LegalPost.eu

The right to a fair trial has long been recognised by the international community as a fundamental human right. Without a fair trial every individual risks becoming the victim of a miscarriage of justice. Either as an innocent suspect wrongly convicted, or as a victim unable to secure justice for a wrong perpetrated against them.  Ebru Timtik was one of 18 lawyers in Turkey who were members of the Progressive Lawyers Association, some of which were working at the People’s Law Office, made subject to a prosecution in the Istanbul 37th Assize Court under Articles 314 and 220 of the Turkish Penal 2 Code for terrorist offences. She and her colleagues were convicted on 20 March 2019 after a trial during which basic procedural safeguards and internationally recognised fair trial principles were ignored. Her conviction was based on the testimony of anonymous witnesses, many of which gave inconsistent testimony in relation to alleged facts and time periods. Documents allegedly obtained from g

Every year across Europe, millions of Europeans are victims of consumer fraud. They are cheated or misled about their purchases, or they experience payment card fraud. People with disabilities are more likely to fall victim to fraud than other groups. These are some of the findings of the Fundamental Rights Agency’s (FRA) recent survey into people’s experiences of crime. On the World Consumer Rights Day, FRA calls on EU countries to step up their efforts to protect consumers. FRA’s ‘ Crime,safety and victims’ rights ’ report reveals that: Consumer fraud – over one in four people (26%) in the EU were cheated or misled about goods, items or services purchased in the five years before the survey. Young people and those with higher levels of education experienced more online fraud. This may be because they shop more frequently online. Online banking fraud – nearly one in 10 (8%) experienced online banking or payment card fraud in the five years before the survey. Rates vary significant

Europol supported the Spanish National Police (Policía Nacional) to dismantle a criminal group distributing illegal video streams. The investigation also involved law enforcement authorities from Andorra and Portugal. The investigation started in October 2018 when the Spanish National Police received complaint reports from the Alliance for Creativity and Entertainment, Football Association Pretoria, the Premier League and the Spanish Football League (La Liga Espanola de Fútbol) about a mobile application illegally distributing video streams. The application, downloaded by more than 100 million users via different websites, illegally offered the streaming of videos and TV channels.  The investigation identified a number of connected websites and platforms located in Spain and Portugal with connections to servers in Czechia. The Spanish company behind the illegal activity earned its profits through advertisements. Through the computer infrastructure and power, they were able to sell

By George Kazoleas, Lawyer Two recent cases, one by the European Court of Human Rights and the other by the Athens Court of First Instance with similar facts, show once again that justice can dispel the darkness caused by human deceit having as a result the distortion of real facts. Against time and limitation Time, was essentially the reason why the courts in Serbia denied the 50-year-old Peda Boljevic the right to know the truth about who his biological father was. Until 2011 he believed that A was his real father but when he died, Boljevic discovered in old court rulings around 1970 that A could not be his biological father. So, at the beginning of 2012, he filed a lawsuit with his mother, invoking the old decisions by also adding the argument that back then there was no DNA test, but today this could be done based on a court decree. The courts in Serbia, both the court of first instance and the court of appeals, rejected his application as lapsed, after so many years. In particular

The Office of Public Counsel for Victims of the International Criminal Court (ICC) in Haque wants to recruit an Associate Legal Officer . The Statute of the International Criminal Court establishes an internationally new and unique system for the participation of victims in the proceedings before the Court. In addition, the Statute also provides victims with the right to apply for reparation for the harm suffered as a result of crimes under the jurisdiction of the Court. Due to the complexity of procedures governing the functioning of the Court, victims are legally represented and assisted. For the purpose of assisting victims with regard to their participation in proceedings and obtaining reparations, the Regulations of the Court has established the Office of Public Counsel for Victims that falls within the Registry solely for administrative purposes and otherwise shall function as a wholly independent office. In performing their tasks of assisting external legal representatives, as

Today, 8 March 2021, the International Criminal Court ("ICC" or the "Court") joins the international community in marking International Women's Day and seizes the occasion to announce the appointment of a Focal Point for Gender Equality at the Court. "I am pleased to announce that the ICC has finalised the recruitment of the Court's Focal Point for Gender Equality who will start her work today. This is a crucial milestone towards effectively improving gender-related issues in our institution," said ICC President, Judge Chile Eboe-Osuji. The Focal Point will assist the Court's Leadership in their efforts to strengthen gender related policies across the Court and to address issues related to employment conditions of women in the institution, including gender balance at all levels of employment. The Focal Point's key functions will include monitoring the Court's progress in strengthening gender equality; advocating on issues impacting

Women in Law : What Are The Challenges Around The World? Event by  Interlegal International Network As part of International Women's Day, the Interlegal International network presents a panel discussion on the challenges that face women in law around the world and how to empower women around us. Meet five women with inspiring professional backgrounds from 3 different continents. Our facilitator and the four panelists stand out in the field of law in their respective countries. They will discuss the evolution of the profession for women, the challenges to come for the new generation of lawyers, the barriers they have encountered as an entrepreneurs, the place of women in their country... -Gabriele Brand-Ogris, partner at BRAND RECHTSANWÄLTE GMBH in Austria and Vice-President at Interlegal -Maude Fréchette, cofondatrice de YULEX, attorneys and strategist in Canada -Özlem Kurt, Partner at Kurt and Partners in Turkey -Tone Bjørn, Partner at Consilium Advokatfirma in Norway -Tani

On 2 February 2021, the European Data Protection Supervisor (EDPB) adopted Recommendations on the adequacy referential under the Law Enforcement Directive (LED). The aim of this document is to provide a list of elements to take into account when assessing the adequacy of the protection of personal data in non-EU countries in the field of law enforcement and criminal justice. A similar  adequacy referential under the GDPR  was already adopted by the EDPB in 2018. Building on the legal provisions of the LED and the case law of the Court of Justice of the EU, the document lays down the EU data protection standards for transfers in police cooperation and judicial cooperation in criminal matters. The adoption of the LED adequacy referential is timely, as it will provide practical guidance for the Commission when assessing the adequacy of the UK.   The EDPS played an active role in the preparation and adoption of the document, especially because the Commission’s adequacy decisions under

At the beginning of this year, the European Stability Mechanism (“ESM”) Members signed the agreement amending the ESM Treaty, which provides the legal basis for a set of new and broadened tasks for the ESM following the ratification of the revised treaty. In this context, ESM is looking for an experienced Legal Counsel to join the Legal department to strengthen the current legal capabilities, and to assist the ESM in preparing for these new and increased responsibilities. The selected candidate will be responsible for the institutional and corporate affairs of the ESM, now and in future, thereby working closely together with the other legal counsel within the Legal department. S/he will report directly to the Head of Legal and Procurement. This position involves leading, supporting, and participating in the implementation of the ESM reforms from a legal point of view, as well as supervising the relevant legal frameworks of both the ESM and the EFSF. It includes advising on a broad

The Department for the Execution of Judgments of the European Court of Human Rights (ECHR) has published a  new factsheet  focusing on cases related to children. The factsheet summarises measures reported by 29 member states to safeguard and protect children’s rights in response to 62 different judgments from the Strasbourg court. It includes sections on protecting children from ill-treatment, detention, access to a court, children’s rights in family law matters and their protection from discrimination. This is the sixth in a series of thematic factsheets on changes which have been brought about through the implementation of ECHR judgments. Previous factsheets cover constitutional matters, effective investigations, freedom of religion, the environment and the independence and impartiality of judicial systems. Factsheets are already available in several different languages and further translations are planned. (coe.int) The recent factsheet is available here

On 8.2.2021, Judge Joan E. Donoghue (United States of America) was elected President of the International Court of Justice by her peers, and Judge Kirill Gevorgian (Russian Federation) was elected Vice-President, each for a term of three years. Biographies of President Donoghue and Vice-President Gevorgian, who have been Members of the Court since 9 September 2010 and 6 February 2015, respectively, can be found on the Court’s website, under the heading “Members of the Court”/“CurrentMembers”. Following the elections held on 12 November 2020 by the United Nations General Assembly and Security Council to fill the five seats which were due to fall vacant on 6 February 2021 (see press release No. 2020/33), the composition of the Court is now as follows: President : Joan E. Donoghue (United States of America) Vice-President:   Kirill Gevorgian (Russian Federation) Judges: Peter Tomka (Slovakia), Ronny Abraham (France), Mohamed Bennouna (Morocco), Antônio Augusto Cançado Trindade (

UNICEF is seeking to recruit a Legal Affairs Specialist (Administrative Law Specialist), P-4, Administrative Law Unit, Office of the Executive Director, Budapest The post is located in the Administrative Law Unit (ALU) within the Office of the Executive Director. ALU is principally responsible for advising the Deputy Executive Director, Management, on all administrative-law related matters, including on requests for management evaluation of administrative decisions brought by staff members under the UN Staff Rules and on all matters relating to possible misconduct and the disciplinary process. ALU represents the Secretary-General in proceedings before the United Nations Dispute Tribunal (UNDT) in all cases involving UNICEF staff members. As part of its functions, ALU assists in the development and updating of relevant administrative policies, such as UNICEF's disciplinary and prohibited conduct policies. It also advises on matters relating to the internal justice system in genera

On Wednesday 24.2.2021 (13.45 – 15.15), Members of the European Parliament will discuss women’s rights and the rule of law in Poland with Commissioner Dalli and civil society representatives. The  hearing  is jointly organised by the  Civil Liberties, Justice and Home Affairs  and the  Women’s Rights and Gender Equality  committees. It will focus on the impact of measures and attacks on women’s sexual and reproductive health and rights in Poland, such as the right to access healthcare, the right to privacy, and the right to education. The hearing will also examine how various communities still face discrimination, in conjunction with the deteriorating situation of the rule of law. In the first session, MEPs will exchange views with  Commissioner for Equality Helena Dalli . The second part will feature: Wojciech HERMELIŃSKI, attorney, former Judge of the Constitutional Tribunal, Chair of the National Electoral Commission from 2014 to 2019, Marta LEMPART, Leader of the Polish Women

On 4 February 2021, Trial Chamber IX of the International Criminal Court ("ICC" or "Court") found Dominic Ongwen guilty for a total of 61 comprising crimes against humanity and war crimes, committed in Northern Uganda between 1 July 2002 and 31 December 2005. The verdict may be appealed by either party to the proceedings within 30 days after the notification of the Judgment. ICC Trial Chamber IX, composed of Judge Bertram Schmitt, Presiding Judge, Judge Péter Kovács and Judge Raul Cano Pangalangan, analysed the evidence submitted and discussed before it at trial and found, beyond any reasonable doubt, that Mr Ongwen is guilty of the following crimes: attacks against the civilian population as such, murder, attempted murder, torture, enslavement, outrages upon personal dignity, pillaging, destruction of property and persecution; committed in the context of the four specified attacks on the Internally Displaced Persons camps ("IDP camps") Pajule (10 Octo

Online Event: "Low-Level Offences and Procedural Rights in Europe" on Thursday, 4 Mar 2021 17:00 - 18:30 CET. During the COVID-19 pandemic, police and prosecution pursued punishment of violations of COVID-related measures. These prosecutions fell heavily on people of colour, people experiencing homelessness or poverty, or other groups that are often targeted by policing. Prosecutions for such "minor offences" do not always have "minor" consequences: they have very serious consequences for people, including incarceration. Yet under domestic and European law people charged with low-level offences are not granted the same procedural protections as people charged with more serious offences—often because the law assumes that these offences do not carry serious consequences. In this session, we will learn about how low-level offences are punished in Europe, the procedural deficiencies and/or lack of protections available to people being tried of low-level case

By Christina Poursanidou, Lawyer Politically Exposed Persons (PEPs) are considered as high-risk individuals for financial institutions and obliged entities, which justifies the application of additional Anti-Money Laundering (AML) and Counter-Terrorist Financing (CFT) preventive measures with respect to business relationships with them. But who is considered as a PEP and why being a PEP poses a risk? The Financial Action Task Force (FATF) has defined a PEP as an individual who is or has been entrusted with a prominent public function, while the Article 3 par. 9 of the 4th EU AML Directive (AMLD) repeats the definition of the FATF and provides a list of particular political positions, which make somebody a PEP. It is crucial to note that both FATF and EU have included in the scope of PEPs, the family members and close associates of PEPs, which means that not only the persons with have been entrusted with prominent public function are considered as high-risk, but also their family member

The representatives of the governments of the member states appointed on 19.2.2021 four judges and an advocate-general to the Court of Justice and a judge to the General Court. Court of Justice The nominations are part of the partial renewal of the composition of the Court of Justice, since the terms of office of 14 judges and 6 advocates‑general will expire on 6 October 2021.  Mr Miroslav Gavalec (Slovakia) and Ms Octavia Spineanu-Matei (Romania) have been appointed judges to the Court of Justice for a first term of office. The terms of office of Mr Niilo Jääskinen (Finland) and Mr Lars Bay Larsen (Denmark) as judges of the Court of Justice have been renewed. The term of office of Ms Juliane Kokott (Germany) as advocate-general of the Court of Justice has been renewed. The four judges and the advocate-general of the Court of Justice have been appointed for a term of office starting on 7 October 2021 and expiring on 6 October 2027. The appointing decision will enter into

The University of Cologne is one of the largest and most research-intensive universities in Germany, offering a wide range of subjects. With its six faculties and its interfaculty centres, it offers a broad spectrum of scientific disciplines and internationally outstanding profile areas, supported by the administration with its services. The Academy for European Human Rights Protection, which is currently being established under the direction of Prof. Dr. Dres. Angelika Nußberger M.A., invites applications for 6 positions for PhD students at the Academy for European Rights Protection. The position is available at the earliest possible date on a part time basis (19,92 hours per week/50%). It is limited to a term of two years. If the applicant meets the relevant wage requirements and personal qualifications, the salary is based on remuneration group 13 TV-L of the pay scale for the German public sector. Online applications until February 28, 2021 More information at  academicposi

Aleksey Navalnyy’s current application before the Court was lodged on 20 January 2021 under Article 34 of the European Convention on Human Rights. On the same date the applicant made a request to the Court under Rule 39 of the Rules of Court related to his detention, asking for his release.  On 21 January 2021, the Court decided to suspend the examination of the Rule 39 request until receipt of the following information from the Government:  1. In view of the arguable allegation of a near-lethal attack on the applicant in August 2020 with the use of chemical nerve agent, and the fact that the perpetrators had not been established by the Russian authorities, did the risk to the applicant’s life persist?  2. If so, what measures were being taken by the Russian authorities to safeguard his life and wellbeing, in particular while in custody?  3. Furthermore, were the conditions of detention and the treatment of the applicant subject to regular independent monitoring in line with European s

International Committee of the Red Cross, based in Geneva, Switzerland is seeking to recruit a Thematic Legal Adviser. The International Committee of the Red Cross (ICRC) works worldwide to provide humanitarian assistance to people affected by conflict and armed violence. It takes action in response to emergencies and at the same time promote respect for international humanitarian law. It is an independent and neutral organization, and its mandate stems essentially from the Geneva Conventions of 1949. ICRC works closely with National Red Cross and Red Crescent Societies and with their International Federation in order to ensure a concerted, rational and rapid humanitarian response to the needs of the victims of armed conflict or any other situation of internal violence. It directs and coordinates the international activities conducted in these situations. The main role of the Unit of the Thematic Legal Advisers, which is part of the Legal Division, is to contribute to the role of t