Brussels launches legal action over Polish rulings against EU law

European Commission says it has ‘serious concerns’ about challenges by Warsaw’s constitutional tribunal

The European Commission has begun legal action against Poland over rulings by the country’s constitutional court that challenged the supremacy of EU law, in an escalation of the long-running battle between Brussels and Warsaw.

The EU executive said it had “serious concerns” about the Polish constitutional tribunal and its recent case law, citing rulings where the court had challenged the primacy of EU law.

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Barrister who sued after colleague asked him to stop farting loses case

Lawyer said flatulence was caused by heart medication and argued the request violated his dignity

A senior barrister who sued the Crown Prosecution Service (CPS) after a colleague asked him to stop breaking wind in the room they worked in together has lost his case.

Tarique Mohammed sued for harassment and told an employment tribunal that his repetitive flatulence was caused by medication he was on for a heart condition.

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Calls for femicide to become separate crime in Greece mount as two more women killed

‘It has to be recognised as a term and as a crime’, says government opposition, after unprecedented number of women murdered by partners

The Greek government has come under growing pressure to introduce femicide as an offence in the country’s penal code amid outrage over the growing and unprecedented number of women being brutally murdered by their partners.

Two women were murdered by their husbands within five days last week, bringing the death toll to 17 since January, according to state-run television. Both men allegedly told police that they had killed their wives out of fear that they would leave them.

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Hotel Rwanda hero to terrorist ‘show trial’: Paul Rusesabagina’s daughters on the fight for his freedom

Tricked into boarding a plane back to Kigali and allegedly coerced into confessing, the high-profile exile faces 25 years in prison, but his family are determined to keep up the pressure

The children of Paul Rusesabagina, the imprisoned Rwandan opposition figure, are only able to speak to their father for five minutes once a week. Even then the Rwandan authorities listen into the phone call.

Tricked into boarding a private plane in Dubai and flown to Kigali, the 67-year-old Rusesabagina – who came to international attention after his life-saving acts were depicted in the Hollywood film Hotel Rwanda, set during the country’s genocide in 1994 – was given what his family says was a show trial and jailed over allegations that he had been a founder and leader of a terrorist group.

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UK changes tack over Northern Ireland protocol with push for ‘interim’ deal

Brexit minister David Frost is seeking agreement on customs and imports to NI and could drop insistence on total exclusion of ECJ

The UK is to change tack in negotiations over the Northern Ireland Brexit protocol and will push for an “interim” deal to avert any further deterioration of political stability in the region.

Brexit minister David Frost is set to propose a new approach based on a “staged solution” with a deal on customs declarations and physical checks on goods a priority to address the immediate impact on people’s lives and livelihoods.

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Female sailor tells royal commission navy failed to protect her after alleged sexual assault by shipmate

Young woman says she was stalked, abused, punished and denied help by her chain of command until she became suicidal

A female sailor who was 18 when she was sexually assaulted by a fellow shipmen says the navy failed to protect her, and her fellow sailors taunted her with threats her career was ruined “because I couldn’t shut my legs”.

The young sailor, who had joined the navy at 17, told the royal commission into Defence and Veteran Suicide on Friday that over the next five and a half years she would be stalked, abused, punished and denied help by her chain of command until she became suicidal.

Crisis support services can be reached 24 hours a day: Lifeline 13 11 14; Suicide Call Back Service 1300 659 467; Kids helpline 1800 55 1800; MensLine Australia 1300 78 99 78; Beyond Blue 1300 22 4636

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Women in prison ignored by feminist funders that find them less ‘marketable’, says NGO head

Survey by Women Beyond Walls finds 70% of groups working with incarcerated women do not receive funds from women’s rights foundations

The global feminist movement is failing to support organisations working with women in prison, as donors shy away from funding projects aimed at people with “complicated” narratives, says lawyer and activist Sabrina Mahtani.

Mahtani, founder of Women Beyond Walls (WBW), said many NGOs around the world were doing vital work “supporting some of the most marginalised and overlooked women” in society, including providing essential legal services and reducing pretrial detention time.

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UK ‘embarrassed’ into funding Mozambique gas project, court hears

Friends of the Earth cites documents suggesting UK’s reputation could suffer if it pulled $1.15bn of promised support

The UK was “embarrassed” into funding a huge gas project in Mozambique while considering ending overseas support for fossil fuels, a court has heard.

During a three-day high court hearing, Friends of the Earth highlighted government documents that suggested there would be “obvious repercussions” if the government did not follow through on $1.15bn of support to an offshore pipeline and liquefied natural gas plant in Cabo Delgado province.

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Helping refugees starving in Poland’s icy border forests is illegal – but it’s not the real crime | Anna Alboth

The asylum seekers on the Poland-Belarus border are not aggressors: they are desperate pawns in a disgusting political struggle

One thought is a constant in my head: “I have kids at home, I cannot go to jail, I cannot go to jail.” The politics are beyond my reach or that of the victims on the Poland-Belarus border. It involves outgoing German chancellor, Angela Merkel, getting through to Alexander Lukashenko, president of Belarus. It’s ironic that this border has more than 50 media crews gathered, yet Poland is the only place in the EU where journalists cannot freely report.

Meanwhile, the harsh north European winter is closing in and my fingers are freezing in the dark snowy nights.

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Bernard Collaery trial: Coalition tells high court release of judgment would risk national security

Collaery won ACT court of appeal case lifting previous secrecy orders and declaring importance of open justice

The full publication of a key judgment in the trial of Bernard Collaery would prejudice Australia’s national security and must not be allowed, the federal government has told the high court.

Prior to October, significant parts of Collaery’s trial were to be shrouded in secrecy after some of Australia’s most senior intelligence and foreign affairs officials convinced a court of the risk an open hearing posed to national security.

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Fortress Europe: the millions spent on military-grade tech to deter refugees

We map out the rising number of high-tech surveillance and deterrent systems facing asylum seekers along EU borders

From military-grade drones to sensor systems and experimental technology, the EU and its members have spent hundreds of millions of euros over the past decade on technologies to track down and keep at bay the refugees on its borders.

Poland’s border with Belarus is becoming the latest frontline for this technology, with the country approving last month a €350m (£300m) wall with advanced cameras and motion sensors.

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My role in clearing the man wrongly convicted for rape of Alice Sebold

Why didn’t the writer, the US justice system and the media ask more questions given the miscarriage of justice, asks the film producer whose investigation led to exoneration of Anthony Broadwater

 Anthony Broadwater, a 61-year-old resident of Syracuse, New York state, and former marine, was exonerated last week of the brutal rape, assault and robbery of best-selling author Alice Sebold. He was convicted in 1982.

Sebold was savagely attacked while walking home from a friend’s house late one night. Five months later, Sebold said she saw her attacker in Syracuse town centre.

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Rights groups urge EU to ban NSO over clients’ use of Pegasus spyware

Letter signed by 86 organisations asks for sanctions against Israeli firm, alleging governments used its software to abuse rights

Dozens of human rights organisations have called on the European Union to impose global sanctions on NSO Group and take “every action” to prohibit the sale, transfer, export and import of the Israeli company’s surveillance technology.

The letter, signed by 86 organisations including Access Now, Amnesty International and the Digital Rights Foundation, said the EU’s sanctions regime gave it the power to target entities that were responsible for “violations or abuses that are of serious concern as regards to the objectives of the common foreign and security policy, including violations or abuses of freedom of peaceful assembly and of association, or of freedom of opinion and expression”.

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Meghan calls for tabloid industry overhaul as Mail on Sunday loses appeal

ANL had brought appeal after duchess sued publisher over articles relating to letter she sent to estranged father

The Duchess of Sussex called for a reshaping of the tabloid newspaper industry and said she had been patient in the face of “deception, intimidation, and calculated attacks” as the Mail on Sunday lost its appeal in its three-year privacy battle with her over a letter to her estranged father.

Meghan sued Associated Newspapers Limited (ANL), also the publisher of Mail Online, over five articles reproducing parts of the “personal and private” letter to Thomas Markle, 77, in August 2018.

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ECJ adviser backs rule-of-law measure in blow to Poland and Hungary

Court advised to dismiss challenge against law that lets EU block funds to states that curb judicial independence

EU authorities can cut funds to member states that are corrupt and curb independent courts, a senior adviser to the bloc’s top court has said.

In a setback for the nationalist governments of Poland and Hungary, a European court of justice senior lawyer said a law linking EU funds to respect for the rule of law was legally sound.

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‘They can’t silence us’: the female lawyers defending Colombia’s environment

Legal team faces daily threats as it works to protect displaced families from landowners, ecosystems from mining and indigenous groups from oil companies

Julia Figueroa never leaves her house without security. She travels with two bodyguards and an armoured vehicle. Her home and office are watched around the clock. She carefully monitors any devices that might contain compromising information about her clients.

As the director of the Luis Carlos Pérez Lawyers Collective Corporation (CCALCP), threats to her life are a daily occurrence. The all-female group of lawyers provides legal representation to small-scale farmers and indigenous communities affected by the armed conflict in Colombia. Their work includes defending displaced peoples and victims of state crime, but also defending environmental rights, including fighting mining companies that seek to extract resources, often at the expense of the local water supply and the surrounding environment.

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El Salvador ‘responsible for death of woman jailed after miscarriage’

Inter-American court of human rights orders Central American country to reform harsh policies on reproductive health

The Inter-American court of human rights has ruled that El Salvador was responsible for the death of Manuela, a woman who was jailed in 2008 for killing her baby when she suffered a miscarriage.

The court has ordered the Central American country to reform its draconian policies on reproductive health.

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How an innocent Black man served time for the rape of author Alice Sebold

Anthony Broadwater spent 16 years in jail as victim of miscarriage of justice but has accepted author’s apology

On 4 November 1981, five Black men in matching light blue shirts filed into a narrow, well-lit room on the third floor of a police station in Syracuse, New York, and turned to face a one-way mirror. On the other side, a 19-year-old white student stepped towards the glass, and tried to identify which of them was her rapist.

The student, Alice Sebold, would go on to a storied literary career. She had been the subject of a horrific attack late one night in May of the same year, dragged into a tunnel from a path in a public park and forced to lie down among broken bottles.

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Religious discrimination bill: moderate Liberals strike deal to protect gay students

Proposed amendments to Sex Discrimination Act may not be enough to see legislation pass lower house this week

The Morrison government has struck a deal with some moderate Liberal MPs to support its contentious religious discrimination bill, agreeing to make immediate changes to protect gay students from discrimination in religious schools.

But the proposed amendments to the Sex Discrimination Act, which were negotiated between Queensland MP Angie Bell and the attorney general, Michaelia Cash, may not be enough to win over all moderate MPs and see the bill pass through the lower house this week.

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Even after 40 years the response to Aids in many countries is still held back by stigma | Hakima Himmich and Mike Podmore

It is hard to protect yourself from HIV when having sterile syringes or condoms can lead to arrest: discrimination is restricting progress in eliminating HIV

Forty years after the first cases of Aids were discovered, goals for its global elimination have yet to be achieved. In 2020, nearly 700,000 people died of Aids-related illnesses and 1.5 million people were newly infected with HIV.

This is despite scientific and medical advances in the testing, treatment and care of people living with HIV.

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