Deportation in sight for Abu Qatada as treaty signed between UK and Jordan

May 2, 2013 1:16 pm / Leave a Comment /

After many years of court appearances and appeal after appeal, the saga over radical cleric Abu Qatada (real name Omar Mahmoud Mohammed Othman) could be resolved relatively soon.

After an unsuccessful request earlier this year to get a hearing before the Supreme Court to overturn a prior ruling that deporting Abu Qatada would be against his human rights, Home Secretary Theresa May recently announced that a mutual assistance treaty had been signed by Jordan and the UK.

The treaty covers legal, diplomatic and related mutual assistance. In her statement to MP’s, Ms May affirmed that “these guarantees will provide the courts with the assurance that Qatada will not face evidence that might have been obtained by torture, in a retrial in Jordan.”

At this stage, it is neither signed nor ratified, but is approved of in theory, and is subject to further discussions prior to ratification. This process could take several months. When announcing the treaty to the House of Commons, Ms May stated that even after the ratification of the treaty, Abu Qatada could still appeal any subsequent deportation.

This is the latest episode in an on-going legal battle by the Home Office over the last decade to deport the extremist Islamic cleric to his native Jordan. Responding to various deportation orders, he has successfully appealed to Europe that such an act would be in breach of human rights. The Jordanian government has used evidence obtained by torture in the past, and the prospect of the UK sending someone overseas to face trial or detention under evidence obtained or tainted by torture is totally incompatible with British government policy on legal and ethical grounds.

With the failure to extradite the radical cleric a sore point for the government, Ms May stated that all options were being considered. This includes the UK government possibly issuing a declaration of incompatibility from the European Charter of Human Rights on this matter, or other mechanisms to withdraw from the ECHR temporarily. Both government and opposition ministers have heavily criticised such a concept, with the Lib Dems declaring that they would block such an attempt. Shadow home secretary Yvette Cooper accused the Home Secretary of “overstating her legal strategy, which has not worked” in the past, and in this matter, with commentators saying that any withdrawal from ECHR is unprecedented.

The Special Immigration Appeals Commission (SIAC- adjudicator on national security-related deportations) overturned a prior ruling for Qatada’s deportation last year; upon a Home Office appeal, the Court of Appeal upheld this ruling. With her current request to get the case referred to the Supreme Court blocked, Ms May in now attempting to apply to the Supreme Court directly to be allowed to challenge the Appeal Court ruling. Failing that, the treaty will be ratified and come into force.

In the meantime, Abu Qatada remains in the UK under strict bail conditions, the subject of intense legal battles hinging over whether public safety and government agenda can overturn human rights and anti- torture principles and laws; both sides have a very strong legal and moral standpoint in this long lasting saga.

Posted in: Cases, Equality Law / Tagged: , , , ,

England-only laws ‘need majority from English MPs’

April 1, 2013 3:50 pm / Leave a Comment /

A recent report compiled by the McKay Commission says that law which are only to affect England should need backing from just MP’s who are representatives of English constituencies. The Commission which was set up last year stated that such a practise should be incorporated in the workings of the House of Commons. Its task was to consider whether MP’s representing parties from outside of England should have a vote in matters which are to be only applicable in England.

The government stated that the report would be given “serious consideration” although such a drastic change appears unlikely. The topic of Welsh, Scottish and Northern Irish politicians being able to vote in English-only debates has been controversial for quite some time with the latest storm occurring when the government pressed for the increase of university fees with the help of Scottish and Welsh MP’s.

The commission’s proposal is that the House of Commons should address matters which are only to apply to England with “the consent of a majority of MPs sitting for constituencies in England”. This would also happen for decisions which apply only to England and Wales. The commission has put forward the suggestion for Parliament to allot time for debating legislation for England with MP’s having the opportunity to cast their vote. Moreover, parliamentary committees who analyse bills should be weighted in order to reflect the parties in England.

The general consensus appears to be that of unfairness for England as it is a disadvantage for the devolved nations to have a say in English-only matters. The chairman of the commission stated in the modern day legislative making process, Westminster has come to focus on the law making of England, in addition to Wales in some cases. He went further to say that even though this was the case the process for making the laws were decayed and did not reflect modern politics. According to surveys it would appear that the general public are not happy with the current circumstances and would welcome a change.


Posted in: Law Reforms / Tagged: , , ,

Lack of Awareness on Disability Hate Crimes

March 21, 2013 3:09 pm / Leave a Comment /

Reports by the HM Inspectorate of Constabulary, the Crown Prosecution Service (CPS) and the National Probation Service, have shown that victims of hate crimes are being let down by the Criminal Justice System. Attacks are also not being properly recorded, according to the investigation.

The three inspectorates have said that there is an under-reporting of hate crime, but there is however no fixed statutory definition of what actually constitutes disability hate crime.  The Chief Inspector of the CPS, Michael Fuller, said the Law Commission had been asked to consider whether there should be a specific offence for these type of discrimination.

The matter has received wide scale publicity due to high profile cases in the media. Fiona Pilkington is an example who killed herself as well as her disabled daughter Francesca in 2007, as a result of Leicester police failing to acknowledge and investigate the years of pain they suffered due to disability hate crime.

The report said “Many police forces do not have in place an approach that supported disabled victims from the point of call through to the case being considered at court…. CPS lawyers display a lack of clarity in identifying and analysing offences, and sometimes fail to obtain sufficient evidence from the police in order to identify disability hate crimes.”

The report from the three institutions suggests there is an inconsistency in recording crime and also a lack of awareness: “This report finds that in many ways disability hate crime is the hate crime that has been overlooked. The criminal justice system must therefore change to provide an improved service for those with disabilities”, said Mr Fuller.

Section 146 of the Criminal Justice Act which came into force in 2005 states the courts can impose higher sentences for those who have an aggravating factor in the case, of disability hate crime.  Out of 810 disability hate crimes recorded by the CPS, only seven had shown that the offenders sentence had increased on that ground. This suggests disability hate crime is not still considered an important issue.

Reports have also shown that the North West region of England faces three times more disability hate crime than anywhere else in the country.

A difficulty which has however been identified is that in cases officers are often too embarrassed to ask whether they are disabled which can often lead to crime going on unidentified.

This quest article was provided by Henry Court. Henry has published on a number of sites and is affiliated with PPIClaimCo.com – fighting for what’s right and what’s fair.

Posted in: Crime, Equality Law / Tagged: , , , ,

India Government Pledges for Stricter Laws

February 16, 2013 3:43 pm / Leave a Comment /

The Indian government has faced pressure to reform its laws on sexual assaults after a 23-year old woman was gang raped and murdered on a bus in Delhi. The government finally announced its plans to pass stricter laws on sexual assaults and human trafficking early this week.

Many activists have lauded the government’s new efforts, stating that they are some of the most drastic efforts India has ever taken to protect the rights of women. However, many protestors feel that the laws don’t go far enough. They said that the government must remove some of the loopholes that allow some rapists to escape prosecution. The new laws will not hold husbands or members of the Armed Forces legally culpable for any sexual assaults they make against women.

The new laws have been passed by the government and have come into effect this week. However, they have not yet been ratified by Parliament. Parliament is in recess and will need to sign off on the legislation by July.

Women’s rights activists will be voicing their opinions to Parliament when lawmakers return from recess. They hope that Congress will vote in favor of the new legislation. Bhuwan Ribhu said that the government appears to be very concerned about protecting the rights and safety of women in India.

Previous laws only defined rape to include penetration. Offenders who committed other sexual assaults could only be charged with criminal assault. Very few offenders were charged under those laws and the ones who were received very light sentences.

The new laws will also outlaw trafficking. Even individuals who employ the services of children as maids can face up to five years in prison after conviction. This new law could drastically reduce the prevalence of child labor throughout the country.

Critics still hope that the government will consider further revisions to the new law. They said the law should be changed to outlaw marital rape and allow prosecutors to charge members of the military in civil court.

Posted in: Crime, Law Reforms / Tagged: , , ,

The Implications of the Jackson Reforms on No Win No Fee Solicitors

February 4, 2013 8:30 pm / Leave a Comment /

No win no fee litigation means that the lawyer who advises a client won’t charge the client unless the client wins. This looks like a win-win situation both from the lawyer’s perspective and the clients, but it’s not that simple. The client only has to pay the lawyer if he/she wins the case in court and doesn’t have to pay a penny if the case is lost.

However, what is not known by most people in need of a lawyer’s advice is that a lawyer who works under circumstances like these, charges the client much more than a “normal fee based” lawyer does. Lawyers who work this way also have to keep in mind certain things, like if the case is lost they don’t receive any money at all and all their work has been for nothing which they can’t afford, no one can afford to work for free, so there for “no win no fee” lawyers usually pick a clear cut case where the victory is at hand. Now what are the implications of the Jackson Reforms on No Win No Fee Solicitors?

This reform will most definitely change the future of the no win no fee business, some claim that many lawyers who work as “no win no fee” lawyers today take too much money from their clients and with the Jackson Reform implemented in April 2013 the clients will not need to pay their lawyers more than they get, some argue that this will reduce the amount of lawyers working under these circumstances due to the reducing payments etc.

A Ministry of Justice spokesman said: “We are committed to reforming the ‘no win no fee’ system so that legal costs for reasonable compensation claims will be more proportionate, and avoidable claims will be deterred from going to court.”

So it is understood that the Jackson Reform will bring a fresh change to the way the civil justice system works today, but whether it will be useful for the lawyers and their clients, remains to be seen.

Posted in: Law Reforms / Tagged: , , ,

10 Benefits of legal tax advice for private individuals

January 29, 2013 2:06 pm / Leave a Comment /

The numerous private clients, a tax lawyer and specialist are very important especially nowadays. Across the UK and other nations abroad, legislation regarding taxes, tax evasion cases and other serious offenses are being cracked down. High risk investigations are being done by tax authorities to make sure that those from the rising middle class population will be provided the right level of attention. The right tax advice and strategy can have a big impact to the client. At the end of the day, you still have to pay your taxes and it is necessary to declare these taxes to ensure you avoid serious repercussions from authorities.

Legal tax advice is a proactive strategy to ensure that private clients will get the necessary service and not be subject to problems that could be tantamount to legal sanctions. Having a team of professional finance planners and legal guardians can be very helpful especially for those who might be facing problems such as tax investigations. A lot of middle class professionals from doctors to lawyers experience these crackdowns and the experience is never good or enjoyable. On the contrary, the experience can be very challenging. It is necessary to seek advice from skilled lawyers and financial planners who can help you make the necessary actions such as voluntary disclosures and other methods that are recognized by authorities.

Those who have high net worth such as entrepreneurs, sportsmen, owners of private equity firms, entertainers and recognized professionals can benefit greatly from legal services and professional finance guidance and planning. Being labeled as a tax evader is a bad experience for anybody and it could even mean lost opportunities. It is necessary to get help from skilled professionals who can thoroughly understand the industry and how it works. At the end of the day, it is your decision if you shall go triumphant or be subject to legal sanctions.

Posted in: Tax Law / Tagged: , ,

Morocco Will Overturn Law Giving Immunity to Rapists Who Marry their Victims

January 22, 2013 5:43 pm / Leave a Comment /

The Moroccan government has announced that it plans to make changes to an antiquated law that compels rape victims to marry their rapists. The announcement follows the suicide of a teenage rape victim who took her own life last month after being forced to marry her attacker. Reforms to this new law will mean that more rapists will face justice for their crimes.

Women’s rights groups are praising the new announcement. However, they also feel that additional reforms will also need to be made. The law also allows rapists to escape prosecution for kidnapping and stealing from a minor if they agree to marry them. The controversy of the suicide of Amina Filali has not inspired lawmakers to pass those reforms. Activist groups hope that they can change these laws in the near future as well.

Critics have stated that the laws were counterproductive since the day they were written. They were written to reduce the shame victims and their families must bear. Similar practices are passed in other Islamic countries where a woman and her family face ridicule if she loses her virginity outside of marriage.

However, the law has only forced victims to continue to remain captive to their abusers. Filali did not commit suicide because of the trauma after being raped. She took her life to escape the seven month marriage to the man who raped her.

Khadija Ryadi is president of the Moroccan Association for Human Rights. Ryadi said that reforming this article is a step in the right direction. However, she said that the entire penal code will need to be changed. Ryadi and other critics of the law state that it is unjustly biased against the interests of women.

The announcement is positive for everyone fighting for women’s rights. However, lawmakers may take a long time to update it. They have been deliberating on another law geared towards protecting women for more than eight years.

Posted in: Law Reforms / Tagged: , , , ,

Some Interesting Facts about Consumer Rights

January 4, 2013 11:22 am / Leave a Comment /

When we buy something we naturally expect it to do as it is intended; indeed, the Sale of Goods Act, which covers consumer rights in the UK, declares that goods should ‘fit for the purpose’ and ‘of satisfactory quality. However, there are some points that it pays to understand, among them the following essential tips:

  • A retailer is not obliged to give you a refund if you are returning something you have decided you do not like. It is up to them if they accept the return.
  • The onus is on the supplier to prove that goods which you return as faulty, within six months of purchase, were not faulty when they were purchased.
  • You do not need a receipt to return an item; you may be asked to provide proof of purchase such as a bank or credit card statement.
  • You bought from the retailer, so your contract is with them; return faulty goods to the place you bought them, not to the manufacturer.
  • Many people are wary of shopping online, but in fact you have an automatic seven day cooling off period following the date of receipt of the items, with entitlement to a full refund if you decide you are not happy. This applies whatever your reason for returning the item.
  • If you were made aware by a retailer that sale goods were faulty you are not entitled to a refund if you return them.
  • If the retailer refuses your requests you can take them to the small claims court, and this applies for six years after the purchase of the goods.

Consumer law can be a complex subject, but the above list represents some of the more important aspects of your right to a refund or a repair when it comes to faulty goods.

Posted in: Consumer law / Tagged: , , , , ,