Top Ukrainian justice official says US ambassador gave him a do not prosecute list | TheHill
▻https://thehill.com/hilltv/rising/434875-top-ukrainian-justice-official-says-us-ambassador-gave-him-a-do-not-
Ukrainian Prosecutor General Yuriy Lutsenko told Hill.TV’s John Solomon in an interview that aired Wednesday that U.S. Ambassador to Ukraine Marie Yovanovitch gave him a do not prosecute list during their first meeting.
CORR : ►https://seenthis.net/messages/769398 et merci @clementb
hihi, @reka, tu t’es trompé d’article pour écrire ton commentaire !
►https://seenthis.net/messages/769398
Egypt After 2 years of investigations: Regeni and clues about his killers | MadaMasr
▻https://www-madamasr-com.cdn.ampproject.org/c/s/www.madamasr.com/en/2018/02/01/opinion/u/after-2-years-of-investigations-regeni-and-clues-about-his-killers/amp/?platform=hootsuite
Editorial Note: On January 25, 2018, the second anniversary of the disappearance of Italian researcher Giulio Regeni, the Italian newspapers Corriere della Sera and La Repubblica published a letter addressed to their editors in chief that was written by Giuseppe Pignatone, Rome’s chief prosecutor. In the letter, Pignatone summarizes the results of the Italian-Egyptian joint investigation into Regeni’s death. While Mada Masr published a story on the letter on January 26 titled “Italian General Prosecutor: Egyptian secret services complicit in Regeni case,” we have decided to translate Pignatone’s letter into English, preserving Corriere della Sera’s editorial framing, to give the full context of the prosecutor’s address.
—
Dear editor in chief,
Two years after Giulio Regeni was abducted in Cairo, here is a brief reflection on some aspects of the inquiry.
The Cooperation
The fact that the tragic events took place in Egypt naturally entailed that the Egyptian authorities had, first and foremost, the right, but also the duty, to carry out the investigations. As for us, Italian judicial magistrates and police, we can only cooperate and support the investigations of the Egyptian team by making suggestions and requests. We cannot possibly imagine gathering evidence that would allow us to identify those responsible for the crime from outside Egypt.
This cooperation with our Egyptian colleagues is the first of its kind in the history of judicial cooperation. For the first time, I believe, a public prosecutor of another country came to Italy, in the absence of treaties, to share the results of his own investigations. We also traveled to Cairo for the same reasons: there have been seven meetings in total. For this, I must publicly thank Prosecutor General Nabil Sadek.
In the absence of international agreements or conventions, as in this case, such complex and demanding judicial cooperation can be made possible only if the governments of both countries simultaneously initiate real cooperation. Undoubtedly, the pressure of public opinion – also at an international scale –played a major role in this.
The Inquiry
As magistrates, our activities have to comply with specific standards and methods, as well as with our established legal culture. It was not always easy to penetrate the mentality of the Arab world and measure ourselves against a judicial system with completely different investigative procedures and practices.
To give an example of this: in order not to break the thread of cooperation, we had to acknowledge the legal impossibility of being present during witness hearings held before our Egyptian colleagues in Cairo.
Sometimes, hurdles were overcome. At least in part. Another example: we had immediately asked that data from the mobile network in certain areas of Cairo, concerning the crucial dates of January 25 and February 3, 2016 (the disappearance of Giulio and the date the body was discovered), be delivered to us, but Egyptian law wouldn’t allow it. The problem was partly solved because we had access to the reports of Egyptian experts. However, accessing the crude data and analyzing it directly obviously would have made a huge difference.
Despite all these obstacles, we continued with our work, and I think I can say we reached some tangible results. First, we wanted to avoid the investigations heading down the wrong track. Focusing on non-existent espionage activity by Giulio or the involvement of a group of common criminals, for example. Secondly, we wanted to establish some red lines within the framework for further investigations into the murder. First and foremost, the motive can be easily traced to his research activities during his months in Cairo. Light was shed on the role played by some of the people who Giulio met in the course of his research and who betrayed him. It has also become clear that Giulio attracted the attention of Egypt’s state apparatus for several months, attention which increased in intensity leading up to January 25.
These are crucial elements in pursuing the investigation, and above all, in finding common ground with our Egyptian colleagues. Two years ago, no one would have expected that we could obtain such results.
We do not intend to stop here, even though we remain extremely aware of the significant complexity of the investigation. Here is another example, to illustrate the hurdles we have already overcome and those we still have to face. During our last meeting in Cairo, in December, we wanted to share the meticulous reconstruction of all the evidence collected until now with our Egyptian colleagues. This information was compiled by the Raggruppamento Operativo Speciale and the Servizio Centrale Operativo, who did, one must say, an outstanding job these past two years. For this, they deserve our gratitude. In an ordinary investigation, the public prosecutor’s office would have been able to draw some conclusion, although incomplete, on the basis of the information filed. In this case, the cooperation between both offices imposes a slow and laborious process: sharing the information, waiting until our colleagues examine it, and then together assessing the next steps to take. This is a complex process based on a reciprocal sense of collaboration, and while it cannot be as quick as we all wish, it is the only possible one. The slightest rush on our part would boomerang and nullify all the evidence that has been painfully reconstructed until now.
Cambridge
Since the murderer’s motive is linked exclusively to Giulio’s research, one has to highlight how important it is to comprehend what led him to travel to Cairo and to identify all those he had contact with, both academics and Egyptian labor union members.
This is why the obvious inconsistencies between the statements by university staff and what we uncovered from Giulio’s correspondence (recovered in Italy through his personal computer) required further investigations in the United Kingdom. These investigations were made possible thanks to the effective cooperation of the British authorities. The results of this cooperation – including the search and seizure of material – seem fruitful after an initial examination. They are currently being studied by our investigators.
The family
We met Giulio’s parents numerous times over the past 24 months. We were impressed by their dignity in the face of tragedy, and by their incessant efforts to pursue truth and justice. We can assure them, on our part, that we will continue deploying sustained efforts, doing everything necessary and useful to bring those responsible for the abduction, torture and the murder of Giulio to justice.
Rome’s chief prosecutor
des amis italiens sont très sceptiques de cette implication de Cambridge et y voient une tentative de dédouaner la police et le régime égyptiens
L’original dit contradictions évidentes, pas incohérences…
«Già molti indizi sugli assassini di Giulio Regeni, andiamo avanti» - Corriere.it
▻http://roma.corriere.it/notizie/cronaca/18_gennaio_25/gia-molti-indizi-regeni-pignatone-lettera-procuratore-3240e730-013f-11
Per questo le evidenti contraddizioni tra le dichiarazioni acquisite nell’ambito universitario e quanto emerso dalla corrispondenza intrattenuta da Giulio (recuperata in Italia dal suo computer) hanno imposto di effettuare accertamenti anche nel Regno Unito, resi possibili dalla efficace collaborazione delle Autorità d’Oltremanica.
Brazilian prosecutor targets senior ruling party leaders: report | Reuters
▻http://www.reuters.com/article/us-brazil-politics-idUSKCN0YT1H6
Brazil’s top prosecutor is seeking the arrests of the Senate leader and other senior ruling party politicians for allegedly trying to obstruct a corruption probe, threatening to undermine President Michel Temer’s interim government, O Globo reported on Tuesday.
Those targeted are Senate President Renan Calheiros, Senator Romero Jucá, the president of the ruling PMDB, former Brazilian President José Sarney and the suspended speaker of the lower house of Congress, Eduardo Cunha, the newspaper said.
Prosecutor General Rodrigo Janot accuses them of seeking to block a sprawling two-year-old investigation into political kickbacks on contracts with state-run oil company Petrobras, according to the report.
The four men, powerful members of Brazil’s political establishment and the centrist PMDB, the country’s largest party, have denied the accusations.
The Supreme Court must authorize their arrests.
Pour faire patienter en attendant l’annonce du prochain gouvernement en #Ukraine (si, si, attendez, ça vient !…)
Ukraine’s parliament elects new government amid political crisis - The Washington Post
▻https://www.washingtonpost.com/world/ukraines-parliament-elects-new-government-amid-political-crisis/2016/04/14/ffdd2919-0312-4ced-89d8-402317002762_story.html
On Wednesday, the Ukrainian Prosecutor General confirmed to the Interfax news service that it was investigating an alleged $3 million bribe given to Yatsenyuk to appoint the head of the country’s broadcasting agency.
Yatsenyuk and allies of Poroshenko, Avakov targeted by corruption investigations
▻http://www.kyivpost.com/content/kyiv-post-plus/yatsenyuk-allies-of-poroshenko-avakov-targeted-by-corruption-investigation
Prime Minister Arseniy Yatsenyuk, President Petro Poroshenko’s chief of staff Borys Lozhkin and an ally of Interior Minister Arsen Avakov have been targeted by investigators and whistleblowers in Ukraine and abroad this week.
The reports come as Poroshenko, Yatsenyuk and Prosecutor General Viktor Shokin are accused of failing to investigate corruption among incumbent and former top officials and applying selective justice.
Geoffrey Pyatt, the U.S. ambassador to Ukraine, went so far on Sept. 24 as to say that “corrupt actors within the Prosecutor General’s Office are making things worse by openly and aggressively undermining reform.”
Kyiv’s Pechersky District Court has ordered the Prosecutor General’s Office to start an investigation against Yatsenyuk on suspicion of getting a $3 million bribe for appointing Volodymyr Ishchuk as chief executive of state-owned Radio Broadcasting, Radio Communications and Television Company, Serhiy Kaplin, a member of the Verkhovna Rada, wrote on Sept. 26.
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).
fiche maintenant complétée par la ligne suivante :
In July 2015 the President of Ukraine accepted the resignation of Viktor Shyshkin
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.
Plusieurs Géorgiens promus dans l’équipe gouvernementale ukrainienne avec pour mission : RÉFORMER !
Georgian reformer to spearhead changes at Ukrainian prosecutor’s office
▻http://www.kyivpost.com/content/kyiv-post-plus/georgian-reformer-to-spearhead-changes-at-ukrainian-prosecutors-office-380
A Georgian reformer became a deputy prosecutor general of Ukraine on Feb. 16 as part of a string of appointments drawing on the experience of former Georgian President Mikheil Saakashvili’s team.
(…)
The new appointee, David Sakvarelidze, will oversee the reform of Ukrainian Prosecutor General’s Office and will be in charge of human resources and European integration, Prosecutor General Viktor Shokin said at a news briefing.
He was Tbilisi’s chief prosecutor and a deputy prosecutor general in 2008-2009 and Georgia’s first deputy prosecutor general in 2009-2012.
(…)
Sakvarelidze holds a law degree from Tbilisi State University, a political science degree from St. Bonaventure University in New York State and a public administration degree from Japan’s Toyo University Itakura.
His appointment comes on the heels of President Petro Poroshenko’s decision on Feb. 13 to make Saakashvili a presidential adviser and head of the Advisory International Council for Reforms.
(…)Georgians also spearhead reforms in other sectors.
In December, Ekaterina Zguladze-Glucksmann, who was first deputy interior minister in Georgia in 2005-2012, was appointed to the same post in Ukraine and will oversee the police reform and the creation of a new traffic police.
At the same time, Oleksandr Kvitashvili, who was Georgia’s healthcare, labor and social affairs minister in 2008-2010, became Ukraine’s healthcare minister to tackle a reform of the sector.
Pour Saakachvili, je citerai juste cet extrait de WP…
En politique étrangère, Saakachvili maintient des relations étroites avec la classe dirigeante américaine, ainsi qu’avec celle des autres pays de l’OTAN, et il est l’un des dirigeants de l’Alliance du GUAM. La Révolution des Roses menée par Saakachvili est décrite par la Maison-Blanche de George W. Bush comme l’un des mouvements les plus puissants des temps modernes, qui inspirera d’autres mouvements de libération. En septembre 2005, Tbilissi est la première capitale des anciens pays de l’URSS à baptiser une de ses rues au nom de George W. Bush.
La Géorgie demande l’extradition de Saakachvili. La demande est rejetée par l’Ukraine :
en russe :
▻http://112.ua/glavnye-novosti/tbilisi-obratilsya-v-gpu-s-prosboy-ekstradirovat-saakashvili-v-gruziyu-191548.ht
en anglais :
▻http://rustavi2.com/en/news/9890
121 Rada lawmakers demand Prosecutor General Yarema’s resignation
▻http://zik.ua/en/news/2015/01/17/121_rada_lawmakers_demand_prosecutor_general_yaremas_resignation_556763
Speaking on Hromadske TV Jan. 17, Yehor Sobolev, Samopomich, said 121 lawmakers had signed a demand to dismiss Prosecutor General Yarema.
There is enough support to put the resignation on Rada’s agenda and to give Yarema the vote of no confidence.
“The next prosecutor general is to be elected via a competition. We do not this official to be affiliated to anybody,” Yehor Sobolev said.
Yarema was appointed by Pres. Poroshenko. He is criticized for stalling investigation of Maidan crimes by Yanukovych and his officials.
Egypte : Brotherhood Supreme Guide referred to criminal court in new Rabaa case - Ahram Online
▻http://english.ahram.org.eg/News/93373.aspx
Egypt’s Prosecutor General Hesham Barakat has referred the Muslim Brotherhood Supreme Guide Mohamed Badie and 50 other leading members of the group to a criminal court in a new case on charges of confronting authorities during the dispersal of the Rabaa Al-Adawiya sit-in last August and for forming an operation room to incite disorder and destruction of property.
The defendants are accused of inciting attacks on police stations, state institutions, state properties and churches with the aim of "bringing down the state and forming an alternative government,” according to a document referred by the prosecution.
On 14 August police forcefully dispersed a sit-in by supporters of ousted president Mohamed Morsi, who hails from the Brotherhood, leaving hundreds killed. Dozens of policemen were also killed.
Morsi officially withdraws complaints against media -
Daily News Egypt
▻http://www.dailynewsegypt.com/2013/05/04/morsi-officially-withdraws-complaints-against-media
Prosecutor General Tala’at Abdallah received a note from the presidency stating the institution’s withdrawal of all complaints filed against journalists and media figures.
The withdrawal decision implements President Mohamed Morsi’s pledge to withdraw complaints filed by the presidency against media figures to ensure freedom for media organisations.
Hassan Yassin, the head of the Prosecutor General’s Technical Office, informed all relevant prosecution offices to terminate investigations related to the complaints, according to state-owned Al-Ahram.