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Rwandan court drops all charges against opposition figure
U.S. Court News |
2018/12/06 14:03
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Rwanda’s high court on Thursday acquitted the country’s most prominent opposition figure of all charges related to her election challenge of President Paul Kagame, as judges said the prosecution failed to provide proof of insurrection and forgery.
Diane Rwigara’s case has drawn global attention as Kagame again faces pressure to give more space to critics in this highly controlled East African country.
Rwigara’s mother, Adeline, 59, also was acquitted of inciting insurrection and promoting sectarianism. Both women had denied the charges.
The courtroom, packed with diplomats and supporters, erupted in applause as Diane Rwigara and her mother were overcome with tears. Excited relatives who had prayed before the hearing for protection swarmed them with hugs.
The 37-year-old Rwigara, who had denounced the charges as politically motivated, had faced 22 years in prison if convicted. She was arrested after trying to run in last year’s election, and is the rare person to publicly criticize the government from inside the country.
“I will continue my campaign to fight for the rights of all Rwandans,” a surprised but happy Rwigara told reporters after celebrating. “This is the beginning, because there’s still a lot that needs to be done in our country.”
She said she will move ahead with her People Salvation Movement, an activist group launched shortly before her arrest to encourage Rwandans to hold their government accountable. And she thanked everyone who pressured the government to free her.
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High court seems to lean against West Virginia in tax case
Court News |
2018/12/05 14:07
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The Supreme Court seemed inclined Monday to side with a retired U.S. marshal who argues West Virginia is discriminating against former federal law enforcement officers like him by giving a more generous tax break to former state law enforcement officers.
James Dawson says West Virginia currently exempts the vast majority of state law enforcement retirees — including police and firefighters — from paying income tax on their retirement benefits. But retired U.S. Marshals Service employees like him don't get that perk. Dawson has to pay income tax on his retirement benefits except for the first $2,000 annually, which is tax free.
Dawson says federal law prohibits West Virginia from taxing his retirement income more heavily than it taxes the retirement income of those who did a similar job working for the state.
During arguments before the Supreme Court on Monday, both conservative and liberal justices seemed more willing to side with Dawson. Justice Neil Gorsuch asked West Virginia's attorney Lindsay See why looking at the text of the federal law wasn't "game over," ending the case in Dawson's favor. And Justice Stephen Breyer listed a number of those getting better tax treatment than Dawson.
"It's not just the state police. It's also the local police. It's everybody in law enforcement almost. And they can get into it and the feds can't. Why isn't that just the end of it?" Breyer said.
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EU court adviser: Britain could change its mind on Brexit
Court News |
2018/12/04 14:06
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A top official at the European Union's highest court advised Tuesday that Britain can unilaterally change its mind about leaving the European Union, boosting hopes among to pro-EU campaigners in the U.K. that Brexit can be stopped.
Prime Minister Theresa May's government insists it will never reverse the decision to leave, but May faces a tough battle to win backing in Parliament before lawmakers vote next week on whether to accept or reject the divorce agreement negotiated with the bloc. Defeat would leave the U.K. facing a chaotic "no-deal" Brexit and could topple the prime minister, her government, or both.
Advocate General Manuel Campos Sanchez-Bordona told the European Court of Justice that a decision by the British government to change its mind about invoking the countdown to departure would be legally valid. The advice of the advocate general is often, but not always, followed by the full court.
The court is assessing the issue under an accelerated procedure, since Britain is due to leave the bloc on March 29. The final verdict is expected within weeks.
Britain voted in 2016 to leave the 28-nation bloc, and invoked Article 50 of the EU's Lisbon Treaty in March 2017, triggering a two-year exit process. Article 50 is scant on details — largely because the idea of any country leaving the bloc was considered unlikely — so a group of Scottish legislators asked the courts to rule on whether the U.K. can pull out of the withdrawal procedure on its own.
The EU's governing Commission and Council oppose unilateral revocation, arguing it requires unanimous agreement of the 27 remaining members of the bloc.
The court's advocate general said that Article 50 "allows the unilateral revocation of the notification of the intention to withdraw from the EU."
The advice bolstered anti-Brexit campaigners, who hope the decision to leave can be reversed.
"That puts the decision about our future back into the hands of our own elected representatives — where it belongs," said Jo Maugham, a British lawyer who helped bring the case.
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Indian court orders Briton held during copter bribery probe
Legal News |
2018/12/03 14:04
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An Indian court on Wednesday ruled that officials may hold a British man while they investigate him for alleged bribery in a canceled $670 million helicopter deal between India and an Italian defense company.
Judge Arvind Kumar allowed Briton Christian James Michel to meet briefly with his attorney, who sought unsuccessfully to have him released on bail while the charges are investigated. Michel was extradited to India from Dubai on Tuesday to face charges of channeling bribes to Indian contacts.
Judge Arvind Kumar allowed Briton Christian James Michel to meet briefly with his attorney, who sought unsuccessfully to have him released on bail while the charges are investigated. Michel was extradited to India from Dubai on Tuesday to face charges of channeling bribes to Indian contacts.
Michel was detained in Dubai last year after India asked the United Arab Emirates for his extradition.
Indian investigators said in court documents that Michel transferred the money from a British subsidiary of Finmeccanica, which has since been renamed Leonardo S.p.A.
In 2014, India received three of 12 AW101 helicopters it had ordered to fly senior officials but then halted the deal after the bribery allegations surfaced.
The Central Bureau of Investigation said Michel was a frequent visitor to India when the deal was being negotiated and "was operating as a middleman for defense procurements through a wide network of sources cultivated in the Indian Air Force and Ministry of Defense at different levels, including retired and serving officials."
Indian investigators want Michel to reveal the names of Indian politicians involved in the alleged scheme. The opposition Congress party was ruling the country at the time.
With national elections due in March-April, Prime Minister Narendra Modi's Hindu nationalist party is expected to try to embarrass the Congress party, its main rival, if Michel names some of its leaders as beneficiaries in the helicopter deal. |
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