

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Former CPS chief says clampdown on protests risks creating ‘thought crimes’

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Exclusive: Max Hill KC says it is imperative to protect free speech when setting limits on protesting

The former director of public prosecutions for England and Wales has warned against the risk of creating “thought crimes” amid the recent clampdown on protesters and demonisation of demonstrators by politicians.

In an interview with the Guardian, Max Hill KC, who was head of the Crown Prosecution Service (CPS) from 2018 until November last year, said it was imperative to protect free speech when setting limits on protest.

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Jersey to debate allowing assisted dying for terminally ill

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Proposals deter ‘death tourism’ by requiring applicants to have lived on the island for at least 12 months

Jersey could legalise assisted dying for people who are terminally ill or have an incurable condition with unbearable suffering under proposals to be debated in the island’s parliament.

The proposals, published on Friday, may lead to Jersey becoming the first jurisdiction in the British Isles to allow assisted dying.

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Lawyers call on judges in Garrick Club to give up membership

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Exclusive: Letter with more than 60 signatories says membership ‘perpetuates systemic discrimination against women’

A group of more than 60 lawyers in England and Wales have called on all judges who are members of the men-only Garrick Club to resign from it immediately, claiming membership is “incompatible with the core principles of justice, equality and fairness”.

In an open letter, the barristers, solicitors and legal professionals say they have been concerned by recent reports in the Guardian naming dozens of senior figures in the judiciary as current members of a club that has repeatedly blocked attempts to allow women to join.

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‘Man-made famine’ charge against Israel is backed by mounting body of evidence

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Prospect of Israel facing war crimes charges has moved closer after UN condemnation of Gaza aid restrictions

The accusation by the UN and other humanitarians that Israel may be committing a war crime by deliberately starving Gaza’s population is likely to significantly increase the prospect of legal culpability for the country, including at the international court of justice.

Amid reports that the Israel Defense Forces are hiring dozens of lawyers to defend against anticipated cases and legal challenges, the charge that Israel has triggered a “man-made famine” by deliberately obstructing the entry of aid into Gaza is backed by an increasing body of evidence.

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It’s too late to replace Sunak so Tories must ‘march towards the sound of the guns’, Ben Wallace says – as it happened

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Former defence secretary tells colleagues there is no alternative to Rishi Sunak and to ‘get on with’ preparing for an election. This live blog is closed

Ofcom has ruled today that GB News broke impartiality rules on five occasions by using Tory MPs as news presenters.

But it has not imposed sanctions on the broadaster. It says these count as first offence, and that there may be sanctions if it happens again.

Under the Broadcasting Code, news, in whatever form, must be presented with due impartiality. Additionally, a politician cannot be a newsreader, news interviewer or news reporter unless, exceptionally, there is editorial justification.

In line with the right to freedom of expression, broadcasters have editorial freedom to offer audiences a wide range of programme formats, including using politicians to present current affairs or other non-news programmes. Politicians may also appear in broadcast news content as an interviewee or any other type of guest.

These are the first breaches of Rules 5.1 and 5.3 recorded against GB News. Since opening these investigations, there has only been one further programme which has raised issues warranting investigation under these rules. We are clear, however, that GB News is put on notice that any repeated breaches of Rules 5.1 and 5.3 may result in the imposition of a statutory sanction.

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Russians urged to disrupt final day of Vladimir Putin’s presidential election

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Voters told to swamp polling stations all at once and spoil ballots, after two days of dye attacks, fires and Ukrainian cross-border strikes

Critics of Vladimir Putin and his Kremlin regime have called for massive protests at Russian polling stations on Sunday, the final day of a presidential election that is guaranteed to cement his hardline rule.

The three-day vote has already been hit by Ukrainian bombardments and a series of incursions into Russian territory by anti-Putin sabotage groups. Early on Sunday, a drone attack caused a fire at a refinery at Slavyansk in the Krasnodar region of southern Russia, where officials said one person died of a heart attack, while two people died after drone strikes in the Russian city of Belgorod on Saturday, according to officials.

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UK company directors may be liable for climate impacts, say lawyers

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Legal experts say directors could face personal claims for failing to consider how businesses affect nature

Company directors in the UK could be held personally liable for failing to properly account for nature and climate-related risks, according to a group of lawyers.

A legal opinion published this week found that board directors had duties to consider how their business affected and depended on nature. These included climate-related risks as well as wider risks to biodiversity, soils and water.

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Vulnerable man pleads with UK government to block extradition to US

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Diogo Santos Coelho from Portugal faces a 52-year sentence for alleged cybercrime relating to RaidForums site

A vulnerable autistic man is pleading with the UK government to block his extradition to the US on cybercrime charges where he faces a 52-year sentence for alleged offending that began when he was a child.

Diogo Santos Coelho, who has been assessed as at very high risk of suicide, said he had been groomed and exploited online by adults from the age of 14 into committing the alleged crimes, which relate to the website RaidForums.

In the UK and Ireland, Samaritans can be contacted on freephone 116 123, or email jo@samaritans.org or jo@samaritans.ie. In the US, the National Suicide Prevention Lifeline is at 988 or chat for support. You can also text HOME to 741741 to connect with a crisis text line counselor. In Australia, the crisis support service Lifeline is 13 11 14. Other international helplines can be found at befrienders.org

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Jamaican musician Vybz Kartel has murder conviction quashed

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Dancehall star was sentenced to life in prison in 2014 for the murder of an associate

The Jamaican musician Vybz Kartel’s conviction for the murder of an associate more than a decade ago has been quashed, with a London court ruling that attempts to bribe the trial jury meant the conviction was unsafe.

The dancehall star, whose real name is Adidja Palmer, is one of Jamaica’s most popular artists and has collaborated with performers such as Jay-Z and Rihanna.

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Australian computer scientist is not bitcoin creator Satoshi Nakamoto, high court rules

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Judge says evidence for his conclusion that Craig Wright did not create bitcoin is ‘overwhelming’

Satoshi Nakamoto, the pseudonymous creator of bitcoin, is not the Australian computer scientist Craig Wright, a high court judge has ruled, ending a fractious two-month trial in London.

In a highly unusual decision, the presiding judge, Mr Justice Mellor, issued the verdict within seconds of the case concluding, promising to issue a “fairly lengthy written judgment” in due course.

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Ministers to quash convictions of hundreds of post office operators

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Legislation will overturn convictions of theft, fraud and false accounting during Horizon scandal

Ministers will publish legislation to quash the convictions of hundreds of post office operators who were prosecuted during the Horizon scandal, marking a significant victory for victims after decades of campaigning.

The legislation on Wednesday will automatically overturn convictions of theft, fraud and false accounting that were handed down in connection with Post Office business during that period. It will cover prosecutions brought by the Post Office and the Crown Prosecution Service in England and Wales between 1996 and 2018.

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Foreign Office official floated idea of giving honour to fixer for Saudi royals

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Salah Fustok alleged by UK prosecutors to have been a middleman for nearly £10m in payments to Saudi prince

A Foreign Office official floated the idea of giving an honour to a businessman who was later alleged to have helped facilitate millions of pounds of bribes to a Saudi prince and his high-ranking associates.

Salah Fustok was alleged by UK anti-corruption prosecutors to have been a middleman for nearly £10m of payments to Prince Miteb bin Abdullah and other Saudi officials as “an inducement or reward” for the awarding of a contract by the Saudi Arabian national guard.

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Israeli human rights groups accuse country of failing to abide by ICJ’s Gaza aid ruling

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Exclusive: 12 prominent organisations sign open letter criticising lack of humanitarian access

Twelve of Israel’s most prominent human rights organisations have signed an open letter accusing the country of failing to comply with the international court of justice’s (ICJ) provisional ruling that it should facilitate access of humanitarian aid into Gaza.

The court in The Hague made a number of legal requirements of Israel when it issued a provisional ruling in late January in response to South Africa’s complaint accusing the state of committing genocide in its military campaign in Gaza.

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