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Colombia court nixes military justice overhaul
Top Court Watch |
2013/10/25 15:51
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In a stiff blow to the government, Colombia's highest court for constitutional questions on Wednesday struck down an expansion of the military justice system that human rights activists had said would lead to greater impunity for war criminals.
In a 5-4 decision not subject to appeal, the Constitutional Court nullified a constitutional amendment and pursuant statute that would have placed under the jurisdiction of an expanded military justice system all but seven types of violations of international humanitarian law involving armed forces personnel.
Currently, all human rights cases are supposed to be tried in civil court.
Magistrate Jorge Ivan Palacio read a statement saying the court found "procedural defects" in the change's journey through Congress, accepting the arguments of opposition lawmakers and a top human rights lawyer. The decision was not released.
Defense Minister Juan Carlos Pinzon called the ruling "a blow to the morale of the military forces that without doubt will affect Colombians' security." He said the government would consider submitting a revised military court overhaul, but gave no details.
President Juan Manuel Santos was seen as having pushed the change through Congress to win the backing of military leaders for peace talks that began last year with the country's main rebel group in Cuba.
Santos repeatedly insisted the legal change would not lead to impunity in war crimes, but such arguments did not persuade members of the U.S. Congress, which withheld at least $10 million in military aid in objection to the measure. |
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NY court upholds conviction of California financer
Top Court Watch |
2013/10/23 11:55
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A New York appeals court has upheld the conviction of a California finance researcher who used code words like "recipes," "cooks" and "sugar" to disguise an insider trading scheme.
The 2nd U.S. Circuit Court of Appeals in Manhattan on Wednesday rejected various arguments made by Winifred Jiau.
She was convicted in June 2011 of wire fraud and conspiracy to commit securities fraud.
The Fremont, Calif., resident is serving a four-year prison sentence. She is scheduled to be released in June.
The appeals court rejected her request for a new trial. She had argued that the government was wrong to use as evidence recordings that were made because a worker could not hear well. |
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Spanish court convicts 53 in corruption trial
Top Court Watch |
2013/10/04 13:52
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A Spanish court convicted 53 people Friday in the country's biggest-ever corruption trial, which lasted two years and centered on widespread real estate fraud and bribery in the southern jet-set resort town of Marbella.
The defendants in the trial, which ended last year, included former town hall officials, lawyers and business representatives. The judge took several months to decide on the sentences — 40 other people were acquitted and two accused died while the case was being prepared.
Under a highly complex scheme in the mid-1990s, city funds were widely misappropriated, and public officials and business representatives divvied up under-the table kickbacks for planning permissions and construction of hotels, residential complexes and urban infrastructure. Much of the money was then laundered with the help of lawyers.
Marbella, located on Spain's southern coast, was a magnet for jet set and society figures from across the world during the 1970s and 1980s.
The man who prosecutors said was the mastermind of the fraud, former Marbella urban planning adviser Juan Antonio Roca, got the biggest sentence — 11 years — for money laundering, bribery and fraud. He also was fined 240 million euros ($326 million).
Roca has been in jail since 2006 when he was first arrested as the case broke. Back then, he was considered one of the richest people in Spain with his assets including ranches, fighting bulls, thoroughbred horses, art, expensive cars and boats.
The scheme began when late Atletico Madrid soccer club owner Jesus Gil y Gil was mayor of Marbella between 1991 and 2002. Roca began working for Marbella town hall under Gil and claimed during the trial that he was just following the mayor's orders. |
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Appeals court: Obama violating law on nuke site
Top Court Watch |
2013/08/19 15:42
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A federal appeals court says the Nuclear Regulatory Commission has been violating federal law by delaying a decision on a proposed nuclear waste dump in Nevada.
By a 2-1 vote, the U.S. Court of Appeals for the District of Columbia ordered the commission to complete the licensing process and approve or reject the Energy Department's application for a waste site at Nevada's Yucca Mountain.
In a sharply worded opinion, the court said the nuclear agency was "simply flouting the law" when it allowed the Obama administration to continue plans to close the proposed waste site near Las Vegas. The action goes against a federal law designating Yucca Mountain as the nation's nuclear waste repository.
The court said the president can't ignore a congressional mandate simply because of policy objections. |
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Court says Disneyland can keep Segway ban
Top Court Watch |
2013/07/26 10:58
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A California appeals court says Disneyland Resort can keep a ban on Segways at its parks.
The Orange County Register says the court ruled last week against a woman with muscular dystrophy who sued for discrimination four years ago because she couldn't use a Segway at Disneyland.
The 4th District Court of Appeal says Disney showed that the stand-up, two-wheeled scooter was unsafe to use inside the crowded Anaheim park.
Disney has since developed its own four-wheel standing scooter for use in the park. |
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