Category Archives: Law

Unscrupulous ivory traders can evade new UK ban, charity says

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Sellers could pass off elephant products as derivatives from unprotected mammals, Born Free Foundation says

Ivory peddlers may continue to sell elephant tusks after a new ban by disguising their products as walrus or narwhal derivatives, campaigners have warned.

From Monday, trade in elephant teeth and tusks is illegal in the UK, punishable by fines of up to £250,000 or up to five years in prison under the Ivory Act. Pre-1975 musical instruments and antique items of “outstanding importance” are exempted from the act, as well as ivory from non-elephant species.

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Friendlyjordies: John Barilaro to be paid $715,000 by Google over YouTube videos

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Tech giant and comedian Jordan Shanks may face contempt of court charges over videos published during trial

Google has been ordered to pay former New South Wales deputy premier John Barilaro more than $700,000 over a series of “racist” and “abusive” videos published on YouTube channel Friendlyjordies.

On Monday, federal court justice Stephen Rares ruled that Barilaro had been left “traumatised” by a campaign of “relentless cyberbullying” by comedian Jordan Shanks, who uses the nom de plume Friendlyjordies

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Mariah Carey being sued for $20m over All I Want for Christmas Is You

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Songwriter Andy Stone claims he co-wrote song with the same name and did not give permission for it to be used

Mariah Carey is being sued for $20m (£16m) for alleged copyright infringement over her festive megahit All I Want for Christmas Is You – nearly three decades after it was released.

Since it came out in 1994, the song, which features on her album Merry Christmas, has become a global classic and a firm favourite in the pop Christmas canon.

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Nepali woman’s account of rape prompts wave of protest over laws

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Calls grow for repeal of statute of limitations and widening of definition of rape after former model makes allegations on TikTok

A young woman’s account on TikTok of being drugged, raped and then blackmailed by a beauty pageant organiser when she was 16 years old has provoked outrage in Nepal and prompted calls to reform the country’s “grossly inadequate” rape laws.

In one of a series of videos, which together have been viewed millions of times, the former model and child actor broke down in tears as she talked about Nepal’s statute of limitations that dictates survivors must report cases of rape within one year of the offence being committed.

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Sarah Everard vigil: Met to prosecute six over alleged Covid rule breaches

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Those charged allegedly attended outside gathering of more than two when London was under tier 4 restrictions

Six people are being prosecuted by the Metropolitan police for allegedly breaching Covid-19 restrictions during a vigil for Sarah Everard, who was murdered by a Met officer.

According to court documents, those being charged include Dania Al-Obeid, 27, from Stratford, east London; Vivien Hohmann, 20, from Clapham, south London; Ben Wheeler, 21, from Kennington, south London; and Kevin Godin-Prior, 68, from Manchester. Their cases were heard at Westminster magistrates court on Wednesday.

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Mass civil legal action to seek compensation for Ukrainian war victims

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Exclusive: Lawyers to target assets of Russian state, military contractors and affiliated business figures across globe

A consortium of Ukrainian and international lawyers is preparing to launch a mass civil legal action against the Russian state, as well as private military contractors and businesspeople backing the Russian war effort, in an attempt to gain financial compensation for millions of Ukrainian victims of the war, the Guardian can reveal.

The team, made up of hundreds of lawyers and several major law firms, plans to bring “multiple actions in different jurisdictions against different targets”, including the UK and the US, said Jason McCue, a London-based lawyer who is coordinating the initiative, in an interview in Kyiv.

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Revealed: Afghan journalists facing death threats and beatings, despite UK pledge to save them

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Group who worked with UK media to sue government over failure to relocate them to Britain

A group of Afghan journalists who worked closely with the UK media for years have revealed how they face beatings, death threats and months in hiding, and accuse the government of reneging on a pledge to bring them to Britain.

Having fought in vain for clearance to come to the UK since the return of Taliban rule last summer, the eight journalists are now taking legal action against the government. They have applied for a judicial review after waiting months for their applications to relocate to the UK to be processed. They report only receiving standard response emails from the Afghan Relocations and Assistance Policy (Arap) programme.

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Kremlin mulls Nuremberg-style trials based on second world war tribunals

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Russia to seek to justify invasion of Ukraine by staging show trials of war prisoners, conflict scholars fear

The gloating began just days after the missiles began falling on Ukraine. “Get ready for Nuremberg 2.0,” one former Russian diplomat wrote in a WhatsApp message. Vladimir Putin’s invasion to “denazify” the country has always pointed toward a purge and show trials. Now Moscow may seize on that chance.

As Russia holds hundreds of prisoners from the Azovstal steelworks in Mariupol, its proxies in east Ukraine have floated the idea of holding a “military tribunal” inspired by Nuremberg that observers say would reflect a mass show trial meant to justify Russia’s invasion to the world.

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Boris Johnson changes ministerial code to avoid need to resign over breaches

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New rules say ministers can apologise or temporarily lose pay for breaking code, which PM is accused of doing

Boris Johnson is changing the rules to let ministers avoid resigning if they break the ministerial code, allowing them to apologise or temporarily lose their pay instead.

The prime minister, who is facing claims of breaching the code, published a policy statement on Friday saying it is “disproportionate to expect that any breach, however minor, should lead automatically to resignation or dismissal”.

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Hong Kong judicial independence under systematic attack, legal figures warn

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Signatories of legal opinion say territory’s government is using continued presence of overseas judges as ‘vote of confidence’

International judicial figures including the former UK attorney general Sir Robert Buckland have warned the remaining British, Australian and Canadian judges operating in Hong Kong that they are working in an environment where judicial independence has been wholly undermined and the Chinese Communist party can dictate the outcome of cases.

The group has backed a legal opinion that says the systematic threats to Hong Kong’s judicial independence will continue to intensify, and that the continued presence of overseas judges is being used by the territory’s government as a vote of confidence.

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CPS guidance ‘makes things worse’ for rape survivors, victims’ commissioner says

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Vera Baird calls for therapy notes to be excluded from criminal trials, as they are in Australia

New guidance designed to give rape victims confidence to get therapy before their trial “makes things worse” for survivors and lessened their protections, according to the victims’ commissioner, Vera Baird.

The guidance issued by the Crown Prosecution Service (CPS) aims to “alleviate victim concerns that accessing counselling could damage the prosecution case,” but Baird echoed concerns from campaign groups that they, in fact, reduce protections and called for therapy notes to be excluded from criminal trials, as they are in Australia.

In the UK, Rape Crisis offers support for rape and sexual abuse on 0808 802 9999 in England and Wales, 0808 801 0302 in Scotland, or 0800 0246 991 in Northern Ireland. In the US, Rainn offers support on 800-656-4673. In Australia, support is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html

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Alleged Wagner Group fighters accused of murdering civilians in Ukraine

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Belarusian pair are first international mercenaries to face war crimes charges since invasion began

Two alleged Wagner Group fighters from Belarus have been accused of murdering civilians near Kyiv, making them the first international mercenaries to face war crimes charges in Ukraine.

Ukrainian prosecutors late on Tuesday released the names and photographs of eight men wanted for alleged war crimes – including murder and torture – in the village of Motyzhyn. Several are believed to have fought in Syria.

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Médecins Sans Frontières condemned for ‘profiting from exploitative images’

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Medical charity criticised for using images that ‘endanger and exploit children’ amid row over photos from DRC identifying child rape survivor

Doctors, photographers, human rights activists and academics have written to Médecins Sans Frontières to raise concerns that the medical charity is exploiting the trauma of vulnerable patients to promote its work.

In an open letter to the international president and MSF board, almost 50 signatories, who include current and former staff, allege that the aid organisation has commissioned, published and allowed the sale of photographs that endanger and exploit vulnerable black people, including children.

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New affirmative consent campaign tackles issue head-on, experts say

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‘Make No Doubt’ videos aim to provide young people with tools to give and ask for consent, launched one week before NSW law change

Party pashes, drunken encounters and booty-call texts – these are some of the scenarios featured in a campaign being rolled out on social media before new affirmative sexual consent laws coming into effect in New South Wales next week.

It is hoped the short, simple videos – depicting scenes that young people could find themselves in – will equip the target group of 16- to 24-year-olds with the tools to give and ask for consent, and respect when someone says “no”.

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Six in 10 people in UK believe government ‘ignores rules’

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People in the UK and Poland rated their governments worst on matters of trust and legitimacy in an EU-funded study

People in the UK are more likely than those in other European countries to say that their government ignores rules, according to a large six-state survey, with ‘Partygate’ probably to blame.

The EU-funded study found that 62% of people in the UK think their government ignores rules and procedures, compared with an average of 44% and well above the next highest, Poland (50%), where the administration has been accused of authoritarianism.

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Afghan female judge awarded prestigious human rights prize

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Fawzia Amini advocates for rights of Afghan women and girls from London hotel room she’s been stuck in for nine months

One of Afghanistan’s top female judges has been honoured with an international human rights award while she continues her work to advocate for her country’s women and girls from a London hotel.

Fawzia Amini, 48, fled Afghanistan last summer after the Taliban takeover of the country. She had been one of Afghanistan’s leading female judges, former head of the legal department at the Ministry of Women, senior judge in the supreme court, and head of the violence against women court.

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‘Any number of rights could be next’ if Roe v Wade goes, says Buttigieg

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US transportation secretary says supreme court’s ruling could determine future generations’ freedoms

Pete Buttigieg, the US transportation secretary and the first openly gay member of a US administration, has expressed his worry that the expected overturning by the supreme court of the 1973 landmark decision which made abortion legal, may be the start of a series of eliminations of other groundbreaking rights and protections.

Earlier this month a leaked document showed that five conservatives on the nine-justice supreme court had voted to reverse their predecessors’ ruling in Roe v Wade nearly 50 years ago. The provisional ruling could lead to abortion being outlawed in more than half of US states unless it is changed substantially before becoming final.

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Junior staff could have risked career by not attending No 10 parties, lawyer says

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Refusing a boss’s request may harm relationship and cause employee to take legal action, according to expert

Junior civil servants who did not want to attend lockdown-breaching parties held at 10 Downing Street risked being forced to take legal action and put their careers in jeopardy, a senior employment lawyer has said.

The law expects people to stand up for themselves, experts have said, with employees largely expected to comply with their bosses. Whistleblowing legislation is rarely used because people are worried about repercussions.

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Tamil refugees detained by UK on Chagos Islands go on hunger strike

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Forty-two hunger strikers are part of group of 89 Sri Lankans whose boat was intercepted in Indian Ocean by UK military

Dozens of Sri Lankan Tamil refugees who have been detained for more than seven months in a military base on an overseas territory claimed by Britain have gone on hunger strike in despair at their plight.

The 42 hunger strikers are part of a group of 89 Sri Lankans, including 20 children, whose boat was intercepted and escorted to Diego Garcia in the middle of the Indian Ocean by the British military after running into distress while apparently headed to Canada from India in October.

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UN confirms death of one of last Rwandan genocide fugitives

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Phénéas Munyarugarama is second person wanted for their involvement in 1994 mass killings to die

One of the last five fugitives wanted for his role in the 1994 genocide in Rwanda, Phénéas Munyarugarama, died in the Democratic Republic of Congo in 2002, UN prosecutors have announced.

Munyarugarama, a local army commander, “died of natural causes” and was buried in Kankwala, in the eastern DRC, the Mechanism for International Criminal Tribunals (MICT) announced in The Hague.

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