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Top Europe rights court condemns Switzerland in landmark climate ruling
Lawyer Interview |
2024/04/11 15:07
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Europe’s highest human rights court ruled Tuesday that countries must better protect their people from the consequences of climate change, siding with a group of older Swiss women against their government in a landmark ruling that could have implications across the continent.
The European Court of Human Rights rejected two other, similar cases on procedural grounds — a high-profile one brought by Portuguese young people and another by a French mayor that sought to force governments to reduce greenhouse gas emissions.
But the Swiss case, nonetheless, sets a legal precedent in the Council of Europe’s 46 member states against which future lawsuits will be judged.
“This is a turning point,” said Corina Heri, an expert in climate change litigation at the University of Zurich.
Although activists have had success with lawsuits in domestic proceedings, this was the first time an international court ruled on climate change — and the first decision confirming that countries have an obligation to protect people from its effects, according to Heri.
She said it would open the door to more legal challenges in the countries that are members of the Council of Europe, which includes the 27 EU nations as well as many others from Britain to Turkey.
The Swiss ruling softened the blow for those who lost Tuesday.
“The most important thing is that the court has said in the Swiss women’s case that governments must cut their emissions more to protect human rights,” said 19-year-od Sofia Oliveira, one of the Portuguese plaintiffs. “Their win is a win for us, too, and a win for everyone!”
The court — which is unrelated to the European Union — ruled that Switzerland “had failed to comply with its duties” to combat climate change and meet emissions targets. |
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Ken Paxton petitions to stop Dallas woman from getting an abortion
Lawyer Interview |
2024/02/20 10:31
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A judge on Friday rejected Texas Attorney General Ken Paxton ’s attempts to throw out felony securities fraud charges that have shadowed the Republican for nearly a decade.
The decision by state District Judge Andrea Beall, an elected Democrat, keeps Paxton on track for an April 15 trial on charges that he duped investors in a tech startup.
If convicted, Paxton faces up to 99 years in prison. Paxton, who has pleaded not guilty, appeared in the Houston courtroom for the hearing, sitting at the defense table with his attorneys.
“He’s ready for trial … This thing has been pending for eight years. (The special prosecutors) want to dance. Put on your shoes. It’s time to go. Let’s dance,” Dan Cogdell, one of Paxton’s attorneys, told reporters after Friday’s court hearing.
Brian Wice, one of the special prosecutors handling the case, said it was important that Paxton’s case go to trial because “no one is above the law. And that includes Ken Paxton. And that’s why this case matters.”
During Friday’s hearing, the other special prosecutor in the case, Kent Schaffer, announced he was withdrawing ahead of the trial.
After the hearing, Wice said the two prosecutors parted ways after disagreeing over Schaffer’s push to avoid a trial and instead settle the case through pre-trial intervention.
Wice said Schaffer had recently reached out to Cogdell with the offer for pretrial intervention, which is like probation and would ultimately lead to the dismissal of charges if a defendant stays out of legal trouble.
Wice said he doesn’t believe pretrial intervention would have been appropriate because there would be no admission of guilt and no jail time.
“And without an acknowledgment of guilt, to me, that was worse than a slap on the wrist. That was, gee, let’s get you a cocktail, a hot meal, and breath mint. And that wasn’t going to happen on my watch,” Wice said.
Cogdell said Schaffer had reached out to him about the proposal and he would have been happy to resolve the case without a trial and a dismissal of the charges.
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UN court rejects most of Ukraine’s terror financing case against Russia
Lawyer Interview |
2024/02/02 10:51
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The United Nations’ top court on Wednesday rejected large parts of a case filed by Ukraine alleging that Russia bankrolled separatist rebels in the country’s east a decade ago and has discriminated against Crimea’s multiethnic community since its annexation of the peninsula.
The International Court of Justice ruled Moscow violated articles of two treaties — one on terrorism financing and another on eradicating racial discrimination — but it rejected far more of Kyiv’s claims under the treaties.
It rejected Ukraine’s request for Moscow to pay reparations for attacks in eastern Ukraine blamed on pro-Russia Ukrainian rebels, including the July 17, 2014, downing of Malaysia Airlines Flight 17 that killed all 298 passengers and crew.
Russia has denied any involvement in the downing of the jetliner. A Dutch domestic court convicted two Russians and a pro-Moscow Ukrainian in November 2022 for their roles in the attack and sentenced them in their absence to life imprisonment. The Netherlands and Ukraine also have sued Russia at the European Court of Human Rights over MH17.
In another rebuke for Moscow, the world court ruled that Russia had violated one of the court’s orders by launching its full-scale invasion in Ukraine nearly two years ago.
The leader of Ukraine’s legal team, Anton Korynevych, called the ruling “a really important day because this is a judgment which says that the Russian Federation violated international law, in particular both conventions under which we made our application.”
The legally binding final ruling was the first of two expected decisions from the International Court of Justice linked to the decade-long conflict between Russia and Ukraine that exploded into all-out war almost two years ago.
At hearings last year, a lawyer for Ukraine, David Zionts, said the pro-Russia forces in eastern Ukraine “attacked civilians as part of a campaign of intimidation and terror. Russian money and weapons fueled this campaign.” |
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Hong Kong activist publisher Lai pleads not guilty to sedition charges
Lawyer Interview |
2024/01/02 09:54
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Prominent activist and publisher Jimmy Lai on Tuesday pleaded not guilty to three charges of sedition and collusion with foreign countries in a landmark national security trial in Hong Kong.
Lai was arrested during a crackdown on dissidents following huge pro-democracy protests in 2019. He faces possible life imprisonment if convicted under a sweeping national security law imposed by Beijing. The trial is expected to last about 80 days without a jury.
The 76-year-old media tycoon who founded the now-defunct Apple Daily newspaper faces one count of conspiring to print seditious publications to incite hatred against the Chinese and Hong Kong governments, as well as two counts of collusion with foreign countries to call for sanctions and other hostile actions against China and Hong Kong.
Flanked by three prison officers, Lai formally pleaded not guilty to the charges read to him, shortly after the court rejected a last-ditch attempt by his counsel to throw out a sedition charge.
Prosecutor Anthony Chau in his opening statements described Lai as a “radical political figure” and the “mastermind” behind a conspiracy. Chau also said that Lai had used his media platform to advance his political agenda.
Clips of interviews that Lai gave to foreign media as well as speeches at events between 2019 and 2020 were also played in court. In the video, Lai called for support from foreign governments and urged U.S. officials as well as then-President Donald Trump to impose “draconian” measures on China and Chinese officials in retaliation for imposing the national security law and restricting freedoms in Hong Kong.
His prosecution has drawn criticism from the United States and the United Kingdom. Beijing has called those comments irresponsible, saying they went against international law and the basic norms of international relations.
The Inter-Parliamentary Alliance on China, or IPAC, an international political group that’s critical of China’s human rights record and foreign policy, said Lai’s trial “fabricated” evidence that the media mogul was involved in its work. |
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Pierce Brosnan accused of trespassing in a Yellowstone thermal area
Lawyer Interview |
2023/12/29 13:55
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Pierce Brosnan, whose fictitious movie character James Bond has been in hot water plenty of times, is now facing heat in real life, charged with stepping out of bounds in a thermal area during a recent visit to Yellowstone National Park.
Brosnan walked in an off-limits area at Mammoth Terraces, in the northern part of Yellowstone near the Wyoming-Montana line, on Nov. 1, according to two federal citations issued Tuesday.
Brosnan, 70, is scheduled for a mandatory court appearance on Jan. 23 in the courtroom of the world’s oldest national park. The Associated Press sent a request for comment to his Instagram account Thursday, and email messages to his agent and attorney.
Yellowstone officials declined to comment. Brosnan was in the park on a personal visit and not for film work, the U.S. Attorney’s Office for Wyoming said.
Mammoth Terraces is a scenic spot of mineral-encrusted hot springs bubbling from a hillside. They’re just some of the park’s hundreds of thermal features, which range from spouting geysers to gurgling mud pots, with water at or near the boiling point.
Going out-of-bounds in such areas can be dangerous: Some of the millions of people who visit Yellowstone each year get badly burned by ignoring warnings not to stray off the trail.
Getting caught can bring legal peril too, with jail time, hefty fines and bans from the park handed down to trespassers regularly.
In addition to his four James Bond films, Brosnan starred in the 1980s TV series “Remington Steele” and is known for starring roles in the films “Mrs. Doubtfire” and “The Thomas Crown Affair.” |
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Russian authorities ask the Court to declare the LGBTQ ‘movement’ extremist
Lawyer Interview |
2023/11/20 09:47
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The Russian Justice Ministry on Friday said it has filed a lawsuit with the nation’s Supreme Court to outlaw the LGBTQ+ “international public movement” as extremist, the latest crippling blow against the already beleaguered LGBTQ+ community in the increasingly conservative country.
The ministry said in an online statement announcing the lawsuit that authorities have identified “signs and manifestations of extremist nature” in “the activities of the LGBT movement active” in Russia, including “incitement of social and religious discord.” Russia’s Supreme Court has scheduled a hearing to consider the lawsuit for Nov. 30, the ministry said.
It is not yet clear what exactly the label would entail for LGBTQ+ people in Russia if the Supreme Court sides with the Justice Ministry, and the ministry did not immediately respond to a request for comment. But the move in itself represents the latest, and possibly by far the most drastic, step in the decade-long crackdown on gay rights in Russia unleashed under President Vladimir Putin, who has put “traditional family values” at the cornerstone of his rule.
The crackdown, which began a decade ago, slowly but surely chipped away at LGBTQ+ rights. In 2013, the Kremlin adopted the first legislation restricting LGBTQ+ rights, known as the “gay propaganda” law, banning any non-critical public depiction of “nontraditional sexual relations” among minors. In 2020, Putin pushed through a constitutional reform to extend his rule by two more terms that also outlawed same-sex marriage.
In 2022, after sending troops into Ukraine, the Kremlin ramped up its rhetoric about protecting “traditional values” from what it called the West’s “degrading” influence, in what rights advocates saw as an attempt to legitimize the war in Ukraine. That same year, the authorities adopted a law banning propaganda of “nontraditional sexual relations” among adults, too, effectively outlawing any public endorsement of LGBTQ+ people.
Another law passed this year prohibited gender transitioning procedures and gender-affirming care for trans people. The legislation prohibited any “medical interventions aimed at changing the sex of a person,” as well as changing one’s gender in official documents and public records. It also amended Russia’s Family Code by listing gender change as a reason to annul a marriage and adding those “who had changed gender” to a list of people who can’t become foster or adoptive parents.
“Do we really want to have here, in our country, in Russia, ‘Parent No. 1, No. 2, No. 3’ instead of ‘mom’ and ‘dad?’” Putin said in September 2022 at a ceremony to formalize Moscow’s annexation of four Ukrainian regions. “Do we really want perversions that lead to degradation and extinction to be imposed in our schools from the primary grades?”
Authorities have rejected accusations of discrimination against LGBTQ+ people. Earlier this week, Russian media quoted Andrei Loginov, a deputy justice minister, as saying that “the rights of LGBT people in Russia are protected” legally. Loginov spoke in Geneva, while presenting a report on human rights in Russia to the U.N. Human Rights Council, and argued that “restraining public demonstration of non-traditional sexual relationships or preferences is not a form of censure for them.”
Putin, speaking at a culture-related event in St. Petersburg on Friday, called LGBTQ+ people “part of the society, too” and said they are entitled to winning various arts and culture awards. He did not comment on the Justice Ministry’s lawsuit. |
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