organization:constitutional court

  • Turkish government blasts Constitutional Court’s ruling on jailed journalists
    http://www.hurriyetdailynews.com/turkeys-top-court-rules-to-release-two-jailed-journalists-local-c

    The Constitutional Court’s ruling that the jailing of journalists Şahin Alpay and Mehmet Altan during the trial violates their constitutional rights “is not the final decision,” Prime Minister Binali Yıldırım has said.

    Yıldırım told reporters on Jan. 12 that the local court will “give the right decision as it has the full knowledge about the case.”

    According to the Turkish Constitution, the Constitutional Court is legally superior to lower courts and its rulings are binding, but its Dec. 11 decision on Alpay and Altan drew the ire of some ruling Justice and Development Party (AKP) members.

    Yıldırım, however, said debating the Constitutional Court’s ruling would not be in line with the principles of a state of law.

    “Rushing to comment would be unfair to the court,” he added, noting that the top court merely ruled against the grounds for arrest during the trial.

    The Constitutional Court’s decision covers the pre-trial detention period, before the preparation of the prosecutor’s indictment, and the process after the indictment should be left to the local court’s decision, Yıldırım said.

  • The Italian Council of State confirms its position on Bulgaria as a not safe country for the transfer of asylum seekers under the #Dublin Regulation.

    With the decision n. 5085 of the 3rd of November 2017, the highest administrative Italian court annulled the transfer to Bulgaria of an asylum seeker under 604/2013 Regulation, confirming its orientation as already expressed last year with several other pronunciations ( n. 3998/2016 Reg. Prov. Coll., n. 3999/2016 Reg. Prov. Coll., n. 4000/2016 Reg. Prov. Coll. and n. 4002/2016 Reg. Prov. Coll.).

    In this decision the Council of State affirmed that “there are no reliable elements that led us to believe that the condition of asylum seekers in Bulgaria can be considered respectful of fundamental human rights and can lead to a concrete risk of suffering inhuman and degrading treatments as foreseen in art. 3 par. 2 Reg. n. 604/2013”.

    This is particularly relevant if we think that the administrative judges went beyond the informations provided by the Ministry of Foreign Affairs. In fact, in the opinion of the Council of State, this informations “doesn’t provide enough convincing elements regarding the effective respect of the reception standards in order to avoid the doubt that, up to now, there are still systemic deficiencies in the asylum seekers reception system” in Bulgaria.

    This decision, that follows the legal precedents of the European Courts of Human Rights, reaffirms the fundamental principle that a judge must annul the transfer decree every time there is the reasonable doubt that in the outgoing country exists habitual infringement of human rights. According to these considerations, the highest administrative Italian court took in consideration the informations and data, used by the claimant during the appeal, gathered by the international N.G.O.’s and by the decisions of the European high courts.

    The Council of State, in the present case, confirmed that there were a risk of suffering inhuman and degrading treatments in the eventuality of a transfer of the claimant to Bulgaria and for this reason annulled the transfer decree.

    reçu via la mailing-list Migreurop, le 13.11.2017 (email de Lucia Gennari)
    #renvois_Dublin #asile #migrations #réfugiés #Bulgarie #pays_sûr #Italie

    • Consiglio di Stato : annullato il trasferimento di un richiedente asilo verso la Bulgaria

      Il Consiglio di Stato italiano conferma il proprio orientamento sulla Bulgaria quale Paese non sicuro ai fini del trasferimento di richiedenti protezione in applicazione del Regolamento Dublino.

      Con sentenza n. 5085 del 03 novembre 2017, la più alta Corte amministrativa italiana ha annullato il trasferimento verso la Bulgaria di un richiedente asilo ai sensi del Regolamento 604/2013, confermando, con tale pronuncia, il proprio orientamento già espresso lo scorso anno con le sentenze consecutive n. 3998/2016 Reg. Prov. Coll., n. 3999/2016 Reg. Prov. Coll., n. 4000/2016 Reg. Prov. Coll. e n. 4002/2016 Reg. Prov. Coll.

      Nella sentenza il Consiglio di Stato afferma che “non vi siano elementi affidabili per ritenere che le condizioni dei richiedenti asilo in Bulgaria offrano sicure garanzie di rispettare i diritti fondamentali dello straniero e siano tali da scongiurare il fondato rischio di trattamenti disumani e degradanti, siccome prevede l’art. 3, par. 2, del Reg. UE n. 604 del 2013”.

      Tale assunto risulta particolarmente rilevante anche alla luce del fatto che il Collegio va oltre le informazioni che erano state fornite dal Ministero degli Affari Esteri, su richiesta dello stesso Collegio. Secondo il Consiglio di Stato, infatti, tali informazioni “non forniscono elementi tali da rassicurare convincentemente circa l’effettivo raggiungimento di livelli di accoglienza tali da scongiurare il fondato dubbio che sussistano, a tutt’oggi, carenze sistemiche nelle condizioni di accoglienza dei richiedenti”.

      La sentenza, collocandosi nel solco della giurisprudenza della Corte Europea dei diritti dell’Uomo, afferma come a garanzia di incomprimibili diritti fondamentali dello straniero operi un principio di cautela tale per cui il giudice deve annullare il provvedimento di trasferimento di uno straniero tutte le volte che sussista il ragionevole dubbio che vi siano nel Paese di rinvio carenze sistemiche.

      In base a tali considerazioni, la più alta Corte amministrativa italiana ha ritenuto prevalenti le informazioni, evidenziate dalla difesa del ricorrente, diffuse da organizzazioni internazionali nonché le decisioni di altre alte Corti Europee sul punto.

      Il Consiglio di Stato, pertanto, ha ritenuto sussistente il rischio di trattamenti inumani e degradanti per il ricorrente qualora lo stesso dovesse essere rinviato in Bulgaria e per tale ragione ne ha annullato il relativo trasferimento.

      Per ulteriori informazioni sull’azione potete contattare l’avv. Loredana Leo, 3470339581/avv.loredanaleo@gmail.com

      https://www.asgi.it/asilo-e-protezione-internazionale/bulgaria-asilo-trasferimento

    • Italy: Council of State suspends a Dublin transfer to Bulgaria due to deficiencies in the Bulgarian asylum system

      On 3 November 2017, the Italian Council of State suspended (https://www.asgi.it/wp-content/uploads/2017/11/Bulgaria-Paese-non-sicuro-ottobre-2017.pdf) the Dublin transfer of an Afghan national from Italy to Bulgaria. The applicant had previously appealed against the transfer decision before the Regional Administrative Court of Lazio, without success. In March 2016, the Council of State granted suspensive effect to the appeal and instructed the Ministry of Foreign Affairs to provide a report on the conditions faced by asylum seekers in Bulgaria, which was submitted in April 2017.

      The Council of State found, contrary to the lower’s court interpretation, that nothing in the documents submitted before it allowed the Council of State to be fully reassured that the conditions faced by asylum seekers in Bulgaria would not amount to inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union. The Council acknowledged the substantial improvements in the Bulgarian asylum system in the recent months, but stated that recent reports still point to poor reception and integration conditions. The Council also relied on decisions from other national courts, such as the Administrative Court of Appeal of Bordeaux (case no.16BX03424), the Federal Administrative Court of Switzerland (case no. E-305/2017) and the Constitutional Court of Austria (case no. 484/2017), which all recognised the existence of serious deficiencies in the Bulgarian asylum system in the context of a Dublin transfer. Therefore, the Council of State quashed the transfer decision to Bulgaria.

      Based on an unofficial translation by the ELENA Weekly Legal Update. We would like to thank Loredana Leo and ASGI for bringing this case to our attention. A summary of the decision can be found in Italian here.

      https://us1.campaign-archive.com/?u=8e3ebd297b1510becc6d6d690&id=7e017ec4b3#8

  • Spain prepares military crackdown in Catalonia - World Socialist Web Site
    https://www.wsws.org/en/articles/2017/10/06/spai-o06.html

    As Spanish military and police units continued to deploy to Catalonia yesterday after failing in a brutal attempt to halt the October 1 Catalan independence referendum, Madrid signaled yesterday that it is preparing a military crackdown in Catalonia. The Constitutional Court suspended the Catalan parliament, after Prime Minister Mariano Rajoy rejected calls for mediation led by the Podemos party and the union bureaucracy.

    On Sunday, the world was shocked and stunned as videos filled the Internet of 16,000 police assaulting polling places and peaceful voters, including women and the elderly, across Catalonia. Furious that its initial crackdown failed, Madrid is now preparing an even bloodier assault, using the military. As the Spanish press debates imposing a state of emergency, as in neighboring France, it is clear that this is bound up with well-advanced plans for military rule and the abrogation of basic democratic rights across Europe.

    Amid Catalan crisis, Madrid prepares military rule across Spain - World Socialist Web Site
    https://www.wsws.org/en/articles/2017/10/06/madr-o06.html

    The Spanish political establishment is now openly debating its options for how to crack down on the secessionist movement in Catalonia and install military rule across the entire country.

    Two weeks ago, the debate was whether the Spanish minority Popular Party (PP) government under Mariano Rajoy should implement drastic measures that would suspend Catalan regional autonomy. Now, the question is when and how the military will be deployed and police presence escalated. These discussions must be taken as a serious warning to the Spanish and international working class.

    #espagne #catalogne

  • South Korea provides over 376 billion won in Kaesong compensation | NK News - North Korea News

    https://www.nknews.org/2016/09/south-korea-provides-over-376-billion-won-in-kaesong-compensation

    Après la fermeture de la zone franche de Kaesong

    South Korean firms previously operating in the Kaesong Industrial Complex have received over 376 billion won in compensation from the government since the sites closure closure, the Ministry of Unification (MoU) announced on Monday.

    The compensation, which is the equivalent of over 340 million U.S. dollars, follows the February 10 closure of the joint North-South run complex at which 124 South Korean companies were active.

    “As of yesterday (9.4), a total of 376.7 billion won has been delivered to the GIC companies, which is a 74 percent execution rate out of the total budget scale,” MoU Spokesperson Jeong Joon-Hee said, according to the ministry’s website on Monday.

    #kaesong #corée_du_nord #corée_du_sud

  • Informal traders claim R120 million for damage caused by “Operation Clean Sweep” (3 October 2016).
    http://seri-sa.org/index.php/latest-news/553-press-statement-informal-traders-claim-r120-million-for-damage-caused-b

    SERI [Socio-economic Rights Institute] has today launched a damages claim worth R120 million on behalf of 1652 informal traders who were temporarily evicted from their places of business during “Operation Clean Sweep” three years ago. “Clean Sweep” saw the Johannesburg Metropolitan Police Department evict every informal trader working in and around the inner city in October 2013.

    In an extraordinary urgent hearing, held on 5 December 2013, the Constitutional Court put an end to “Clean Sweep”, calling it an illegal act of “humiliation and degradation”. Since then, despite repeated demands, the City has neither apologised to the traders for the harm it caused, nor offered to compensate the traders for their losses.

    #bidonvilles #économie_informelle #répression #afrique_du_sud

  • Austria: Constitutional Court rules Dublin transfer of vulnerable asylum seekers to Italy without individual guarantees regarding their reception conditions unlawful

    The Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl) rejected their asylum application pursuant the Dublin III Regulation as the family had entered the European Union in Italy. The Federal Office alleges that individual guarantees were obtained from the Italian authorities regarding the reception of the applicants in accordance with Tarakhel v Switzerland (no. 29217/12). It referred to the Circular Letter: Guarantees for vulnerable cases; family groups with minors of 8 June 2015 and an letter entitled ‘Reception Guarantees according to Tarakhel v. Switzerland’ from the Italian Ministry of Interior. The Federal Administrative Court ruled in favour of the Federal Office.

    On 30 June 2016, the Austrian Constitutional Court ruled upon the requirement of individual guarantees regarding the Dublin transfers of vulnerable asylum seekers to Italy. The case relates to four Syrian nationals, a father and his three underage children. One of the children in suffering from post-traumatic stress disorder and dissociative disorder not otherwise specified (DDNOS).

    http://us1.campaign-archive1.com/?u=8e3ebd297b1510becc6d6d690&id=b3f5123524&e=ab656b79f4
    #Italie #renvois #asile #migrations #réfugiés #Dublin #Autriche #Tarakhel #vulnérabilité #personnes_vulnérables

  • Poland’s ‘Conservative Revolution’ | Visegrad Insight
    http://visegradinsight.eu/polands-conservative-revolution

    The return to power of the PiS, the Law and Justice Party, in Poland has become a major challenge to, if not to say: a real headache for EU policy makers. Warsaw and Brussels have embarked on a verbal war, after the Szydło Government, encouraged by its architect and strong man, Jarosław Kaczyński, launched a series of highly controversial institutional and legal reforms (Constitutional Court, public broadcasting service). The ‘Conservative Revolution’ is in full swing.

    The European Commission announced that it ‘will carry out a preliminary assessment on this matter under the rule of law framework’ (13 January) and ‘deemed it necessary to formalise its assessment of the current situation in [an] Opinion’ (1 June), thus increasing pressure on Warsaw, while European Parliament adopted a very ciritical resolution on the state of democracy, rule of law and human rights in Poland (13 April).

    Individual member states in Western Europe, especially Germany, have repeatedly expressed their concerns. Although it might be tempting for Beata Szydło and her Ministers to point out to ‘Old Europe’ that the EU recently concluded an agreement with a country that could be labelled a putinesque dictatorship on the rise: Turkey.

    #pologne #populisme #conservatisme

  • Turkey : New charter will redefine top court, judiciary, PM says
    Hurriyet

    http://www.hurriyetdailynews.com/new-charter-will-redefine-top-court-judiciary-pm-says-.aspx?pageI

    The new constitution being written by the ruling party will bring about a new definition for the role of the entire judiciary, including the Constitutional Court, the Turkish prime minister has said, adding they wouldn’t allow any constitutional body to establish superiority over the will of the people. 

    “It should be the people that use its will. The sovereignty that is used by constitutional bodies cannot be regarded as the people’s will,” Prime Minister Ahmet Davutoğlu said on March 27, during a meeting with journalists in Amman. Davutoğlu recalled the constitution made in the early 1960s following the coup d’état which introduced a number of constitutional bodies that imposed tutelage over democratically elected politicians. 

    “Of course all of these will be redefined. The judiciary will be redefined. And the legislative cannot continue in the current understanding. It should be noted that what the Constitutional Court has been doing is not using the people’s will and it should not be. Courts are to provide justice; the sovereignty, however, should be used by the freely elected representatives of the people.” 

    Davutoğlu’s statements came as he instructed his party to speed up efforts to draft the new constitution after a parliamentary commission formed by the four parties in parliament was dissolved. “We can’t leave this promise of ours unfulfilled just because other parties failed to do their share. People would cool to the idea of a new constitution if no concrete steps are taken,” he said.

  • Top court ruling on journalists was against the nation: President - POLITICS
    http://www.hurriyetdailynews.com/top-court-ruling-on-journalists-was-against-the-nation-president-

    President Recep Tayyip Erdoğan has heightened the tone of his criticism against the country’s Constitutional Court by saying the top court’s verdict which caused the release of two journalists from prison was “against the nation.” 

    The Constitutional Court has to be one of the institutions that should be the most sensitive about the interests and rights of the state and the people. But this institution and its president [Zühtü Arslan] have not hesitated to rule against the country and its people on one of the most concrete examples of a massive attack towards Turkey in recent times,” Erdoğan said at a rally in Burdur, a Western town, on March 11. 

    Two prominent journalists from daily Cumhuriyet, its editor-in-chief, Can Dündar, and Ankara bureau chief, Erdem Gül, were set free after 92 days of imprisonment as a result of a Constitutional Court decision which said their rights had been violated. Dündar and Gül had been arrested by a lower Istanbul court on charges of espionage and terrorism after they reported about claims that Turkey’s National Intelligence Organization (MİT) was allegedly shipping weapons to rebels in Syria. 

    Erdoğan vowed he would continue to stand against the top court’s verdict in line with his presidential duty to protect the constitution, saying, “I am responsible for monitoring the orderly and harmonious work of state bodies, the implementation of the constitution and representing the unity of the state and the people of the Republic of Turkey. Those who would exceed the boundaries of its authority will have to face me. I will never hesitate to voice my objections in the name of my people if the Constitutional Court opts for such a thing.

  • Presidency Of The Republic Of Turkey : “I Neither Obey Nor Respect Constitutional Court’s Ruling”
    http://www.tccb.gov.tr/en/news/542/39958/anayasa-mahkemesinin-kararina-uymuyorum-saygi-da-duymuyorum.html

    Holding a news conference at Atatürk Airport ahead of a travel to West Africa covering Côte d’Ivoire, Ghana, Nigeria and Guinea, President Recep Tayyip #Erdoğan said regarding the release of Can Dündar and Erdem Gül pursuant to the ruling of Constitutional Court that: “I just keep silent in the face of Constitutional Court’s ruling; however, I am not in a position to approve the ruling. I neither obey nor respect the ruling because we have an obvious truth. This is not a ruling for acquittal, but a ruling for release.”

    #constitution #Turquie

  • Turkey Frees 2 Journalists From Jail After High Court Ruling - The New York Times
    http://www.nytimes.com/aponline/2016/02/26/world/europe/ap-eu-turkey-journalists-released.html

    Two journalists imprisoned for their reports on alleged government arms-smuggling to Syria were released from jail early on Friday hours after Turkey’s highest court ruled that their rights were violated.

    A large group of supporters greeted Cumhuriyet newspaper’s editor-in-chief Can Dundar and the paper’s Ankara representative, Erdem Gul, as they emerged from a van after being freed from Silivri prison on the outskirts of Istanbul.

    The two were jailed in November, months after the center-left opposition daily #Cumhuriyet published what it said were images of Turkish trucks carrying ammunition to Syrian militants. The images reportedly date back to January 2014, when local authorities searched Syria-bound trucks, touching off a standoff with Turkish intelligence officials. The paper said the images proved that Turkey was smuggling arms to rebels. The government initially denied the trucks were carrying arms, maintaining that the cargo consisted of humanitarian aid Some officials later suggested the trucks were carrying arms or ammunition destined for Turkmen groups in Syria.

    The two were arrested after President Recep Tayyip Erdogan filed a complaint against them, leading to heightened concerns over conditions for journalists and media freedoms in Turkey.

    The Constitutional Court ruled late on Thursday that authorities had violated Dundar’s and Gul’s personal rights as well as their rights to freedom of expression by jailing them, paving their way to prosecution without being held in prison.
    […]
    The journalists’ first trial is set for March 25.

    Dundar called the court’s ruling for their release a historic decision for freedom of expression in Turkey. He also said his release Friday would be “a present” on Erdogan’s 62nd birthday.

    #Erdem_Gül #Can_Dündar

  • Poroshenko dismisses Constitutional Court judge Shyshkin
    http://www.kyivpost.com/content/ukraine/poroshenko-dismisses-constitutional-court-judge-shyshkin-394001.html

    President of Ukraine Petro Poroshenko has signed a decree on the dismissal of judge of the Constitutional Court Viktor Shyshkin.

    (intégralité de la brève)
    pas de précision sur le motif du renvoi ; celui-ci est prévu à l’article 23 de la loi sur la Cour constitutionnelle.

    Article 23
    Dismissal from the Office of a Judge of the Constitutional Court of Ukraine

    Judge of the Constitutional Court of Ukraine shall be dismissed by the body which elected or appointed him/her in case of:
    1. expiration of the term of office;
    2. attaining the age of sixty-five;
    3. inability to perform his/her authorities due to the state of health;
    4. violation by a Judge of the requirements of incompatibility;
    5. breach of the oath;
    6. entry into legal force of a guilty verdict against him/her;
    7. termination of his/her citizenship;
    8. declaration that he/she is missing or deceased;
    9. submission by a Judge of a statement of resignation or voluntary dismissal from the office.

    • Sa fiche sur le site de la Cour constitutionnelle

      Constitutional Court of Ukraine
      http://www.ccu.gov.ua/en/publish/article/11784

      Judge Shyshkin was born in 1952 in Tyraspol, Moldavian SSR.
       
      He started to work in 1969. He served a regular term in the army.
       
      In 1973 he finished Tyraspol technical school no. 2, and worked as a locksmith.
       
      In 1981 he graduated from the Law Faculty of Odesa Illia Mechnykov State University. The same year he was elected people’s judge at Oleksandrivskyi district people’s court in Kirovohrad region.
       
      1982-1985 - people’s judge of Kirovskyi regional people’s court in Kirovohrad.
       
      1985-1990 - Judge of Kirovohrad regional court, Deputy Chairman of this court.
       
      He was a People’s Deputy of Ukraine of the I, II and III convocations, Deputy Head of the Committee of the Verkhovna Rada of Ukraine.
       
      1991-1993 - Prosecutor General of Ukraine.
       
      In November 2005 he was appointed Judge of the Constitutional Court of Ukraine by the President of Ukraine. He swore the oath on August 4, 2006.
       
      Candidate of Legal Sciences (constitutional law). In 1987 he defended the thesis “The constitutional right of the Soviet citizens to appeal acts of officials, state and civil bodies”. Associate Professor. In 1996 Judge Shyshkin was awarded with the title “Distinguished Lawyer of Ukraine” for elaboration of the Constitution of Ukraine.
       
      He is the author of over 100 publications in Ukraine and abroad (Poland, the United States of America, Hungary, Germany), in particular monographs “Constitutional Right to Challenge Acts of the Officials in Court” (1990), “Ensuring Human Rights in the US Justice (organisational and procedural principles)” (2000) and text-books “Judicial Systems of the World States”, (two volumes) (2001) “Principles of Administrative Justice and Administrative Law” (in co-authorship) (2006).

    • Ah tiens, pour le fun, ce qu’écrivait un certain Viktor Shyshkin en 2010…

      CCU judge : There are no grounds for pre-term dismissal of CCU judges - David Zhvaniya’s Personal Site
      http://zhvaniya.com/en/article/sudya_ksu_net_osnovaniy_dlya_dosrochnogo_prekrascheniya_polnomochiy_sudey_

      There are no grounds for pre-term dismissal of anyone of the CCCU [Constitutional Court of Ukraine] judges. That’s what Viktor Shyshkin, the CCU judge, stated to RBC-Ukraine commenting the initiative of people’s deputy Roman Zvarych to dismiss the CCU judges who had supported the decision on individual deputies’ membership in the coalition.

      “All that (Zvarych’s appeal) are populist steps and a matter of politics. There are no legal prospects of that”, – Shyshkin emphasized.

    • Le décret présidentiel
      http://www.president.gov.ua/documents/4442015-19270

      Відповідно до пункту 22 частини першої статті 106, пункту 9 частини п’ятої статті 126, статті 149 Конституції України постановляю:
      Звільнити ШИШКІНА Віктора Івановича з посади судді Конституційного Суду України у зв’язку з поданням заяви про відставку.

      Il s’agit donc de la démission de l’intéressé.

  • The Slovak Constitutional Court cancelled mass surveillance of citizens
    http://www.eisionline.org/index.php/sk/projekty-m-2/ochrana-sukromia/109-the-slovak-constitutional-court-cancelled-mass-surveillance-of-citiz

    An act, which ordered large-scale mass surveillance of citizens (so called data retention) is now history. Today the Constitutional Court of the Slovak Republic proclaimed the mass surveillance of citizens as unconstitutional. The decision was rendered within proceedings initiated by 30 members of the Parliament on behalf of the European Information Society Institute (EISi), a Slovakia based think-tank.
    In a non-public session, the Grand Chamber of the Constitutional Court (PL. ÚS 10/2014) proclaimed provisions § 58(5) to (7) and § 63(6) of the Electronic Communications Act (Act No. 351/2011 Coll.), which until now required mobile network providers to track the communication of their users, as well as provisions of § 116 of the Penal Code (Act No. 301/2005 Coll.) and § 76(3) of the Police Force Act (Act No. 171/1993 Coll.), which allowed access to this data, to be in contradiction to the constitutionally guaranteed rights of citizens to privacy and personal data. As a consequence, these provisions lost their binding effect.

    According to now invalid provisions of the Electronic Communications Act, the providers of electronic communications were obliged to store traffic data, localization data and data about the communicating parties for a period of 6 months (in the case Internet, email or VoIP communication) or for a period of 12 months (in case of other communication). Hence, data about who, for how long, when, how and from where the communication was made, has been stored. Data about unsuccessful calls was also stored to the same extent. Moreover, the legal framework regulating the access to data retention data was completely arbitrary and much more benevolent than comparable provisions on wire-tapping.

  • Poroshenko to sign #lustration bill, amendments possible
    http://www.kyivpost.com/content/politics/poroshenko-to-sign-lustration-bill-amendments-possible-366890.html

    President Petro Poroshenko on Oct. 3 said he would sign into law a bill introducing comprehensive lustration of former top officials of his predecessor Viktor Yanukovych’s regime and former Soviet functionaries.

    But Poroshenko said that, before signing the legislation, he would consider recommendations of the Venice Commission, the Constitutional Court, the Council of Europe and the European Court of Human Rights. He added that he did not rule out amendments to the bill.

    The bill, called the Law on the Cleansing of Government, fulfills one of the key demands of the EuroMaidan revolution, which ousted Yanukovych on Feb. 22. The measure follows months of pressure by civil society, with EuroMaidan activists holding regular rallies for lustration and even burning tires near the Verkhovna Rada building to persuade it to pass the bill.

    I have decided to sign the bill,” Poroshenko said on Twitter. “Lustration will happen! The state apparatus will be purged of KGB agents and top Party of Regions apparatchiks!
    (…)
    Viktoriya Voitytska, who is running on the list of the Volya party in the upcoming parliamentary election, said by phone that the bill was a result of a compromise, and, if supporters of lustration had not made some concessions, it would have taken ages to adopt the bill. Volya, headed by major pro-lustration activist Yegor Sobolev, has been vehemently pushing for lustration.

    Then the Trash Bucket Challenge would have led to complete anarchy,” Voitytska said, referring to EuroMaidan activists’ recent practice of throwing officials linked to Yanukovych’s regime into trash containers, sometimes referred to as the “street lustration.

    Prime Minister Arseny Yatseniuk said in September that the bill would apply to about 1 million people.

    On peut certainement faire confiance aux « activistes d’Euro-Maïdan » pour ne pas rester dans les limites du compromis négocié.

    La loi est faite sur mesure pour exclure Porochenko lui-même du champ d’application,…

    The bill prohibits top officials who worked under Yanukovych from being appointed to government positions for five to 10 years.

    The ban applies to those who held top government jobs in 2010 to 2014 for at least a year and those who held offices during the EuroMaidan revolution in November 2013 to February 2014 and did not quit of their own accord.

    These include ministers, heads of government agencies, top judges, top prosecutors, members of the General Staff, governors, top officials of regional administrations and heads of some state companies.

    The prohibition also applies to functionaries of the Soviet Union’s Communist Party and Communist Youth League, as well as employees or agents of the KGB, graduates of KGB-run universities, agents of other countries’ intelligence agencies and those who have called for infringing on Ukraine’s territorial integrity.

    However, former top officials of the Yanukovych regime will still have a right to hold elected offices like those of president and members of parliament. Nor will the law affect rank-and-file employees of government agencies and the police.

    That is why Poroshenko, who was head of the central bank in 2007 to 2012 and economic development and trade minister in 2012, is not subject to lustration.

  • New Act is ‘woeful solution’, Dominican government continues to deprive hundreds of thousands of Dominicans of Haitian descent of their right to nationality, says MRG
    http://www.minorityrights.org/12611/press-releases/new-act-is-woeful-solution-dominican-government-continues-to-deprive

    A new Act in the Dominican Republic will deny citizenship to Haitian descendants, despite some having been in the country for over 80 years. The Act requires unregistered children with Haitian lineage to present documents proving that they were born in the Dominican Republic, and is a woeful solution to the situation of hundreds of thousands of people deprived of their nationality following a Constitutional Court ruling last year, says Minority Rights Group International (MRG).

    ‘The Dominican government has deployed yet another obstacle for this community, who were once essential labour to toil in the sugar cane fields, but are now almost forgotten.’ says Sofia Olins, MRG’s Head of Cultural Programmes.

    #apatridie #République_dominicaine #migration #main_d'œuvre

  • #turkey court president to Erdogan: We do not take orders
    http://english.al-akhbar.com/content/turkey-court-president-erdogan-we-do-not-take-orders

    The president of Turkey’s top court strongly rejected Prime Minister #Recep_Tayyip_Erdogan's “excessive criticism” of the judiciary, saying that courts do not take orders. “We are acting in compliance with the Turkish republic’s constitution and universal principles of law,” Hasim Kilic said at a ceremony marking the 52nd anniversary of the Constitutional Court that was also attended by Erdogan. “In a state governed by the rule of law, courts do not work on orders or instructions, and cannot be manipulated by sentiments of friendship or enmity,” he said. read more

    #Top_News

  • #erdogan: I don’t have to respect #Twitter court ruling
    http://english.al-akhbar.com/content/erdogan-i-dont-have-respect-twitter-court-ruling

    Turkey’s Prime Minister Recep Tayyip Erdogan addresses the crowd during an election rally in Ankara March 22, 2014. (Photo: AFP - Adem Altan) #turkey's Prime Minister Recep Tayyip Erdogan addresses the crowd during an election rally in Ankara March 22, 2014. (Photo: AFP - Adem Altan)

    Turkish Prime Minister Recep Tayyip Erdogan on Friday criticized a Constitutional Court ruling that lifted his government’s March 20 #ban on Twitter. “We are of course bound by the Constitutional Court verdict, but I don’t have to respect it,” said the premier, a day after the US-based social media site went live again in Turkey. “I don’t respect this ruling.” read (...)

    #Top_News

  • Anti-minority referendum in Croatia to go to the Constitutional Court for review
    http://www.minorityrights.org/12252/press-releases/antiminority-referendum-in-croatia-to-go-to-the-constitutional-court

    Minority Rights Group Europe (MRG) is concerned that the recent demand for a referendum to limit the use of minority languages in public life in Croatia could, if successful, lead to an infringement of key rights. It would disproportionately affect, in particular, the Serbian minority. The referendum claim initiated by a group of Vukovar citizens led by some war veterans should be assessed by the Constitutional Court before any further action is taken, says the international human rights organization.

    Croatia is a multi-ethnic, multi-lingual country, home to minorities such Albanians, Bosniaks, Czechs, Hungarians, Italians, Roma, Serbs and Slovenes, with Serbs being the largest ethnic minority group. The Serbian population of Vukovar exceeded one third according to the 2011 Croatian census, which was a prerequisite to implement the Constitutional Law on the Rights of Ethnic Minorities in Croatia. This entitled the Serb minority to official and public use of their language there in speech and in writing, including the Serbian Cyrillic script.

    #langage #minorités #culture #uniformisation #discrimination #fabrication_d'une_identité_nationale #déculturation

  • L’Italie sur la voie d’un référendum en vue de remettre en question son appartenance à l’Union Européenne :

    Italy’s comedian-turned-politician Beppe Grillo is seeking a referendum on his country’s EU membership, because “Europe should be rethought.” In Italy it is possible to call for a referendum by collecting 500,000 signatures in a petition if the Constitutional Court rules the proposal to be in line with the Constitution.

    http://euobserver.com/tickers/120236

  • Dahlan Case Shows Split In Palestinian Fatah Movement - Al-Monitor: the Pulse of the Middle East
    http://www.al-monitor.com/pulse/originals/2013/03/dispute-fatah-official-immunity.html

    The issue of Fatah-affiliated MP Mohammed Dahlan has once again topped Palestinian news, as proceedings at the Constitutional Court are to be held on March 28, to consider the appeal presented by Dahlan against President Mahmoud Abbas’s decision to strip him of immunity

  • Rannie Amiri: Why Zogby is Wrong About Bahrain
    http://www.counterpunch.org/amiri04052011.html

    If Mr. Zogby wants to address the “roots of Bahrain’s crisis” he would do well to note that the 70% Shia population fill none of the senior posts in the Ministry of Defense, National Guard, Ministry of Interior Affairs, the Supreme Defense Council, Ministry of Cabinet Affairs, the General Organization for Youth and Sports, the Royal Court, the Crown Prince Court, the Central Informatics Organization, and the Survey and Land Registration Bureau.

    Likewise, they form a only five percent of the judiciary corps, 16 percent of the diplomatic corps, seven percent of the Ministry of Transportation, 18 percent of the Constitutional Court, 10 percent of the Ministry of Finance and six percent of the Ministry of Information (Source: Bahrain Center for Human Rights). Their representation in the public sector is equally dismal.

    Of the 1,000 employees in the National Security Apparatus (NSA), more than two-thirds are non-Bahraini (largely Jordanian, Egyptian, Yemeni and Pakistani nationals) and overwhelmingly Sunni. Bahraini Shia citizens constitute less than five percent of the NSA and occupy only low-level positions or act as paid informants. The paramilitary Special Security Forces (SSF) operates under NSA supervision and numbers 20,000—90 percent of whom are non-Bahraini. A single Bahraini Shia member is not counted among them.

    These imported mercenaries are the ones who rampaged through Manama’s Pearl Roundabout on two separate occasions over the past six weeks, beating peaceful, unarmed and defenseless protestors encamped there. Before their violent eviction, Pearl Roundabout was the epicenter of calls for free elections, release of political prisoners, fairness in distribution in jobs and housing, freedom of the press and religion, an end to the regime’s routine use of torture, and ultimately a transition to a constitutional monarchy. It was the SSF who pulled patients out of rooms in Salmaniya Hospital to continue the beatings, as they did to ambulance drivers, treating paramedics and doctors.

    #bahreïn