Category Archives: Law

Trump asks supreme court to intervene in Mar-a-Lago special master dispute

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Appellate court ruling prevented special master from examining 100 files seized from Mar-a-Lago with classification markings

Donald Trump on Tuesday asked the US supreme court to partially reverse an appellate court decision that prevented the special master, reviewing for privilege protections materials seized by the FBI from his Mar-a-Lago resort in August, from examining 100 documents with classification markings.

The motion to vacate the ruling by the US appeals court for the 11th circuit represents the former president’s final chance to reinsert the 100 documents into the special master review – and potentially exclude some from the investigation into whether he illegally retained national defense information

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Victorian boy, 13, has mental capacity to be tried for murder of Declan Cutler, court hears

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Psychologist’s report on behalf of prosecution cites boy’s respect for ‘gang members’ and ‘adherence to an alternative moral code”

A psychologist has found that a 13-year-old Victorian boy charged with murder could be tried for the crime, saying that his respect for “gang members” and “adherence to an alternative moral code” shows he has the mental capacity to understand right from wrong.

The boy, who cannot be named, is one of eight teenagers charged over the murder of Declan Cutler.

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Molly Russell: how family are helping shift narrative on online safety

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Ian Russell’s campaigning after his daughter’s death has made case for online safety bill unavoidable, says peer

The online safety bill’s progress through parliament has been paused, but it is hard to see that delay lasting much longer after the conclusion of the Molly Russell inquest.

The regulatory landscape for the online world is undergoing significant change in the UK and Molly Russell’s family have contributed to that shift after becoming prominent campaigners for improved internet safety.

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UK government faces court challenge in Nigerian rendition case

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Family of Nnamdi Kanu granted judicial review over failure of Britain to intervene after arrest last year

The family of a British citizen who was allegedly taken to Nigeria in an act of extraordinary rendition has been granted a court hearing to challenge the UK government for not intervening in his case.

Nnamdi Kanu, the leader of the Indigenous People of Biafra (Ipob), a prominent separatist movement proscribed in Nigeria, was arrested in Kenya in June last year before being transported against his will to Nigeria, where he has been held ever since.

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Call to re-sentence 3,000 prisoners trapped under indefinite jail terms

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Inmates in England and Wales still held under ‘imprisonment for public protection’ scheme scrapped 10 years ago

Almost 3,000 prisoners in England and Wales stuck behind bars under an abolished “irredeemably flawed” indefinite sentencing scheme should be re-sentenced, MPs and peers have said.

The indefinite nature of jail terms under the imprisonment for public protection (IPP) scheme has contributed to feelings of hopelessness and despair that has resulted in high levels of self-harm and some suicides among prisoners, according to the justice select committee.

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Peter Dutton’s defamation case against refugee activist Shane Bazzi ends with resolution

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Bazzi will not face prospect of high court overturning earlier win and Dutton will not pay hundreds of thousands of dollars in costs

Peter Dutton’s defamation case against Shane Bazzi has come to an end, with the Liberal leader dropping his attempted high court appeal and the refugee activist ceasing a bid for costs.

Bazzi’s lawyers, O’Brien Criminal & Civil Solicitors, revealed the pair had reached a resolution with final orders made by the full federal court on Monday.

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Pre-recorded evidence rolled out in courts in England and Wales

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Technology’s use in crown courts will spare victims trauma of testifying in live trial setting

The use of pre-recorded evidence of victims and witnesses to crimes has been introduced at crown courts in England and Wales.

The Ministry of Justice said that from Monday the technology would be available at a final 20 crown courts in Buckinghamshire, Cambridgeshire, East Anglia, Essex, London and the south-east, marking the end of a national rollout.

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Australian soldier alleges torture survival course involved simulated child rape and left him with PTSD

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Exclusive: The defence force’s alleged handling of the training course prompted a complaint to the Australian Human Rights Commission

A secretive torture training program has caused debilitating and unnecessary trauma to some Australian soldiers by forcing them into shocking acts of humiliation, including the simulated rape of child dolls and masturbating sex toys over bibles, a whistleblower has alleged.

The Australian Defence Force’s alleged handling of the controversial training course, known as Conduct After Capture Level C, has prompted one traumatised ex-soldier to complain to the Australian Human Rights Commission and prepare a federal court case challenging its legality, the Guardian can reveal.

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Disabled woman wins legal challenge against DWP over automatic benefit deduction

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High court rules DWP scheme to deduct money without consent is illegal and breaches ‘obligation of fairness’

A disabled former police officer has won a legal challenge against the Department for Work and Pensions over its policy of allowing utility companies to automatically deduct hundreds of pounds a year from individuals’ benefits without their consent.

Helen Timson, 51, of Leicester, argued it was unlawful and immoral that the DWP enabled water and energy firms to draw down up to 25% of a claimant’s monthly benefit income at source without undertaking any form of check with the claimant. Hundreds of thousands of claimants are understood to be subject to the deductions.

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Iran sends police to end Mahsa Amini protests as reports say seven killed

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Internet blackouts and Instagram blocks also reported amid anger after 22-year-old woman’s death in custody

Iran has sent police on to the streets in a scramble to end protests that have spread to at least 15 cities, as rights groups and local media reported up to seven people had been killed in crackdowns.

There were reports of internet blackouts in parts of the country while Instagram accounts with Iranian IP addresses were also blocked in an apparent attempt to quell growing anger.

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Children as young as nine say they are ill from work recycling plastic in Turkey

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Human Rights Watch says failure to enforce laws worsens health impact at centres, amid steep rise in EU and UK waste exports

Children as young as nine are working in plastic waste recycling centres in Turkey, putting them at risk of serious and lifelong health conditions, according to Human Rights Watch.

Workers including children, and people living in homes located “dangerously close” to the centres, told researchers they were suffering from respiratory problems, severe headaches and skin ailments.

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Madeleine McCann’s parents lose challenge over Portuguese libel case

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Couple sought redress from European court of human rights after libel case against detective was overturned

The parents of Madeleine McCann have lost their European court of human rights challenge to the Portuguese supreme court’s decision to throw out their libel case against a former detective who implicated them in their daughter’s disappearance.

Kate and Gerry McCann sued Gonçalo Amaral, who led the botched police search for Madeleine in 2007, over statements he made in a book, documentary and newspaper interview alleging that they were involved in Madeleine’s disappearance.

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West weighs calling for China Uyghur abuses inquiry at UN

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Battle over influence at Human Rights Council, with Beijing warning of ‘politicisation of human rights’

Western powers are weighing the risk of a potential defeat if they table a resolution at the UN Human Rights Council calling for an independent commission to investigate alleged human rights abuses by China in Xinjiang.

The issue is a litmus case for Chinese influence at the UN, as well as the willingness of the UN to endorse a worldview that protects individual rights from authoritarian states.

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West wavers on Ukraine proposals to seize Russian assets as reparations

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Exclusive: Ukraine lobbying UN and allies to clear legal path for extracting Russian compensation for war damage

Ukraine is facing a battle to persuade its western allies, including the UK, to back its proposal for any peace settlement with Moscow to include multibillion reparations by Russia, in part using seized Russian state and oligarch assets.

Ukraine is lobbying the UN general assembly to adopt a resolution that will become the basis for the creation of an international compensation mechanism that could lead to the seizure of as much as $300bn (£260bn) of Russian state assets overseas.

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France must rethink case of IS-linked women refused re-entry, rules ECHR

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Families argued detention in Syria exposed the two women and their children to inhumane treatment

The European court of human rights has condemned France over its refusal to repatriate French women who travelled to Syria with their partners to join Islamic State and are currently being held with their children at Kurdish-run prison camps.

The ruling will be studied closely by other countries who still have citizens detained in camps in north-eastern Syria, including the UK.

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Jean-Luc Godard chose to end life through assisted dying, lawyer confirms

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The medical report on death of 91-year-old director said he had chosen to end his life

Jean-Luc Godard, the maverick French-Swiss director who revolutionised post-war cinema in Europe, died by assisted dying, his lawyer has confirmed.

The medical report on the death of the 91-year-old director said he had chosen to end his life. He “had recourse to legal assistance in Switzerland for a voluntary departure” because he was “stricken with ‘multiple incapacitating illnesses’”, Godard’s legal council, Patrick Jeanneret, told AFP.

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Gay rights group was set up ‘to promote transphobic activity’, court told

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Claim comes in appeal by trans rights charity against decision to give LGB Alliance charitable status

The gay rights organisation LGB Alliance was set up to “promote transphobic activity rather than pro-LGB activities”, the head of Consortium, an umbrella group of LGBT organisations told a court on Monday.

In the first full day of hearings in the appeal by the transgender rights charity Mermaids against the Charity Commission’s decision to award charitable status to LGB Alliance, Paul Roberts, the chief executive of Consortium, said that LGB Alliance was created to pursue an anti-trans agenda.

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Revealed: Ginni Thomas’s links to anti-abortion groups who lobbied to overturn Roe

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Analysis of ‘amicus briefs’ shows how closely Clarence Thomas’s wife was entwined with rightwing effort to reverse 1973 ruling

Ginni Thomas, the self-styled “culture warrior” and extreme rightwing activist, has links to more than half of the anti-abortion groups and individuals who lobbied her husband Clarence Thomas and his fellow US supreme court justices ahead of their historic decision to eradicate a woman’s right to terminate a pregnancy.

A new analysis of the written legal arguments, or “amicus briefs”, used to lobby the justices as they deliberated over abortion underlines the extent to which Clarence Thomas’s wife was intertwined with this vast pressure campaign.

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Iran condemns two women to death for ‘corruption’ over LGBTQ+ media links

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Outcry over show trial, which follows Zahra Seddiqi Hamedani talking to BBC about abuse of gay people in Iran’s Kurdish region

Two women have been condemned to death in Iran because of their links to the LGBTQ+ community on social media, human rights groups have reported.

Zahra Seddiqi Hamedani, 31, and Elham Choubdar, 24, were found guilty of a number of charges by a court in Urmia, in the Iranian province of West Azerbaijan, on 1 September but the details of their sentences only emerged this week.

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The virtual jury’s out as appetite for true crime podcasts grows

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The Teacher’s Pet helped solve a 40-year-old murder but the popularity of real crime dramas raises questions and legal concerns

For the makers of The Teacher’s Pet, the result could not be better: an Australian man who murdered his wife 40 years ago was convicted after a detailed reinvestigation of the case by the true crime podcast.

It uncovered flaws in the original police investigation and an unwillingness by prosecutors to charge Chris Dawson with the murder of his wife, Lynette.

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