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Human rights court rules against Greece in Sharia law case
Legal Interview |
2018/12/16 10:38
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Greece violated a prohibition on discrimination by applying Islamic religious law to an inheritance dispute among members of the country's Muslim minority, the European Court of Human Rights ruled Wednesday.
The court, based in the eastern French city of Strasbourg, ruled Greece violated the European Convention on Human Rights by applying Sharia law in the case, under which a Muslim Greek man's will bequeathing all he owned to his wife was deemed invalid after it was challenged by his sisters.
The man's widow, Chatitze Molla Sali, appealed to the European court in 2014, having lost three quarters of her inheritance. She argued she had been discriminated against on religious grounds as, had her husband not been Muslim, she would have inherited his entire estate under Greek law.
The European court agreed. It has not yet issued a decision on what, if any, penalty it will apply to Greece.
"Greece was the only country in Europe which, up until the material time, had applied Sharia law to a section of its citizens against their wishes," the court said in its ruling.
"That was particularly problematic in the present case because the application of Sharia law had led to a situation that was detrimental to the individual rights of a widow who had inherited her husband's estate in accordance with the rules of civil law but who had then found herself in a legal situation which neither she nor her husband had intended."
Molla Sali's husband had drawn up his will according to Greek law, and both a first instance and an appeals court initially ruled in her favor in the dispute with her sisters-in-law. But further court decisions ruled that inheritance issues within the Muslim minority had to be dealt with under Islamic religious law, and the will was deemed invalid.
Legislation concerning minorities in Greece was based on international treaties drawn up in the 1920s following the wars that broke out in the aftermath of the Ottoman empire's collapse. Civil cases involving the 100,000-strong Muslim minority in northeastern Greece were dealt with under Islamic law and presided over by a single official, a state-appointed Muslim cleric, or mufti.
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Defamation lawsuit against activist continues in state court
Legal Interview |
2018/12/09 10:56
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A Maine activist who accused an orphanage founder in Haiti of being a serial pedophile asked the state supreme court on Tuesday to dismiss a defamation lawsuit that was moved from federal court.
An attorney for Paul Kendrick told justices that the assertions were protected by a Maine law that protects people from meritless suits aimed at chilling First Amendment rights.
The argument that invoked Maine's Anti-SLAPP statute was met with skepticism from justices who questioned whether the law was intended to apply to harassment and cyberbullying.
But Supreme Court Chief Justice Leigh Saufley suggested there's a balancing act when between free speech and defamation.
"Are we not sliding into an areas where we have to be very careful not to chill the voices of people who say we must speak up in support of children who have been abused?" she asked an attorney at one point. "We know that if people are afraid to speak up that abuse can go on for decades."
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Man accused of killing tourist appears in New Zealand court
Legal Interview |
2018/12/07 10:57
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A man accused of killing 22-year-old British tourist Grace Millane made his first appearance in a New Zealand court Monday.
The 26-year-old man stared at the ground while a judge addressed him during the brief appearance at the Auckland District Court. The man has not yet entered a plea on murder charges and the court has temporarily blocked his name from being published.
Millane's father, David Millane, traveled to New Zealand last week after his daughter vanished, and Judge Evangelos Thomas addressed him and other family members.
"I don't know what to say to you at this time, but your grief must be desperate," he said, according to television station Three. "We all hope justice will be fair and swift and ultimately bring you some peace."
The case has riveted people both in Britain and New Zealand.
Described by her father as fun-loving and family-oriented, Millane had been traveling in New Zealand as part of a planned yearlong trip abroad that began in Peru. She went missing Dec. 1 and failed to get in touch with her family on her birthday the next day, or on the days that followed, which alarmed them.
Before she vanished, Millane had been staying at a backpacker hostel in Auckland and left some of her belongings there. Detective Inspector Scott Beard said she met a man for a couple of hours in the evening before surveillance cameras showed them entering the CityLife hotel at about 9:40 p.m.
A week after Millane disappeared, police detained a man for questioning and later charged him with murder. |
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Sri Lanka court orders prime minister to refrain from duties
Legal Interview |
2018/12/01 09:10
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A Sri Lankan court on Monday ordered disputed Prime Minister Mahinda Rajapaksa and his ministers to refrain from carrying out their duties as it hears an appeal against them.
While the ruling by the Court of Appeal is an interim order, it is yet another setback for Rajapaksa, who has held on to the position of prime minister with President Maithripala Sirisena's backing despite losing two no-confidence votes.
The parliamentary speaker announced that Rajapaksa's government was dissolved after the passage of the no-confidence motions. Parliament has also passed resolutions to cut off funds to the offices of Rajapaksa and his ministers.
Still, Rajapaksa continued to function as prime minister, with Sirisena dismissing the no-confidence votes, saying proper procedures were not followed.
Rajapaksa said in a statement later Monday that he did not accept the interim order and would file an appeal early Tuesday with the Supreme Court, the country's highest court.
Sri Lanka has been in political turmoil since Oct. 26, when Sirisena sacked Prime Minister Ranil Wickremesinghe and appointed Rajapaksa in his place. |
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Russian court challenges International Olympic Committee
Legal Interview |
2018/11/24 14:54
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Court ruled Wednesday that bobsledder Alexander Zubkov, who carried the Russian flag at the opening ceremony of the 2014 Sochi Games, should still be considered an Olympic champion despite having been stripped of his medals because of doping. A CAS ruling upholding his disqualification is not enforceable in Russia, the court said.
CAS, however, is the only valid arbiter for sports disputes at the games, according to the Olympic Charter. In rare instances, Switzerland's supreme court can weigh in on matters of procedure.
"The CAS decision in this case is enforceable since there was no appeal filed with the Swiss Federal Tribunal within the period stipulated," the IOC told The Associated Press in an email on Thursday. "The IOC will soon request the medals to be returned."
The law firm representing Zubkov said the Moscow court found the CAS ruling violated Zubkov's "constitutional rights" by placing too much of a burden on him to disprove the allegations against him.
Zubkov won the two-man and four-man bobsled events at the Sochi Olympics but he was disqualified by the IOC last year. The verdict was later upheld by CAS.
Zubkov and his teams remain disqualified in official Olympic results, but the Moscow ruling could make it harder for the IOC to get his medals back.
"The decision issued by the Moscow court does not affect in any way the CAS award rendered ... an award which has never been challenged before the proper authority," CAS secretary general Matthieu Reeb told the AP.
"The fact that the CAS award is considered as 'not applicable in Russia' by the Moscow court may have local consequences but does not constitute a threat for the CAS jurisdiction globally."
The IOC's case against Zubkov was based on testimony from Moscow and Sochi anti-doping laboratory director Grigory Rodchenkov, who said he swapped clean samples for ones from doped athletes, and forensic evidence that the allegedly fake sample stored in Zubkov's name contained more salt than could be possible in urine from a healthy human.
Zubkov, who says he never doped, retired after the Sochi Olympics and has since become president of the Russian Bobsled Federation. The International Bobsled and Skeleton Federation didn't respond to a request to comment. |
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